74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 3270
 
LC 1628/HB 3270-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3270
 
           By COMMITTEE ON ELECTIONS, ETHICS AND RULES
 
                             June 5
 
  On page 1 of the printed bill, line 4, delete 'Sections 2 and
3' and insert 'Section 2' and delete 'are' and insert ' is'.
  Delete lines 6 through 26 and delete pages 2 and 3 and insert:
  '  { +  SECTION 2. + }  { + (1) At each general election, the
county clerk shall conduct a hand count of ballots as described
in this section and compare the tally of votes for those ballots
produced by a vote tally system with the tally of votes for those
ballots produced by the hand count.
  ' (2)(a) In the event that the unofficial tally of ballots
produced by a vote tally system reveals that the margin of
victory between the two candidates receiving the largest number
of votes in the county is less than one percent of the total
votes cast in that election in the county, the county clerk shall
conduct a hand count of ballots in at least 10 percent of all
precincts or of ballots in at least 10 percent of all batches of
ballots collected by the county clerk.
  ' (b) In the event that the unofficial tally of ballots reveals
that the margin of victory between the two candidates receiving
the largest number of votes in the county is greater than or
equal to one percent but less than two percent of the total votes
cast in the county, the county clerk shall conduct a hand count
of ballots in at least five percent of all precincts or of
ballots in at least five percent of all batches of ballots
collected by the county clerk.
  ' (c) In the event that the unofficial tally of ballots reveals
that the margin of victory between the two candidates receiving
the largest number of votes in the county is greater than or
equal to two percent of the total votes cast in the county, the
county clerk shall conduct a hand count of ballots in at least
three percent of all precincts or of ballots in at least three
percent of all batches of ballots collected by the county clerk.
  ' (3) The Secretary of State shall select the precincts at
random. At the general election, no fewer than 150 ballots must
have been cast in at least one of the precincts selected. The
county clerk shall conduct a hand count of ballots cast in the
election contest between the two candidates receiving the largest
number of votes in the county, an election contest for a state
office and, if possible, an election contest for a state measure.
  ' (4) Not later than the day after the date of the general
election, the Secretary of State shall advise county clerks in
writing of:
  ' (a) The election contests for which ballots are to be hand
counted; and
  ' (b) The precincts in which ballots are to be hand counted.
  ' (5) A county clerk shall begin the hand counts prescribed by
this section not later than the 20th day after the election and
complete the hand counts not later than the 30th day after the
election. The results of the hand counts shall be provided to the
Secretary of State, who shall make the results publicly available
on the Secretary of State's website.
  ' (6) The county clerk shall conduct the hand counts required
by this section in the manner provided in ORS 258.200 and
258.211.
  ' (7) A comparison of the tally of votes produced by a vote
tally system with the tally of votes produced by the hand count
required by this section must show that the tally of votes
produced by the vote tally system differs by no more than
one-half of one percent from the tally of votes produced by the
hand count.
  ' (8)(a) If a hand count conducted under this section results
in a tally of votes for a candidate or measure that is different
from the tally of votes produced by the vote tally system for
that candidate or measure, and the difference for each race is
equal to or less than one-half of one percent, the tally of votes
produced by the vote tally system is the official tally of votes
for that vote tally system.
  ' (b) If a hand count conducted under this section results in a
tally of votes for a candidate or measure that is different from
the tally of votes produced by the vote tally system for that
candidate or measure, and the difference in any race is greater
than one-half of one percent, the county clerk shall conduct a
second hand count of the same ballots.
  ' (c) If the second hand count conducted under this subsection
results in a tally of votes for a candidate or measure that is
different from the tally of votes produced by the vote tally
system for that candidate or measure, and the difference for each
race is equal to or less than one-half of one percent, the tally
of votes produced by the vote tally system is the official tally
of votes for that vote tally system.
  ' (d) If the second hand count conducted under this subsection
results in a tally of votes for a candidate or measure that is
different from the tally of votes produced by the vote tally
system for that candidate or measure, and the difference in any
race is greater than one-half of one percent, the county clerk
shall conduct a hand count of all ballots counted by that vote
tally system. The hand count is the official tally of votes for
that vote tally system. If the hand count is the official tally
of votes, not later than the 30th day after the election, the
county clerk shall certify amended abstracts of votes to
appropriate elections officials.
  ' (9) For purposes of conducting the hand counts required under
this section, the county clerk shall:
  ' (a) Retain custody of the ballots; and
  ' (b) Provide for security for the ballots and the information
required to be collected under this subsection.
  ' (10) Subsections (1) to (9) of this section do not apply if
federal law requires a post-election hand count of ballots at the
general election to verify election results and the Secretary of
State determines that the requirements of federal law are at
least as stringent as the requirements of subsections (1) to (9)
of this section. + } ' .
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