 Notice of Proposed Rulemaking
OAR 165-010-0005, 165-025-0100, 165-025-0110, 165-025-0120, 165-025-0130
Short Summary
The Elections Division hereby provides notice of administrative rulemaking activity for proposed changes to OAR 165-010-0005, 165-025-0100, 165-025-0110, 165-025-0120 and 165-025-0130.The Division scheduled a public hearing and is accepting comments. More information can be found below and on our website.
Public Hearing and Comments
A public hearing for these rules will be held virtually via Microsoft Teams. The hearing will take place on December 12, 2024 from 2:00 to 3:00 p.m. Visit our website for more information.
Public comments may be sent to the Elections Division until December 13 at 5:00 p.m.
OAR 165-010-0005
DESIGNATING THE CANDIDATE'S MANUAL, MINOR POLITICAL PARTY MANUAL AND FORMS
FILING CAPTION: Incorporates Federal Electoral Count Reform and Presidential Transition Improvement Act changes into statute and rule.
RULE SUMMARY: The changes to this rule and the associated State Candidate’s Manual implement House Bill 4019 (2024), it strengthens security measures and aligns Oregon with the Electoral Count Reform and Presidential Transition Improvement Act of 2022. House Bill 4019 (2024) changes the date of when Oregon Presidential Electors gather in Salem to cast their vote for President and Vice President to the first Tuesday after the second Wednesday in December.
CHANGES TO RULE: The proposed changes to OAR 165-010-0005 can be found at the State Archives division's website and the Elections Division's website.
NEED FOR RULE: Federal law prescribes general processes that states must follow to designate members of the Electoral College, who select a president and vice president every four years. In 2022, the federal government passed the Electoral Count Reform and Presidential Transition Improvement Act, or ECRA, to clarify the processes for counting electoral votes and to strengthen security features. This bipartisan legislation updated the Electoral Count Act of 1887, which had not been substantially changed since its enactment. This rule implements legislative mandates found in HB 4019 (2024) to incorporate ECRA changes.
DOCUMENTS RELIED UPON: HB 4019 (2024) available online at oregonlegislature.gov or from the Elections Division.
OAR 165-025-0100
CANDIDATES FOR PRESIDENTIAL ELECTOR
FILING CAPTION: Defines terms and requirements for Presidential Elector.
RULE SUMMARY: 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.
CHANGES TO RULE: The proposed changes to OAR 165-025-0100 can be found at the State Archives division's website and the Elections Division's website.
NEED FOR RULE: Federal law prescribes general processes that states must follow to designate members of the Electoral College, who select a president and vice president every four years. In 2022, the federal government passed the Electoral Count Reform and Presidential Transition Improvement Act, or ECRA, to clarify the processes for counting electoral votes and to strengthen security features. This bipartisan legislation updated the Electoral Count Act of 1887, which had not been substantially changed since its enactment. This rule implements legislative mandates found in HB 4019 (2024) to incorporate ECRA changes.
DOCUMENTS RELIED UPON: HB 4019 (2024) available online at oregonlegislature.gov or from the Elections Division.
OAR 165-025-0110
CERTIFICATES OF ASCERTAINMENT
FILING CAPTION: Defines requirements for Certificates of Ascertainment of Electoral College.
RULE SUMMARY: 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.
CHANGES TO RULE: The proposed changes to OAR 165-025-0110 can be found at the State Archives division's website and the Elections Division's website.
NEED FOR RULE: Federal law prescribes general processes that states must follow to designate members of the Electoral College, who select a president and vice president every four years. In 2022, the federal government passed the Electoral Count Reform and Presidential Transition Improvement Act, or ECRA, to clarify the processes for counting electoral votes and to strengthen security features. This bipartisan legislation updated the Electoral Count Act of 1887, which had not been substantially changed since its enactment. This rule implements legislative mandates found in HB 4019 (2024) to incorporate ECRA changes.
DOCUMENTS RELIED UPON: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at Oregonlegislature.gov or from the Elections Division.
OAR 165-025-0120
CONVENING OF PRESIDENTIAL ELECTORS
FILING CAPTION: Defines requirements for Convening of Presidential Electors.
RULE SUMMARY: 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.
CHANGES TO RULE: The proposed changes to OAR 165-025-0120 can be found at the State Archives division's website and the Elections Division's website.
NEED FOR RULE: Federal law prescribes general processes that states must follow to designate members of the Electoral College, who select a president and vice president every four years. In 2022, the federal government passed the Electoral Count Reform and Presidential Transition Improvement Act, or ECRA, to clarify the processes for counting electoral votes and to strengthen security features. This bipartisan legislation updated the Electoral Count Act of 1887, which had not been substantially changed since its enactment. This rule implements legislative mandates found in HB 4019 (2024) to incorporate ECRA changes.
DOCUMENTS RELIED UPON: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at oregonlegislature.gov or from the Elections Division.
OAR 165-025-0130
TRANSMISSION OF ORIGINAL DOCUMENTS TO AUTHORIZED OFFICIALS OF THE UNITED STATES
FILING CAPTION: Defines requirements for Transmission of Original Documents to Authorized Officials of the United States.
RULE SUMMARY: 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.
CHANGES TO RULE: The proposed changes to OAR 165-025-0130 can be found at the State Archives division's website and the Elections Division's website.
NEED FOR RULE: Federal law prescribes general processes that states must follow to designate members of the Electoral College, who select a president and vice president every four years. In 2022, the federal government passed the Electoral Count Reform and Presidential Transition Improvement Act, or ECRA, to clarify the processes for counting electoral votes and to strengthen security features. This bipartisan legislation updated the Electoral Count Act of 1887, which had not been substantially changed since its enactment. This rule implements legislative mandates found in HB 4019 (2024) to incorporate ECRA changes.
DOCUMENTS RELIED UPON: HB 4019 (2024), Electoral Count Reform and Presidential Transition Improvement Act of 2022 available online at oregonlegislature.gov or from the Elections Division.
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