§ ORS § 254.431Special procedure for ballots challenged due to failure to sign return envelope or nonmatching signature; public record limitation

(1) If a ballot is challenged
because it is returned in an unsigned return identification envelope or because
the signature of an elector on a return identification envelope does not match
the signature in the voter registration record for the elector, the county
clerk shall mail to the elector a notice that describes the nature of the
challenge. The Secretary of State shall design a standard form to be used in
all notifications sent by county clerks under this subsection.

(2)(a) In order
for the vote of the elector to be counted, the elector must provide evidence
sufficient to disprove the challenge not later than the 21st calendar day after
the date of the election. In the case of an unsigned return identification
envelope, providing sufficient evidence may include completing a certified
statement on a form provided by the county clerk. The Secretary of State shall
design a standard form to be used for certified statements made under this
paragraph.

(b) If the
elector does not provide evidence sufficient to disprove a challenge alleging
that the signature of the elector on a return identification envelope does not
match the signature in the voter registration record for the elector by the
21st calendar day after the date of the election, the registration of the
elector shall be considered inactive.

(3)(a) The filing
officer may not release as a public record any information that could be used
to identify an elector whose ballot has been challenged under this section
until the 15th calendar day after the date of an election.

(b) Following the
14th calendar day after the date of an election, the filing officer may
disclose as a public record under ORS 192.311 to 192.478 the following
information about each elector whose ballot was challenged under this section:

(A) The name of
the elector;

(B) The residence
addresses of the elector; and

(C) The reason
the elector’s ballot is being challenged.

(4) The
provisions of ORS 247.281 apply to an elector whose registration becomes
inactive under this section.

(5) As used in
this section, “filing officer” means:

(a) The Secretary
of State, for federal or statewide elections and for elections to the office of
state Senator or Representative; or

(b) The county
clerk, for county, city or district elections. [2013 c.695 §3; 2014 c.67 §3;
2014 c.112 §3; 2015 c.169 §5; 2017 c.749 §49; 2021 c.233 §4; 2021 c.551 §16]



254.435 [Formerly 250.700; 2007 c.70 §58;
repealed by 2007 c.154 §§67,67a]



254.440 [Amended by 1975 c.683 §4; 1977
c.487 §5; repealed by 1979 c.190 §431]