2017 ORS 253.575¹
County clerk duties upon receipt of application for special ballot
  • application as valid voter registration
  • replacement ballots

(1) Upon receipt of an application made under ORS 253.565 (Application for special ballot by military or overseas elector), if the applicant’s residence is in the county, the county clerk, without regard to whether the applicant is an elector of the county, shall mail to the applicant a special ballot, instructions for filling in and returning the ballot and an envelope to use for the return. The office 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; and

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

(2) The completed and signed application submitted under ORS 253.565 (Application for special ballot by military or overseas elector) shall constitute a valid registration for the elector.

(3) If the county clerk receives an application for a special ballot on or after the 45th day before the election specified in the application, the county clerk shall treat the application as an application made under ORS 253.540 (Application for ballot by military or overseas elector).

(4) A military or overseas 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.

(5) Notwithstanding subsection (3) of this section, a replacement ballot may be mailed or shall be made available in the office of the county clerk.

(6) If the county clerk determines that a military or overseas 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. [1985 c.720 §3; 1989 c.923 §2; 1991 c.719 §51; 1993 c.713 §61; 1995 c.607 §37; 1999 c.318 §34; 1999 c.410 §36; 2013 c.520 §12; 2017 c.749 §53]

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/­ors253.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 253, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano253.­html (2017) (last ac­cessed Mar. 30, 2018).
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.