(1) For electors with mailing addresses outside this state, the county clerk shall deliver a ballot: (a) Not later than the 45th day before the election to each military or overseas elector; and (b) Not sooner than the 29th day before the election to each absent elector with a mailing address outside this state who is not a military or overseas elector. (2) The clerk shall deliver with the ballot instructions for marking and returning the ballot, a return identification envelope and, if used, a secrecy envelope. Except as provided in subsection (3) of this section, the return identification envelope must contain: (a) Space for the elector to sign the envelope. (b) A notice designed by rule by the Secretary of State, in consultation with the county clerks, explaining that by signing the ballot the elector is attesting under penalty of perjury that the ballot was mailed no later than the date of the election. (c) A summary of the applicable penalties for knowingly making a false statement, oath or affidavit under the election laws. (3) For a military or overseas elector as defined in ORS 253.501, the return identification envelope provided under subsection (2) of this section must contain: (a) Any information that a military or overseas elector is required to sign under the federal Help America Vote Act of 2002 (P.L. 107-252) or other federal law; (b) Space for the elector to sign; and (c) To the extent not required under paragraph (a) of this subsection, a notice designed by rule by the Secretary of State that ensures that any military or overseas elector who returns a ballot by mail makes a legally binding assertion that the ballot was mailed no later than the date of the election. (4) An absent elector may obtain a replacement ballot if the ballot delivered under this section is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection. (5) A replacement ballot provided under subsection (4) of this section may be mailed or shall be made available in the office of the county clerk. (6) If the county clerk determines that an absent elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall count only the first ballot received by the clerk and provide the elector’s name to the Secretary of State for further review. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless: (a) Only the original ballot was voted and returned; or (b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot. [1979 c.190 §207; 1981 c.485 §1; 1989 c.923 §22; 1991 c.719 §50; 1995 c.607 §34; 1999 c.318 §33; 1999 c.1002 §7; 2011 c.607 §4; 2013 c.520 §1; 2021 c.473 §12; 2021 c.551 §2]
§ ORS § 253.065Delivery of out-of-state ballots; replacement ballots; attestation that mailed ballot was timely deposited; rules
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