1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session House Bill 3514 Sponsored by Representative EVANS SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act directs a county clerk to publish a voters’ pamphlet for certain elections. The Act directs a county clerk to publish an official tally of votes at least two times on the day of cer- tain elections. (Flesch Readability Score: 62.3). Requires the county clerk to publish a county voters’ pamphlet for any primary and general election. Requires the county clerk to publish at least two unofficial tallies of votes on the day of each primary election and general election. A BILL FOR AN ACT Relating to publication of certain election information; amending ORS 251.067, 251.305, 251.315, 251.335, 251.345, 251.355, 251.365 and 254.485. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 251.305 is amended to read: 251.305. (1) The county clerk of a county shall prepare, print and distribute a county voters’ pamphlet for any primary election and general election. (2) The county clerk of any county may prepare, print and distribute a county voters’ pamphlet that is not otherwise required under subsection (1) of this section for any election other than a primary election or general election. SECTION 2. ORS 251.315, as amended by section 5, chapter 55, Oregon Laws 2024, and section 2, chapter 56, Oregon Laws 2024, is amended to read: 251.315. (1) [Ifacountyproducesacountyvoters’ pamphlet, the] A county voters’ pamphlet [shall] must include, when applicable, at least the following information: (a) Requirements for a citizen to qualify as an elector. (b) Requirements for registration and updates of registration. (c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot. (d) The hours and locations of places designated under ORS 254.470 for deposit of official ballots. (e) Any portraits and statements relating to candidates submitted in accordance with the pro- visions of ORS 251.305 to 251.435. (f) Any ballot titles, explanatory statements and arguments submitted in accordance with the provisions of ORS 251.305 to 251.435. (g)(A) Statements in the information section of the voters’ pamphlet on the pages immediately following the page containing the letter of the county clerk, filing office or other public election official, to the extent reasonably practicable, that: (i) Are written in English and the 10 additional common languages for the county listed by the Secretary of State under ORS 251.167; NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 3869 HB3514 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (ii) Explain that an electronic copy of portions of the voters’ pamphlet is publicly available in that language; and (iii) Provide the website address to the translated voters’ pamphlet. (B) The statements required under subparagraph (A) of this paragraph must be written so as to be clearly readable. (C) The Secretary of State may adopt rules necessary to implement this paragraph. (h) Such other information as the county clerk considers to be appropriate or necessary to in- form the voters. (2) The county clerk shall mail or otherwise distribute the county voters’ pamphlet not later than the last day for mailing ballots to electors as provided in ORS 254.470. (3)(a) The name of the county clerk or other filing officer may not appear in the county voters’ pamphlet in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a candidate in the election for which the voters’ pamphlet is printed. (b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165. SECTION 3. ORS 251.335 is amended to read: 251.335. (1) As used in this section, “district” has the meaning given that term in ORS 255.012. (2) Not later than the date specified by the Secretary of State, any candidate for nomination or election to county, city or special district office within the county, or an agent of the candidate, may file with the county clerk [of a county that prepares a] for purposes of the county voters’ pamphlet a portrait of the candidate and a typewritten statement of the reasons the candidate should be elected. The portrait and statement must comply with the applicable rules of the Secretary ofState. (3) The county clerk may not accept the filing of a statement or portrait of any candidate unless the filing is accompanied by the appropriate fee described in ORS 251.325. (4) At the bottom of each allotted space of the county voters’ pamphlet containing a portrait and statement filed by a candidate, the county clerk shall include: (a) A statement identifying the person who furnished the portrait and statement; and (b) A disclaimer in boldfaced type in substantially the following form: _______________________________________________________________________________________ The above information has not been verified for accuracy by the county. _______________________________________________________________________________________ SECTION 4. ORS 251.345 is amended to read: 251.345. Not later than the date specified by the Secretary of State, [in a county that prepares a] for purposes of the county voters’ pamphlet, the governing body for any electoral district that has referred a measure to the voters shall submit an impartial, simple and understandable statement explaining the measure and its effect. SECTION 5. ORS 251.355 is amended to read: 251.355. (1) Not later than the date specified by the Secretary of State by rule, [in a county that prepares a] for purposes of the county voters’ pamphlet, any person may file with the county clerk a typewritten argument supporting or opposing any measure to be submitted to the voters on the ballot. The county clerk may not accept any arguments that are not accompanied by the fee estab- lished by the Secretary of State or a petition in a form prescribed by the Secretary of State. A pe- tition shall contain the signatures of at least four percent of the electors in the county eligible to [2] HB3514 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 vote on the measure to which the argument refers, or the signatures of 1,000 electors in the county eligible to vote on the measure to which the argument refers, whichever is less. The number of registered electors in an electoral district, for the purposes of this section, shall be calculated on January 