(1) A military or overseas elector described in ORS § 253.510 may cast a ballot using a facsimile machine or by electronic mail as provided in this section. Notwithstanding ORS § 254.470 (10), a ballot cast under this section shall be counted only if the ballot:

(a) Is received in the office of the county clerk not later than 8 p.m. on the day of the election;

(b) Is accompanied by a return identification envelope containing the signature of the elector and a signed waiver described in subsection (2) of this section; and

(c) The signature is verified as provided in subsection (4) of this section.

(2) Each elector who casts a ballot under this section shall complete and submit a waiver described in this subsection. The elector shall attest to the information supplied on the waiver by signing the completed waiver. The Secretary of State by rule shall design the form of the waiver, which shall include all of the following:

(a) Space for the elector to provide the elector’s full name, residence or mailing address, an electronic mail address, phone or facsimile number where the elector may be contacted and any other necessary information.

(b) A waiver in substantially the following form:

______________________________________________________________________________

I, _____________, acknowledge that by casting my voted ballot using a facsimile machine or by electronic mail I have waived my right to a secret ballot.

______________________________________________________________________________

(c) A statement to notify the elector that the elector’s ballot will not be counted unless the elector has complied with the provisions of this section.

(d) Space for the elector to provide the elector’s signature to attest to the information supplied.

(3)(a) If a ballot is cast under this section using a facsimile machine, the return identification envelope and waiver shall also be submitted using a facsimile machine.

(b) If a ballot is cast under this section by electronic mail, the return identification envelope and waiver shall also be submitted by electronic mail.

(4) The county clerk shall verify the signature of each elector on the return identification envelope transmitted by facsimile machine or electronic mail under this section with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State. Rules adopted by the secretary under this subsection must limit personnel authorized to verify signatures to the personnel authorized to count ballots under ORS § 254.476.

(5) The Secretary of State shall adopt rules to administer this section and to ensure the secrecy of ballots cast using a facsimile machine or by electronic mail to the greatest extent possible. [2009 c.619 § 2; 2010 c.9 § 5; 2011 c.294 § 1; 2013 c.520 § 15; 2015 c.169 § 2; 2021 c.551 § 11; 2023 c.266 § 3]