2007 ORS 253.065¹
Delivery of ballot
  • replacement ballots

(1) For electors with mailing addresses outside this state, the county clerk shall deliver an absentee ballot:

(a) Not later than the 45th day before the election to each long term absent elector; and

(b) Not sooner than the 29th day before the election to each elector with a mailing address outside this state who is not a long term absent elector.

(2) For electors with mailing addresses in this state, except if requested by the elector, absentee ballots delivered by mail shall be delivered:

(a) For primary elections and general elections, or any statewide special election for which a voters’ pamphlet is prepared, not sooner than the date the Secretary of State first mails the voters’ pamphlet under ORS 251.175 (Distribution of pamphlet); or

(b) In the case of an election for which a statewide voters’ pamphlet is not required to be prepared, not sooner than the 20th day before the date of the election.

(3) The ballot may be delivered to the absent elector in the office of the clerk, by postage prepaid mail or by any other appropriate means.

(4) The clerk shall deliver with the ballot instructions for marking and returning the ballot, a return identification envelope and a secrecy envelope. The name, official title and address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector:

(a) Is qualified to vote;

(b) Unless prevented by physical disability, has personally marked the ballot; and

(c) Has not unnecessarily exhibited the marked ballot to any other person.

(5) Notwithstanding subsections (1) and (2) of this section, if the county clerk receives an application for an absentee ballot after the fifth day before an election, the county clerk need not mail the ballot for that election but may deliver the ballot by making it available in the office of the clerk.

(6) An elector may obtain a replacement ballot if the ballot 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.

(7) A replacement ballot may be mailed or shall be made available in the office of the county clerk.

(8) If the county clerk determines that an elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. 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]

Chapter 253

Atty. Gen. Opinions

Applica­tion of this chapter to elec­tion immediately after referral, (1972) Vol 36, p 140

1 Legislative Counsel Committee, CHAPTER 253—Absent Electors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­253.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 253, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­253ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.