1 of each year. Each person signing the petition shall subscribe to a statement that the person has read and agrees with the argument.The signatures on each petition shall be certified by the county clerk in the manner provided in ORS 249.008. The petition shall be filed with the countyclerk. (2) The county clerk shall include in the county voters’ pamphlet, on the page of the printed argument, the name of the person who submitted the argument, the name of the organization the person represents, if any, whether the argument supports or opposes the measure and a disclaimer that the argument does not constitute an endorsement by the county and that the county does not warrant the accuracy or truth of any statement made in the argument. SECTION 6. ORS 251.365 is amended to read: 251.365. (1) [Any county clerk] For purposes of preparing, printing and distributing a county voters’ pamphlet, a county clerk may apportion the cost of preparing, printing and distributing the county voters’ pamphlet as a cost of the election according to the formula established by the Sec- retary of State for the allocation of election costs. The apportioned election costs shall be reduced for each electoral district by the amount of any revenue received by the county clerk from the submission of candidate portraits, statements and arguments for that electoral district. (2) Any revenue collected by the county clerk from the submission of candidate portraits, statements or arguments for any electoral district which may exceed the apportioned cost of the election for that electoral district shall be applied to reduce the shared costs of the election for all remaining electoral districts. SECTION 7. ORS 251.067 is amended to read: 251.067. (1) A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait or statement for inclusion in the state voters’ pamphlet under ORS 251.065 if a county voters’ pamphlet [described in ORS 251.305 to 251.435] is not required under ORS 251.305 and is not prepared for the election in each county in which the electoral district of the candidate is located. (2) A community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, shall be included in the state voters’ pamphlet as provided in ORS 251.285, if a county voters’ pamphlet [described in ORS 251.305 to 251.435] is not required under ORS 251.305 and is not prepared: (a) For the election on the county measure; or (b) In each county in which the community college district or metropolitan service district is located, for the election on the community college district measure relating to bonding or metro- politan service district measure. (3) If a county voters’ pamphlet described in ORS 251.305 to 251.435 is prepared for an election at which a candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, is listed on the ballot, or at which a community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268 is listed on the ballot, the county voters’ pamphlet shall include the county or city office, the office of the metropolitan service district [3] HB3514 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 or the community college district measure relating to bonding, county measure or measure of the metropolitan service district. Such offices and measures [shall] may not be included in any state voters’ pamphlet prepared for the election and distributed in the county for which the county voters’ pamphlet is prepared. (4) If a city, metropolitan service district organized under ORS chapter 268 or community col- lege district is located in more than one county, and a county in which the city, metropolitan service district or community college district is located does not prepare a county voters’ pamphlet de- scribed in ORS 251.305 to 251.435 for the election, candidates for nomination or election to any city office or an elected office of the metropolitan service district, and any community college district measure relating to bonding or measure of the metropolitan service district, [shall] must be included in the state voters’ pamphlet to be distributed to the county that does not prepare a county voters’ pamphlet. The Secretary of State shall designate the candidates and measures that may be included in the state voters’ pamphlet under this subsection. (5) As used in this section, “community college district” has the meaning given that term in ORS 341.005. SECTION 8. ORS 254.485, as amended by section 3, chapter 56, Oregon Laws 2024, is amended to read: 254.485. (1) Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct. (2) If a counting board has been appointed, the tally of ballots may begin on the date of the election. (3)(a) If ballots are tallied by a counting board, after the tally has begun it shall continue until completed. Except as provided in paragraph (b) of this subsection, a counting board shall tally without adjournment and in the presence of the clerks and persons authorized to attend. (b) A counting board may be relieved by another board if the tally is not completed after 12 hours. (4) A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally. (5) For ballots cast using a voting machine, the county clerk shall: (a) Enter the ballots cast using the machine into the vote tally system; and (b) In the event of a recount, provide the paper record copy recorded by the machine to the countingboard. (6) A person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may not tally ballots under this chapter. (7) The county clerk shall cause to be published on the website maintained by the county, after 8 p.m. on the day of a primary election and general election, an unofficial tally of votes for that county. The county clerk shall cause to be published an update to the unofficial tally of votes described under this subsection not less than one time on the day of the election. [(7)] (8) The Secretary of State shall by rule establish a procedure for announcing the status of the tally of the ballots received after the date of the election. Rules adopted under this subsection must: (a) Consider the number of ballots being released in relation to the size of the district; (b) Prioritize voter anonymity; and (c) After prioritizing voter anonymity under paragraph (b) of this subsection, prioritize the im- [4] HB3514 1 2 portance of timely reporting election results. [5]