OAR 165-010-0012: Candidate and Public Office Holder Residence Address Exemption

(1) This rule establishes uniform procedures for candidates and public office holders to request exemption of their residence address from publicly accessible versions of a nominating petition, declaration of candidacy, certificates of nomination, and lists of electors pursuant to ORS 249.021. This rule also defines the responsibilities of elections filing officers in processing exemption requests. (2) Definitions: (a) “Appropriate filing officer” means: (A) For a candidate for state office, the Secretary of State, Elections Division; (B) For a candidate for county office, the County Clerk; (C) For a candidate for a city office, the City Clerk, Auditor, or Recorder; (D) For a candidate for a special district office, the County Clerk of the county where the district’s administrative office is located; (E) For a candidate for a Soil and Water Conservation District (SWCD) office, the Oregon Department of Agriculture (ODA). (b) “Candidate” means an individual whose name is printed or expected to be printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office. (c) “Filing officer” means the Secretary of State, Elections Division, pursuant to ORS 260.005. (d) “List of electors” means a list prepared and delivered under ORS 247.940 or ORS 247.945. (e) “Public office holder” means a person elected to public office and currently serving in that office. (f) “Publicly accessible document” means any nominating petition, declaration of candidacy, certificate of nomination, or list of electors that may be viewed, copied, or publicly posted, or otherwise distributed proactively without having first received a public records request. (3) A candidate or public office holder wishing to exempt their residence address from publicly accessible documents pursuant to ORS 249.021 must submit form SEL 180 Residence Address Exemption Request, and provide: (a) an alternative mailing address for use in election records and lists of electors; (b) the county in which they are registered to vote. (4) Upon receipt of form SEL 180: (a) The Secretary of State, as the filing officer pursuant to ORS 249.021(5), must: (A) Confirm that an alternative mailing address that is different than the residence address is provided. If an alternative mailing address is not provided, the Elections Division will contact the candidate or public office holder to inform them that the form is insufficient, and the exemption cannot be applied until a sufficient SEL 180 form is received. (B) Forward the sufficient and completed SEL 180 form to the county clerk and the appropriate filing officer, unless the appropriate filing officer is the Secretary of State, in which case the form shall only be forwarded to the county clerk. (b) The appropriate filing officer , pursuant to ORS 249.021(1)(b) and (2)(b), must : (A) Redact the candidate or public office holder’s residence address from publicly accessible documents. (B) Remove redactions on publicly accessible documents upon receiving a written request from the candidate or public office holder, or when the exemption expires pursuant to the provisions of ORS 249.021. (C) Notify the Secretary of State and the county clerk of the county in which the candidate or public office holder is registered to vote when an exemption expires, unless the appropriate filing officer is one and the same, in which case no separate notice is required. (D) Make reasonable efforts to notify the candidate or public office holder of the expiration when an exemption expires pursuant to the provisions of ORS 249.021. (c) T he county clerk, pursuant to ORS 249.021(1)(b) and (2)(b), must apply and maintain the following changes to the candidate or public office holder’s voter registration record: (A) Add the alternative mailing address to the voter registration record. (B) Mark the voter registration record confidential. (C) Enter the following notation in the record: “Record Flagged Confidential under SEL 180”. (D) Remove confidential indicators from the voter registration record upon receiving a written request from the candidate or public office holder, or upon receiving written notice that the exemption has expired under ORS 249.021. (5) If the SEL 180 form is received by paper, the receiving filing officer must: (a) Confirm that an alternative mailing address that is different than the residence address is provided. If an alternative mailing address is not provided, contact the candidate or public office holder to inform them that the form is insufficient and the exemption cannot be applied until a sufficient SEL 180 form is received. (b) Scan and email an unredacted copy of the completed SEL 180 to the Secretary of State, Elections Division and county clerk for the county in which the candidate or public office holder is registered to vote based on the information provided on the form. (c) Provide an Acknowledgement Receipt. The language to be included in the Acknowledgement Receipt is included in this rule as an attachment. (d) Redact the candidate or public office holder’s residence address from publicly accessible documents. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]