Or. Admin. Code § 166-150-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-150-0035 - County Clerk - Elections

(1) Absentee Ballot Requests: Used to enter a citizen's request for a ballot to be sent to them for the purpose of voting, or to change their current status as an absentee voter. Information includes voter name, address of residence, and mailing address. (Minimum retention: 1 year)

(2) Abstract of Votes (Record of Elections): Documents election results for General, Primary, Emergency, Recall, and Special Elections. Information includes candidate name/ballot title, precinct name, total votes per candidate/ballot title, total per precinct, under/over votes, and certification by County Clerk or election official. (Minimum retention: Permanent)

(3) Ballots: Documents ballots of voters who voted in Primary, General, Emergency, Recall, District, and Special elections. (SEE Vote by Mail Records)

(4) Contribution and Expenditure Reports: Documents contributions and expenditures by candidates or political action committees. Includes statement of organization, amount, source, and detail of contributions and expenditures. May also include receipts for expenditures. The Secretary of State Elections Division maintains the statewide record copy of Statements of Organization. (Minimum retention:

(a) Statements of Organization: 6 years

(b) All other records: 4 years after the date required to file update reports)

(5) Election Filings (Candidates and Referrals): Documents all necessary papers required to be filed by a candidate or governing body for primary, general, emergency, and special elections. May include petition of nomination, declaration of candidacy, certification of nomination, certificate of election, notice of measure election, and withdrawal of candidates. (Minimum retention: 4 years)

(6) Election Preparation Records: Used to prepare and administer elections. Records may include such information as number of ballots and ballot styles for each precinct, listing of measures and candidates by precinct, ballot layout records, and public certification test records. May also include documents on reconciliation. (SEE Vote by Mail Records)

(7) Election Security Plan: Records document the clerk's compliance with ORS 254.074 in which they clearly outline, in writing, the county's procedures for ensuring a secure elections process. Information in the plan includes but is not limited to a written security agreement entered into with any vendor handling ballots; security procedures for transporting ballots; security procedures at official places of deposit for ballots; security procedures for processing ballots; security procedures governing election observers; security procedures for ballots located in county elections work areas, buildings and storage areas; security procedures for vote tally systems, including computer access to vote tally systems; and postelection ballot security. These plans are required to be filed with the Secretary of State by the January 31 in each calendar year or one business day after any revision is made to the county elections security plan. (Minimum retention: 5 years)

(8) Help America Vote Act Identification Records: Records are used to verify the identity of a person registering to vote exists and their residence in the county they are attempting to register to vote in. Records include but are not limited to current and valid photo identification containing voter name and address, or a current copy of a utility bill, bank statement, government check, paycheck, or other government document that shows their name and address. The address listed must match the residence or mailing address submitted on their voter registration card. (Minimum retention: Retain until verified by county elections official)

(9) Initiative, Referendum, and Recall Records: Documents the initiative, referendum, and recall process by which voters propose laws and amendments to the State Constitution, refer an act of the Legislature or other governing body to a vote of the electorate, or recall a public official. Includes petitions, signature sheets, summaries of signature verification, text of proposed law, amendment, or response from public official. (Minimum retention:

(a) Initiative & Referendum Signature Sheets: 6 years after election if measure is approved, as defined by ORS 250.235 & 255.205;

(b) Recall Signature Sheets: 4 years after election if measure is approved;

(c) Signature sheets if measure is not approved: 90 days after election or 90 days after deadline for sufficient signatures;

(d) Initiative & Referendum Copy of Measure: Permanent, if measure is approved; and

(e) All other records: 4 years)

(10) Legal Notices and Publications: Documents required pre-election legal notices by the County Clerk. May include publication of ballot title and notice of election. (Minimum retention: 4 years)

(11) Poll Books: Records issuance of ballot to eligible voter in an election. Includes name of elector, party affiliation, home address, ballot number, precinct number, and signature of voter. NOTE: Vote by Mail replaced poll elections in 2000. (Minimum retention:

(a) Records created prior to 1931: Permanent;

(b) All other records: 2 years)

(12) Registration List Authorizations: Documents the request and authorization for transmittal of voter registration information to citizens. Record consists of request and authorization for list of electors for a particular political boundary. (Minimum retention: 2 years)

(13) Secretary of State Reports: Documents required reports to the Office of the Secretary of State summarizing election registration, participation, and costs. May include Special District Election Report, Election Equipment Amortization Worksheet, Average Ballots Cast Worksheet, Allocated Cost Worksheet, and Local Elections Billing Worksheet. (Minimum retention: 2 years)

(14) Vote by Mail Records: Records are used to prepare, administer and abstract elections conducted by mail. Records include counted, duplicated, rejected, and defective ballots; returned signed, non-deliverable, and secrecy envelopes; and other documents used to prepare, administer and abstract elections conducted by mail. (Minimum retention:

(a) Retain counted, duplicated, rejected, and defective ballots 2 years after elections containing federal candidates;

(b) Retain counted, duplicated, rejected, and defective ballots 90 days after the last day to contest the election for all other elections not containing federal candidates;

(c) Retain unused ballots 45 days after the election regardless of federal/nonfederal candidates;

(d) Retain returned signed envelopes 2 years after the election regardless of federal/nonfederal candidates;

(e) Retain secrecy and non-deliverable envelopes 60 days after the last day to contest the election for all elections regardless of federal/nonfederal candidates; and

(f) Retain all other records used to prepare, administer and abstract elections conducted by mail 2 years after the election to which they relate)

(15) Voter Registration Records: Documents the registration or cancellation of registration of eligible voters or the cancellation of confidential voter status. Voter Registration Cards include the following information: name, signature, mailing and residence address, previous registration information, if ever registered in Oregon, date of birth, affirmation of citizenship, state residency, and political party. May also include records canceling or making inactive voter registration such as the notice of deceased list from Secretary of State, notice of change of address from Department of Motor Vehicles, U.S. Postal Service notice, and related correspondence (ORS 247.580). (Minimum retention:

(a) Voter Registration Cards and all other records scanned into Oregon Centralized Voter Registration (OCVR): Destroy after entered into Oregon Centralized Voter Registration system;

(b) All other records: 2 years)

(16) Voters Pamphlet Records: Documents the compilation, publication, and distribution of the County Voters' Pamphlet for primary, general, and statewide special elections. The County Voters' Pamphlet contains candidate statements, candidate photographs, ballot measure arguments, explanatory statements of ballot measures, and other information to assist voters. (Minimum retention:

(a) Retain 1 copy permanently;

(b) Retain pamphlet preparation records: 4 years after election)

Or. Admin. Code § 166-150-0035

OSA 4-2004, f. & cert. ef. 9-1-04; OSA 10-2009, f. & cert. ef. 12-23-09; OSA 3-2012, f. & cert. ef. 10-29-12; OSA 1-2014, f. & cert. ef. 2-25-14

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895