71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 509
House Joint Resolution 15
Sponsored by Representative KROPF (at the request of Dr. Leslie
Pullen)
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.
Proposes amendment to Oregon Constitution to change number of
votes person needs to be elected to legislative office and
certain statewide offices from plurality to majority.
Refers proposed amendment to people for their approval or
rejection at next regular general election.
JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. Section 16, Article II, sections 4 and 5, Article
V, and section 1, Article XV of the Constitution of the State of
Oregon, are amended to read:
{ + Sec. 16. + } { - In - } { + (1) Except as provided in
section 5, Article V of this Constitution, and subsection (2) of
this section, in + }all elections authorized by this
constitution until otherwise provided by law, the person or
persons receiving the highest number of votes shall be declared
elected, but provision may be made by law for elections by equal
proportional representation of all the voters for every office
which is filled by the election of two or more persons whose
official duties, rights and powers are equal and concurrent.
Every qualified elector resident in { - his - } { + the
elector's + } precinct and registered as may be required by law
{ - , - } may vote for one person under the title for each
office. Provision may be made by law for the voter's direct or
indirect expression of
{ - his - } first, second or additional choices among the
candidates for any office. For an office which is filled by the
election of one person it may be required by law that the person
elected shall be the final choice of a majority of the electors
voting for candidates for that office. These principles may be
applied by law to nominations by political parties and
organizations.
{ + (2) In an election for the office of Secretary of State,
Treasurer of State, state Senator or state Representative, any
other state office where nominations by political parties are
permitted by law or any other office as provided by law, the
candidate who receives a majority of the votes cast is elected.
If no person receives a majority of the votes cast for the
office, a runoff election shall be held as prescribed by law
between the persons receiving the highest and second highest
number of votes. The person receiving the highest number of
votes in the runoff election is elected. The date of the runoff
election shall be determined as provided by law.
Sec. 4. + } { - The - } { + Except when a runoff election
is required under section 5 of this Article because no person
received a majority of the votes cast for Governor, the
+ }Governor shall be elected by the qualified Electors of the
State at the { - times, and places of choosing members of the
Legislative Assembly; and the - } { + appropriate regular
general election. The + }returns of every Election for Governor
{ - , - } shall be sealed up { - , - } and transmitted to the
Secretary of State { + . + } { - ; - } { + The Secretary of
State shall determine whether a person has received a majority of
the votes cast for Governor. If, after any election, the
Secretary of State determines that a person has received a
majority of the votes cast for Governor, the returns of the
election shall be + } directed to the Speaker of the House of
Representatives, who shall open { - , - } and publish them in
the presence of both houses of the Legislative Assembly. { -
- - }
{ + Sec. 5. + } The person { - having the highest number of
votes - } { + who receives a majority of the votes cast + }for
Governor { - , - } shall be elected; but in case two or more
persons shall have an equal and the highest number of votes for
Governor, the two houses of the Legislative Assembly at the next
regular session thereof, shall forthwith by joint vote, proceed
to elect one of the said persons Governor. { - - - }
{ + Except where two or more persons shall have an equal and the
highest number of votes for Governor, if no person receives a
majority of the votes cast for Governor, a runoff election shall
be held as prescribed by law between the persons receiving the
highest and second highest number of votes. The person receiving
the highest number of votes in the runoff election is elected.
The date of the runoff election shall be determined as provided
by law.
Sec. 1. + } (1) All officers, except members of the Legislative
Assembly and incumbents who seek reelection and are defeated,
shall hold their offices until their successors are elected, and
qualified.
(2) If an incumbent seeks reelection and is defeated,
{ - he - } { + the incumbent + } shall hold office only until
the end of { - his - } { + the incumbent's + } term; and if
an election contest is pending in the courts regarding that
office when the term of such an incumbent ends and a successor to
the office has not been elected or if elected, has not qualified
because of such election contest, the person appointed to fill
the vacancy thus created shall serve only until the contest and
any appeal is finally determined notwithstanding any other
provision of this constitution.
{ + (3) Notwithstanding subsections (1) and (2) of this
section, an incumbent who seeks reelection and is defeated shall
hold office until a successor is elected and qualified if a
successor is not yet elected because a runoff election is
required to be held under section 16, Article II, or sections 4
and 5, Article V of this Constitution. + }
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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