Notice of Proposed Rulemaking and Temporary Administrative Order
OAR 165-005-0135
Election Worker Residence Address Disclosure Exemptions
The Elections Division hereby provides notice of rulemaking activity for OAR 165-005-0135. A notice of proposed rulemaking and a companion temporary rule have been filed concurrently. More information may be found below and on our website.
TEMPORARY RULE CURRENTLY IN EFFECT
This temporary rule went into effect on April 3, 2024 and will end on September 29, 2024 or upon adoption of a permanent administrative order.
FILING CAPTION: Expands residence address exemption to family members and transfers program administration to county elections officials.
RULE TEXT: The rule text may be found at this link.
NEED FOR TEMPORARY RULE: The amendments to this rule are needed to implement the changes mandated by SB 166 (2023). These changes expanded residence address exemption for certain electors residing with an election worker. Further, this amendment is needed to transfer administration of this program to county elections officials. Though the Secretary of State will oversee the program, transferring day-to-day administration of this program to county elections officials will ensure this program aligns with other elector address exemption processes already administered by the counties.
JUSTIFICATION FOR TEMPORARY RULE: The Secretary of State finds that failure to act promptly will result in serious prejudice to the public interest because family members residing with an election worker and election workers themselves will be unnecessarily put at risk if they are not able to exempt their residential address. Further, SB 166 (2023) contained an emergency clause causing the provisions of the bill to go into effect upon passage. These amendments are required to implement provisions of the law in a timely manner prior to the May 2024 Primary Election.
DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: SB 166 (2023) available online at oregonlegislature.gov or from the Secretary of State Elections Division.
NOTICE OF PROPOSED RULEMAKING
PUBLIC HEARING AND COMMENTS
A public hearing for this rule will be held virtually via Microsoft Teams. The hearing will take place on May 29, 2024 from 2:00 p.m. to 2:30 p.m. Visit our website for more information. Public comments may be sent to the Elections Division until May 30, 2024 at 5:00 p.m.
FILING CAPTION: Expands residence address exemption to family members and transfers program administration to county elections officials.
RULE SUMMARY: HB 4144 (2022) created a provision codified in ORS Chapter 247 allowing for the exemption of residence addresses in Oregon voter registration records of election workers. The law required the Secretary of State to define “elections worker” by rule. SB 166 (2023) expanded the law to include family members residing with an election worker. The changes to this rule implement the expansion set forth in SB 166 (2023) and transfers the administration of this program to the county elections offices under the direction of the Secretary of State, Elections Division.
CHANGES TO RULE: The proposed changes to OAR 165-005-0135 can be found at the Elections Division's website.
NEED FOR RULE: The amendments to this rule are needed to implement the changes mandated by SB 166 (2023). These changes expanded residence address exemption for certain electors residing with an election worker. Further, this amendment is needed to transfer administration of this program to county elections officials. Though the Secretary of State will oversee the program, transferring day-to-day administration of this program to county elections officials will ensure this program aligns with other elector address exemption processes already administered by the counties.
DOCUMENTS RELIED UPON: SB 166 (2023) available online at oregonlegislature.gov or from the Secretary of State Elections Division.
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