This article has been updated as of 10/14/2021 at 3:09 PM
While it is now beyond the date to register to vote in the November election we wanted to provide this updated information regarding our previous post on this topic. Our previous discussion of residency related to elections unintentionally left room for misinterpretation. The article has been modified to place a more accurate qualifier as it pertains to residency and Oregon elections laws so that those who may refer to this article in the future will receive the most accurate information. The modified post is as follows.
If this is an issue that concerns you the Devils Lake Neighborhood Association encourages you to place your mark on the November 2nd ballot whether for or against. If you are currently registered to vote in Lincoln County you will receive a ballot in the mail. If you are registered to vote in another location and are a part-time resident of Lincoln County it is legal in Oregon for you to change your registration to vote in this election. To be clear simply owning property in the county does not establish residency. The term "part-time resident" is not used in Oregon Statues pertaining to elections but the concept is generally interpreted as a primary or secondary residence that a person lives in part of the year and considers it their primary residence during that period when they are living there. The Oregon Secretary of State provides the following language related to residency in their Election Law Summary.
ORS 247.035; Rules to Consider in Determining Residence of Person for Voting Purposes
ORS 247.035 (1) sets out several rules an elections official must consider, to the extent they are applicable, when determining the residence and qualifications of a person offering to register or vote. ORS 247.035 (3) sets out a set of factors an elections official may consider when making a determination of residency for voter registration purposes. An elections official may consider, but is not limited to considering, the following factors in determining residency of a person for voter registration purposes:
(a) Where the person receives personal mail;
(b) Where the person is licensed to drive;
(c) Where the person registers motor vehicles for personal use;
(d) Where any immediate family members of the person reside;
(e) The address from which the person pays for utility services; and
(f) The address from which the person files any federal or state income tax returns.
Voter registration standards must allow for registration of persons in situations such as the homeless, college students who are living at college, “snow-birds,” military personnel, persons employed temporarily out of state or country but who may not at the time have any physical residence in Oregon but intend to return to Oregon, etc. In determining the eligibility of a voter, the election official must consider the intent of the voter. See ORS 247.195 below, which provides that the county clerk, at any time, may inquire into the validity of the registration of any voter. ORS 247.195;
ORS 247.195 Inquiry into Validity of Registration
This statute provides that the county elections official, at any time, may inquire into the validity of the registration of any person. If the county elections official considers an inquiry warranted, the official mails a written statement to the person that describes the nature of the inquiry and provides a suitable form for reply. Upon receipt of the person’s response, the county elections official must determine whether the information satisfies the inquiry.
The voter registration deadline for the November election has passed it was October 12, 2021. You can accomplish an original registration or a change to your voter registration online at the following link. Register to Vote Online