247.563 Notice
to elector whose registration appears invalid; contents; effect of notice;
exceptions. (1)
Except as provided in subsection (4) of this section and ORS 247.555, whenever
it appears to the county clerk that an elector needs to update the elector’s
registration or that the elector has changed residence address to another
county, the county clerk shall mail a notice to the elector.
(2) The notice
shall be sent by forwardable mail and shall include a postage prepaid,
preaddressed return card on which the elector may state the elector’s current
residence and mailing address. The notice shall advise the elector that:
(a) The elector
should return the card promptly;
(b) If the card
is not returned by the 21st calendar day immediately preceding an election, the
elector may be required to complete a new registration card in order to vote in
an election; and
(c) The elector’s
registration will be canceled if the elector neither votes nor updates the
registration before two general elections have been held.
(3) When the
county clerk mails a notice under this section, the registration of the elector
shall be considered inactive until the elector updates the registration, the
registration is canceled or the clerk determines that the registration should
be considered active.
(4) This section
does not apply when the county clerk receives written evidence from the elector
or another county clerk indicating a change of residence or mailing address or
from the United States Postal Service indicating a change of residence address
and the registration of the elector is automatically updated by the county
clerk under any provision of this chapter. [1993 c.713 §25; 1999 c.410 §19;
2001 c.965 §45; 2007 c.881 §7]
247.565 [Formerly 247.600; 1981 c.173 §17;
1987 c.719 §§15,16; 1989 c.503 §4; 1993 c.493 §2; repealed by 1993 c.713 §43]
247.567 [1989 c.979 §4; 1993 c.741 §21;
repealed by 1993 c.713 §43]
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2013–2021 · leading case:
Whitehead v. Fagan, 501 P.3d 1027 (Or. 2021).
Whitehead v. Fagan, 501 P.3d 1027 (Or. 2021).
· cites it 6× “A voters’ registration is deemed inactive in cases where (1) the county clerk receives information suggesting that the voter needs to update their registration or has changed their address to another county, ORS 247.563, (2) the voter has not voted or updated their registration…”
Whitehead v. Clarno, 480 P.3d 974 (Or. Ct. App. 2020).
· cites it 6× “The registration will be canceled if the elector “neither votes nor updates the registration before two gen- eral elections have been held.”
Buehler v. Rosenblum, 311 P.3d 882 (Or. 2013).
“013; ORS 247.563 (so providing). By contrast, section 12 of Initiative Petition 11 provides that an inactive registered voter’s signature on a petition “immediately” re-activates the voter’s registration and that “the voter’s signature shall be counted on that petition.”
— Or. Rev. Stat. § 247.563(1) — 1 case
Whitehead v. Fagan, 501 P.3d 1027 (Or. 2021).
“A voters’ registration is deemed inactive in cases where (1) the county clerk receives information suggesting that the voter needs to update their registration or has changed their address to another county, ORS 247.563, (2) the voter has not voted or updated their registration…”
— Or. Rev. Stat. § 247.563(2)(c) — 1 case
Whitehead v. Clarno, 480 P.3d 974 (Or. Ct. App. 2020).
“The registration will be canceled if the elector “neither votes nor updates the registration before two gen- eral elections have been held.”
— Or. Rev. Stat. § 247.563(3) — 2 cases
Whitehead v. Clarno, 480 P.3d 974 (Or. Ct. App. 2020).
“The registration will be canceled if the elector “neither votes nor updates the registration before two gen- eral elections have been held.”
Whitehead v. Fagan, 501 P.3d 1027 (Or. 2021).
“A voters’ registration is deemed inactive in cases where (1) the county clerk receives information suggesting that the voter needs to update their registration or has changed their address to another county, ORS 247.563, (2) the voter has not voted or updated their registration…”
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