 Notice of Temporary Administrative Orders
OAR 165-025-0100, 165-025-0110, 165-025-0120, 165-025-0130, 165-010-0005
Candidates for Presidential Elector
Certificates of Ascertainment
Convening of Presidential Electors
Transmission of Original Documents to Authorized Officials of the United States
Designating the Candidate Manual, Minor Political Party Manual and Forms
The Elections Division hereby provides notice of rulemaking activity for OAR 165-025-0100, 165-025-0110, 165-025-0120, 165-025-0130, and 165-010-0005. More information may be found below and on our website.
These temporary rules went into effect July 19, 2024.
RULE TEXT FOR OAR 165-025-0100: The rule text may be found at this link.
RULE SUMMARY FOR OAR 165-025-0100: Enacts HB 4019 (2024), defines terms and requirements for Presidential Elector. Aligns Oregon with the Electoral Count Reform and Presidential Transition Improvement Act of 2022. Adopts SEL 147 as Presidential Elector Candidate Pledge.
NEED FOR TEMPORARY RULE OAR 165-025-0100: This rule is needed to define the terminology and outline the requirements for Presidential Elector and adopt a pledge form in time for the 2024 General Election.
JUSTIFICATION FOR TEMPORARY RULE 165-025-0100: The changes in HB 4019 (2024) are in effect for the general election, November 5, 2024. The Secretary of State finds that the failure to quickly implement clarifying rules will result in serious prejudice to the public interest because political parties and presidential candidates would not have the information and guidance needed to comply with the updated requirements.
OAR 165-025-0100 DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at Congress.gov, oregonlegislature.gov or from the Elections Division.
RULE TEXT FOR OAR 165-025-0110: The rule text may be found at this link.
RULE SUMMARY FOR OAR 165-025-0110: Enacts HB 4019 (2024). Defines requirements for Certificates of Ascertainment of Electoral College. Provides for a “security feature” to identify duly elected electors and to safeguard the authenticity of archived certificates. Aligns Oregon with the Electoral Count Reform and Presidential Transition Improvement Act of 2022.
NEED FOR TEMPORARY RULE OAR 165-025-0110: This rule is needed to outline the requirements for Certificates of Ascertainment of Electoral College in time for the 2024 General Election.
JUSTIFICATION FOR TEMPORARY RULE 165-025-0110: The changes in HB 4019 (2024) are in effect for the general election, November 5, 2024. The Secretary of State finds that the failure to quickly implement clarifying rules will result in serious prejudice to the public interest because political parties and presidential candidates would not have the information and guidance needed to comply with the updated requirements.
OAR 165-025-0110 DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at Congress.gov, oregonlegislature.gov or from the Elections Division.
RULE TEXT FOR OAR 165-025-0120: The rule text may be found at this link.
RULE SUMMARY FOR OAR 165-025-0120: Enacts HB 4019 (2024). Defines requirements for Convening of Presidential Electors. Designates Oregon’s Secretary of State to establish time, place, and manner to perform the official administrative duties of electors casting and the Executive Branch transmitting the electors’ Presidential and Vice-Presidential votes. Aligns Oregon with the Electoral Count Reform and Presidential Transition Improvement Act of 2022.
NEED FOR TEMPORARY RULE OAR 165-025-0120: This rule is needed to outline the requirements for Convening of Presidential Electors in time for the 2024 General Election.
JUSTIFICATION FOR TEMPORARY RULE 165-025-0120: The changes in HB 4019 (2024) are in effect for the general election, November 5, 2024. The Secretary of State finds that the failure to quickly implement clarifying rules will result in serious prejudice to the public interest because political parties and presidential candidates would not have the information and guidance needed to comply with the updated requirements.
OAR 165-025-0120 DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at Congress.gov, oregonlegislature.gov or from the Elections Division.
RULE TEXT FOR OAR 165-025-0130: The rule text may be found at this link.
RULE SUMMARY FOR OAR 165-025-0130: Enacts HB 4019 (2024). Defines requirements for Transmission of Original Documents to Authorized Officials of the United States. Aligns Oregon with the Electoral Count Reform and Presidential Transition Improvement Act of 2022.
NEED FOR TEMPORARY RULE OAR 165-025-0130: This rule is needed to outline the requirements for Transmission of Original Documents to Authorized Officials of the United States in time for the 2024 General Election.
JUSTIFICATION FOR TEMPORARY RULE 165-025-0130: The changes in HB 4019 (2024) are in effect for the general election, November 5, 2024. The Secretary of State finds that the failure to quickly implement clarifying rules will result in serious prejudice to the public interest. This rule strengthens security measures and ensures timely delivery of original documents to authorized officials of United States.
OAR 165-025-0130 DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at Congress.gov, oregonlegislature.gov or from the Elections Division.
RULE TEXT FOR OAR 165-010-0005: The rule text may be found at this link.
RULE SUMMARY FOR OAR 165-010-0005: The changes to this rule and the associated manual implement HB 4019 (2024).
NEED FOR TEMPORARY RULE OAR 165-010-0005: This temporary rule implements legislative mandates found in HB 4019 (2024). New requirements will be in effect for the general election, November 5, 2024. Further, the updates to the manual set forth updated statutory deadlines and clarify processes with which candidates are required to comply.
JUSTIFICATION FOR TEMPORARY RULE 165-010-0005: The changes in HB 4019 (2024) are in effect for the general election, November 5, 2024. The Secretary of State finds that the failure to quickly implement clarifying rules will result in serious prejudice to the public interest. This rule strengthens security measures and ensures timely delivery of original documents to authorized officials of United States.
OAR 165-010-0005 DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at Congress.gov, oregonlegislature.gov or from the Elections Division.
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