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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2704
Sponsored by Representative EVANS (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act tells the state to try to find out the last address of persons who are confined
in custody and to use that address to create some voting districts in the state. (Flesch Readability
Score: 68.8).
Directs the Department of Corrections to determine the last-known address of adults in custody,
if the address is readily known or available to the adult in custody, and to submit the information
to the Secretary of State. Directs the secretary to adjust the population data reported in the federal
decennial census to reflect the residence status of adults in custody before incarceration.
Requires the Legislative Assembly or Secretary of State, whichever is applicable, to reapportion
the state into legislative districts based on the adjusted population data. Requires the use of the
adjusted population data to apportion county or municipal boundaries.
A BILL FOR AN ACT
Relating to redistricting.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 and 3 of this 2025 Act are added to and made a part of ORS 188.010
to 188.305.
SECTION 2. (1) As used in this section:
(a) “Adult in custody” means a person committed to the physical and legal custody of the
Department of Corrections.
(b) “Date of the census” means the date for which the federal decennial census reports
population.
(c) “Last-known address” means a residential address, other than a department facility,
at which an adult in custody resided before incarceration.
(2) The Department of Corrections shall by rule adopt an electronic filing system to re-
cord for each adult in custody:
(a) The last-known address of the adult in custody, if the address is readily known or
available to the adult in custody.
(b) The race and ethnicity of the adult in custody.
(c) Whether the adult in custody is over the age of 18 years.
(3) Not later than May 1 of the year of the federal decennial census, the department shall
submit to the Secretary of State:
(a) A unique identifier for each adult in custody who was incarcerated on the date of the
census.
(b) The address of the facility in which the adult in custody was incarcerated on the date
of the census.
(c) All information recorded for each adult in custody under subsection (2) of this sec-
tion.
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3158
HB 2704
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(4) Not later than 14 days after the publication of census redistricting data for this state
by the United States Census Bureau, the Secretary of State shall:
(a) For each adult in custody determined to have a last-known address within this state:
(A) Determine the geographic units for which population counts are reported in the fed-
eral decennial census that contain the address of the facility of incarceration and the last-
known address of the adult in custody;
(B) Adjust all relevant population counts reported in the federal decennial census as if
the adult in custody had resided at the last-known address of the adult in custody on the date
of the census; and
(C) Remove the adult in custody from any population count reported in the federal
decennial census for the geographic units that include the facility of incarceration.
(b) For each adult in custody whose address is not known or not in this state:
(A) Adjust all relevant population counts reported in the federal decennial census as if
the adult in custody had resided at an unknown geographic location within this state on the
date of the census.
(B) Ensure that the adult in custody is not represented in any population count reported
in the federal decennial census for the geographic units that include the facility of
incarceration for the adult in custody on the date of the census.
(5) The Secretary of State may seek the assistance of the United States Census Bureau
in making the adjustments described in subsection (4) of this section.
(6) The adjusted population data prepared by the Secretary of State under this section
shall be the population data used by the Legislative Assembly or the Secretary of State,
whichever is applicable, when apportioning the state into legislative districts. Residents of
unknown geographic locations within this state or at residences not in this state may not
be used to determine the average population of any geographic unit for purposes of appor-
tioning the state into legislative districts.
(7) The Secretary of State shall request that each federal facility of incarceration located
in this state submit the information described in subsection (2) of this section regarding each
person incarcerated in the facility.
(8) The Secretary of State by rule shall prescribe a form to be used to submit information
to the secretary as required by this section.
(9)(a) Except as otherwise provided in this section, any information provided to the Sec-
retary of State under this section is confidential. The name of each adult in custody for
whom information is submitted to the secretary under this section may not be linked to the
information submitted. The name of each adult in custody is confidential and may not be
disclosed, except that the information may be aggregated by geographic unit for the purpose
of apportioning the state into legislative districts as described in this section.
(b) The unique identifier described in subsection (3) of this section may not:
(A) Indicate any identification number otherwise used for the adult in custody; or
(B) Allow any person, other than the Department of Corrections, to associate an address
with an adult in custody.
SECTION 3.
(1) The adjusted population data prepared by the Secretary of State under
section 2 of this 2025 Act shall be the population data used to apportion county or municipal
boundaries. Residents of unknown geographic locations within this state or at residences
not in this state may not be used to determine the average population of any geographic unit
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HB 2704
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for purposes of apportioning county or municipal boundaries.
(2) The adjusted population data prepared by the Secretary of State under section 2 of
this 2025 Act shall be used only when apportioning the state into legislative districts and as
described in subsection (1) of this section, and may not be used for any other purpose.
SECTION 4.
Section 2 of this 2025 Act applies to adults in custody sentenced to the cus-
tody of the department on or after the effective date of this 2025 Act.
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