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Oregon Proof of Citizenship to Vote Initiative (2018)

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Oregon
Proof of Citizenship to Vote Initiative
Flag of Oregon.png
Election date
November 6, 2018
Topic
Suffrage
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The Oregon Proof of Citizenship to Vote Initiative was not on the ballot in Oregon as an initiated constitutional amendment on November 6, 2018.

The measure would have required proof of United States citizenship to register to vote in Oregon. The following documents would fulfill the proof of citizenship requirement: United States passport, Certificate of Naturalization, birth certificate issued by the government, official military record of service record, document attesting to citizenship issued by a federally-recognized Native American tribe, an American Indian card with KIC classification, confirmation of birth by the Oregon Center for Health Statistics, or an extract from the United States hospital record of birth.[1]

Text of measure

Ballot title

The certified ballot title was:[2]

Amends Constitution: All current voter registrations expire in 2020; registration requires “provid[ing]” citizenship documents/otherwise proving citizenship

Result of “Yes” Vote: “Yes” vote results in expiration of all current voter registrations in two years. To register, voter must “provide” specified citizenship documents, otherwise verify/prove citizenship.

Result of “No” Vote: “No” vote continues the current system allowing in-person, online, mailed voter registration for all elections with attestation of citizenship. Voter registrations do not expire.[3]

Ballot summary

The certified ballot summary was:[2]

Current voter registration expires two years after proposed measure passes; to vote, all current voters must re-register. Proposed measure provides no funding, sets no deadline for county clerks to complete registrations. Under current law, voters may register by submitting registration card online/by mail/in person; voter must attest United States citizenship. Felony criminal penalties for providing false attestation. Driver and Motor Vehicle Division (DMV) submits information received from individuals to Secretary of State; if DMV information documents citizenship, individuals are registered to vote unless they opt out. Proposed measure requires applicant to “provide” specified documents proving citizenship. If specified documents are unavailable, state must request verification by federal Immigration and Naturalization Service. Secretary of State holds hearing on request if no federal response received.[3]

Constitutional changes

See also: Article II, Oregon Constitution

The proposed amendment would have added the following text to Section 2 of Article II of the Oregon Constitution:[4]

Note: Hover over the text and scroll to see the full text.

Proof of qualifications of electors.

(a) Proof of United States citizenship shall be required to register to vote in all elections in the State of Oregon.

(b) Proof shall consist only of the prospective voter providing the state or county registration authority, or such authority obtaining, one or more of the following documents or records pertaining to the prospective voter:

(i) United States passport;
(ii) Certificate of Naturalization issued by the United States Department of Homeland Security;
(iii) Certification of Report of Birth of a Citizen of the United States of America issued by the United States Department of State (Form DS-1350 or successor);
(iv) Original or certified copy of a birth certificate issued by a state, county, municipal authority, commonwealth, territory or outlying possession of the United States bearing an official seal; American tribe;
(v) A document attesting United States citizenship issued by a federally-recognized Native
(vi) Confirmation of birth in the State of Oregon by the Oregon Center for Health Statistics;
(vii) An American Indian card, with KIC classification, issued by the United States Department of Homeland Security;
(viii) A final adoption decree showing United States birthplace;
(ix) An official United States military record of service showing United States birthplace;
(x) An extract from a United States hospital record of birth created at or near the time of the prospective voter's birth showing United States birthplace; or
(xi) if the prospective voter makes application to the Secretary of State, certifying a lack of any of the above documents under penalty of perjury, the Secretary shall make inquiry to the United States Immigration and Naturalization Service to verify the applicant's citizenship status, which verification or denial shall be controlling; if the Secretary obtains no response to the inquiry, the applicant may offer other evidence or documentation related to United States citizenship, and if the Secretary finds after a contested case hearing that such evidence is at least as reliable as the above documentation, the Secretary may declare the applicant qualified to vote.

(c) All existing registrations to vote in Oregon elections shall expire two years after enactment of this section, unless renewed in compliance with the proof of United States citizenship requirements of this section.

(d) The State of Oregon shall provide free of charge, to any Oregon resident who was born in the State of Oregon and who signs a declaration under penalty of perjury that he or she has lost his or her birth certificate and he or she does not possess any of the other documents listed in Section (b)(i)-(x), a replacement certified birth certificate for the purpose of qualifying to vote.[3]

Full text

The full text is available here

Sponsors

Arguments

  • Rep. Mike Nearman (R-23), an initiative sponsor, said, "I’ve heard rumors of what went on in House District 22, which is Woodburn and north Salem, that there was heavy recruiting and voter registration drives among populations of Latinos that are likely to have a lot of illegal aliens. I don’t have my doubts that it is going on at least at some level."[5]

Path to the ballot

See also: Laws governing the initiative process in Oregon

Rep. Mike Nearman (R-23) and James Buchal filed the proposal with the Oregon secretary of state on August 25, 2016.[2] Oregon requires that 1,000 signatures be provided with the filing. Petitioners submitted 1,640 valid signatures. The state attorney general issued a certified ballot title and summary on December 19, 2016. The measure was approved for circulation on January 17, 2017.

Petitions were required to collect 117,578 valid signatures to get their initiative on the ballot. Signatures for initiatives needed to be submitted four months prior to the election on November 6, 2018, which was July 6, 2018.

Proponents of the measure did not submit signatures before the signature deadline.[6]

See also

External links

Footnotes

  1. Oregon Secretary of State, "Complete Text of Initiative," accessed October 23, 2016
  2. 2.0 2.1 2.2 Oregon Secretary of State, "Initiative 5," accessed October 23, 2016
  3. 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. Oregon Secretary of State, "Complete Text of Initiative," accessed February 3, 2017
  5. The Bulletin, "Oregon measure calls for proof of citizenship to vote," December 5, 2016
  6. Ballotpedia Staff Writer, Telephone communication with Oregon Secretary of State's office, July 9, 2018.