71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Joint Resolution 16
Sponsored by COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC
AFFAIRS
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. Section 8, Article IV of the Constitution of the
State of Oregon, is amended to read:
{ + Sec. 8. + } (1) No person shall be a Senator or
Representative who at the time of election is not a citizen of
the United States; nor anyone who has not been for one year next
preceding the election an inhabitant of the district from which
the Senator or Representative may be chosen. However, for
purposes of the general election next following the operative
date of an apportionment under section 6 of this Article, the
person must have been an inhabitant of the district from January
1 of the year following the reapportionment to the date of the
election.
(2) Senators and Representatives shall be at least { - twenty
one - } { + 18 + } years of age.
(3) No person shall be a Senator or Representative who has been
convicted of a felony during:
(a) The term of office of the person as a Senator or
Representative; or
(b) The period beginning on the date of the election at which
the person was elected to the office of Senator or Representative
and ending on the first day of the term of office to which the
person was elected.
(4) No person is eligible to be elected as a Senator or
Representative if that person has been convicted of a felony and
has not completed the sentence received for the conviction prior
to the date that person would take office if elected. As used in
this subsection, 'sentence received for the conviction' includes
a term of imprisonment, any period of probation or post-prison
supervision and payment of a monetary obligation imposed as all
or part of a sentence.
(5) Notwithstanding sections 11 and 15, Article IV of this
Constitution:
(a) The office of a Senator or Representative convicted of a
felony during the term to which the Senator or Representative was
elected or appointed shall become vacant on the date the Senator
or Representative is convicted.
(b) A person elected to the office of Senator or Representative
and convicted of a felony during the period beginning on the date
of the election and ending on the first day of the term of office
to which the person was elected shall be ineligible to take
office and the office shall become vacant on the first day of the
next term of office.
(6) Subject to subsection (4) of this section, a person who is
ineligible to be a Senator or Representative under subsection (3)
of this section may:
Enrolled House Joint Resolution 16 (HJR 16-INTRO) Page 1
(a) Be a Senator or Representative after the expiration of the
term of office during which the person is ineligible; and
(b) Be a candidate for the office of Senator or Representative
prior to the expiration of the term of office during which the
person is ineligible.
(7) No person shall be a Senator or Representative who at all
times during the term of office of the person as a Senator or
Representative is not an inhabitant of the district from which
the Senator or Representative may be chosen or has been appointed
to represent. A person shall not lose status as an inhabitant of
a district if the person is absent from the district for purposes
of business of the Legislative Assembly. Following the operative
date of an apportionment under section 6 of this Article, until
the expiration of the term of office of the person, a person may
be an inhabitant of any district.
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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Adopted by House May 8, 2001
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Chief Clerk of House
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Speaker of House
Adopted by Senate June 8, 2001
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President of Senate
Enrolled House Joint Resolution 16 (HJR 16-INTRO) Page 2