Oregon Public Broadcasting

The secretary of state has decided not to issue a fine to anti-tax activist Mark Nelson over a mock ballot his polling company sent out in advance of the January special election. Ryan Knutson reports.

The law requires surveys that look like real ballots to say in bold and all capital letters, “NOT FOR OFFICIAL USE.”

Nelson’s polling company mailed one that said, in unbolded letters, “THIS IS NOT AN OFFICIAL BALLOT.”

That drew a complaint from the League of Women Voters, who also said the timing of the mock ballot might confuse voters.

Don Hamilton of the state Elections Division said the agency won’t issue a fine to Nelson, but agreed that the mock ballot was sent out too close to the January election.

Don Hamilton: “These imitation ballots could confuse voters and we asked him to refrain from sending those out any more than 45 days before an election.”

Hamilton added that this is the second time in the last ten years that Nelson has sent out a mock ballot with the wrong wording.

The Elections Division warned Nelson that he would be sanctioned if there is a next time.