Or. Admin. Code § 165-005-0135

Current through Register Vol. 63, No. 10, October 1, 2024

Section 165-005-0135 - Election Worker Residence Address Disclosure Exemptions

(1) The purpose of this rule is to define when elections officials shall exempt the residence address of an election worker or a member of the election worker's household from disclosure as a public record.

(2) The terms used in this rule shall have the same meaning as defined in ORS Chapters 246 through 260, commonly referred to as "Oregon Election Laws."

(3) The Elections Division shall maintain an electronic process by which an election worker may request that a county elections official not disclose their residence address because they are an election worker as described in section (5) of this rule.

(a) County elections officials shall verify whether an elector who makes requests through the portal is an election worker and may re-verify periodically. County elections officials may at any time remove an elector's residence address exemption who no longer meets the criteria outlined in section (5) of this rule.

(b) County elections officials shall periodically update voter registration records to indicate which electors are verified election workers whose residence addresses are exempt from disclosure and to provide the verified election workers' substitute mailing addresses.

(c) Elections officials may not disclose the residence address of an election worker designated as exempt from disclosure under this subsection (3) except in compliance with a court order, a request by a law enforcement agency, or with the consent of the election worker. County elections officials shall use the substitute address of such election workers for purposes of mailing a ballot to an elector under ORS 254.470.

(4) An exemption from disclosure granted under this rule shall include the residence address on the election worker's voter registration record, on registration lists produced in accordance with ORS 247.940 and 247.945, voter records, and on any other material produced or maintained by elections officials which is available for public inspection that may reveal the election worker's residence address. The election worker's mailing address may be used in place of the exempt residence address.

(5) An elector may demonstrate by attestation that the elector is an election worker identified by the Secretary of State, a county clerk or county elections official, or another public body as defined in ORS 174.109. Such attestation must be sufficient to demonstrate to the satisfaction of the Secretary of State or the county elections official that the elector meets the criteria in this section (5).

(a) For purposes of this rule, an "election worker" is an individual employed full-time, part-time or as a volunteer who is serving the State of Oregon or any other public body, as defined in ORS 174.109, as an elected official, appointed official, employee or agent, and whose official duties include carrying out any duty, function or power set forth in Oregon Election Laws and whose residence address is in Oregon.

(b) Election workers include, but are not limited to, the following:

(A) County clerks;

(B) Employees hired by state, county, or local elections officials to perform any duty, function or power set forth in Oregon Election Laws or assist in such work;

(C) Volunteers appointed by state, county, or local elections officials to perform any duty, function or power set forth in Oregon Election Laws, or to assist in such work;

(D) Employees of vendors under contract with state, county, or local elections officials to perform any duty, function or power set forth in Oregon Election Laws, or to assist in such work, including providing or maintaining voting machines and vote tally systems or printing official ballots;

(E) The Secretary of State;

(F) Employees of the Secretary of State's Election Division and other employees of the Secretary of State who assist in their work; and

(G) Employees of the federal government or employees of vendors under contract with the federal government who administer federal elections laws or otherwise assist state, county, or local officials in performing any duty, function or power set forth in Oregon Election Laws.

(c) The Secretary of State, a county clerk or county elections official, or another public body as defined in ORS 174.109 may identify an elector as an election worker as follows:

(A) by issuing a certificate of election to the elector for the office of Secretary of State or county clerk under ORS 254.545(5) or ORS 254.555(1)(c);

(B) by hiring or appointing the elector to carry out any duty, function or power set forth in Oregon Election Laws;

(C) by contracting with the elector or the elector's employer to carry out any duty, function or power set forth in Oregon Election Laws; or

(D) by administrative rule.

(6) If the election worker updates their voter registration, the election worker may apply for another exemption from disclosure.

(7) An election worker who has requested inclusion on the exemption list may revoke the request in writing to either the county elections official or the Elections Division indicating that the elector is no longer an election worker or that the disclosure no longer constitutes a danger to personal safety. The request must be signed by the person who submitted the original request for nondisclosure of the residence address.

(8) If a county elections official declines to grant an exception application or revokes an application, they must provide in writing the applicant's name and reason for denial to the Election Division. The Elections Division will review the refusal or revocation, and if the Elections Division deems it invalid, will instruct the county to grant or reinstate residence address exemption under this rule.

Or. Admin. Code § 165-005-0135

ELECT 7-2023, temporary adopt filed 02/09/2023, effective 2/11/2023 through 8/9/2023; ELECT 13-2023, adopt filed 08/08/2023, effective 8/9/2023; ELECT 6-2024, temporary amend filed 04/03/2024, effective 4/3/2024 through 9/29/2024; ELECT 11-2024, amend filed 07/09/2024, effective 7/10/2024

Statutory/Other Authority: ORS 247.965, ORS 246.150, ORS 247.969, HB 4144 (2022) & SB 166 (2023)

Statutes/Other Implemented: ORS 247.965, ORS 247.969, ORS 247.967, ORS 192.345, HB 4144 (2022) & SB 166 (2023)