Oregon Statutes 254.408 – Procedure for voting by person for whom no evidence of registration is found
(1) A person offering to vote and who claims to be an elector, but for whom no evidence of active or inactive registration can be found, shall be granted the right to vote in the manner provided in this section.
Terms Used In Oregon Statutes 254.408
- ballot: includes material posted in a voting compartment or delivered to an elector by mail. See Oregon Statutes 254.005
- County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 254.005
- Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 254.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Measure: includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law. See Oregon Statutes 254.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) Whenever an elector updates a registration at a county clerk‘s office after the ballots have been mailed under ORS § 254.470, the elector shall vote in that election in the manner provided in this section.
(3) An elector voting under this section shall complete and sign a registration card.
(4)(a)(A) Except as provided in subparagraph (B) of this paragraph, the elector shall insert the ballot into a small envelope provided by the county clerk and then insert the small envelope into a larger envelope. The larger envelope shall be delivered to the county clerk and shall be segregated and not counted until the registration of the elector is verified under this section.
(B) The county clerk shall inform the elector of any alterations to the process described in subparagraph (A) of this paragraph that are necessary if the Secretary of State has approved a procedure under ORS § 254.458 to be used in lieu of the envelope procedures.
(b) An envelope provided under this subsection must comply with the prohibitions set forth in ORS § 254.470 (13).
(5) The county clerk shall determine if the elector is validly registered to vote and if the vote was properly cast. The ballot shall be counted only if the county clerk determines the registration of the elector is considered active or inactive.
(6) A vote shall be counted only if the elector is qualified to vote for the particular office or on the measure. [Formerly 247.205; 1999 c.410 § 53; 2007 c.154 § 35; 2019 c.508 § 4; 2021 c.473 § 13; 2021 c.551 § 13]
[1989 c.666 § 3; repealed by 1993 c.713 § 43]
[Amended by 1957 c.608 § 186; 1977 c.487 § 3; repealed by 1979 c.190 § 431]