73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 870
House Joint Resolution 7
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative-elect John
Lim)
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 create elective
office of Lieutenant Governor. Specifies duties of new
office. Places Lieutenant Governor first in line of succession to
become Governor. Specifies procedures for filling vacancy in
office. Requires that first Lieutenant Governor be nominated and
elected for four-year term commencing January 2007.
Refers proposed amendment to people for their approval or
rejection at special election held on date specified in
chapter ___, Oregon Laws 2005 (Enrolled House Bill 2347).
JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating new sections 1a, 5a and 19 to be added to and made a
part of Article V, and by amending sections 1, 2, 3, 4, 5, 6, 7,
8a, 10, 11, 12, 13, 14, 17 and 18, Article V, section 14, Article
II, section 31, Article IV, and section 5, Article VI, such
sections to read:
{ + Sec. 1. + } { + (1) + } The { - cheif - } executive
power of the State { - , shall be - } { + is + } vested in a
Governor { + and a Lieutenant Governor + }, { - who shall hold
his - } { + each of whom may hold + } office for { - the - }
{ + a + } term of four years { - ; and no - } { + . The
Governor is the chief executive of the State.
(2)(a) A + } person { - shall be eligible to such office - }
{ + may not serve as Governor for + } more than { - Eight, - }
{ + eight years + } in any period of twelve years. { - - - }
{ + (b) A person may not serve as Lieutenant Governor for
more than eight years in any period of twelve years. + }
{ + SECTION 1a. + } { + (1) The first Lieutenant Governor
shall be elected in the manner specified in section 4 of this
Article for the four-year term commencing January 2007.
(2) This section is repealed on January 2, 2008. + }
{ + Sec. 2. + } No person except a citizen of the United
States { - , - } shall be eligible to the Office of
Governor { + or Lieutenant Governor + }, nor shall any person be
eligible to { - that - } { + either + } office who shall not
have attained the age of thirty years, and who shall not have
been three years next preceding { - his - } { + the + }
election { + for that office + }, a resident within this State.
The minimum age requirement of this section does not apply to a
person { + other than the Lieutenant Governor + } who succeeds
to the office of Governor under section 8a of this Article.
{ + Sec. 3. + } No member of Congress, or person holding any
office under the United States, or under this State, or under any
other power, shall fill the Office of Governor { + or Lieutenant
Governor + }, except as may be otherwise provided in this
Constitution. { - - - }
{ + Sec. 4. + } { + (1) + } The Governor { + and Lieutenant
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 - }
{ + (2) + } { + The + } returns of every Election for
Governor { - , - } { + and Lieutenant Governor + } shall be
sealed up { - , - } and transmitted to the Secretary of
State { + . + } { - ; directed - } { + The Secretary of State
shall direct the returns + } 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
for Governor { - , - } shall be elected { + . + } { - ; but
in - } { + 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 - } { + those + } persons
Governor. { - - - }
{ + SECTION 5a. + } { + The person having the highest number
of votes for Lieutenant Governor shall be elected. In case two or
more persons shall have an equal and the highest number of votes
for Lieutenant Governor, the two houses of the Legislative
Assembly at the next regular session shall forthwith by joint
vote elect one of those persons Lieutenant Governor. + }
{ + Sec. 6. + } Contested { - Elections - }
{ + elections + } for Governor { + and Lieutenant Governor + }
shall be determined by the Legislative Assembly in { - such - }
{ + a + } manner { - as may be - } prescribed by law. { -
- - }
{ + Sec. 7. + } The official term of the Governor { + and
Lieutenant Governor + } shall { - be four years; and shall - }
commence at { - such - } { + the + } times { - as may
be - } prescribed by this constitution, or prescribed by law.
{ - - - }
{ + Sec. 8a. + } { + (1) + } In case of the removal from
office of the Governor, or of { - his - } { + the
Governor's + } death, resignation { - , - } or disability to
discharge the duties of { - his - } { + the + } office as
prescribed by law, the { - Secretary of State; or if there be
none, or in case of his removal from office, death, resignation,
or disability to discharge the duties of his office as prescribed
by law, then the State Treasurer; or if there be none, or in case
of his removal from office, death, resignation, or disability to
discharge the duties of his office as prescribed by law, then the
President of the Senate; or if there be none, or in case of his
removal from office, death, resignation, or disability to
discharge the duties of his office as prescribed by law, then the
Speaker of the House of Representatives, - } { + state officer
next in line of succession + } shall become Governor until the
disability { - be - } { + is + } removed { - , - } or a
Governor { - be - } { + is + } elected at the next general
biennial election. The Governor elected to fill { - the - }
{ + a + } vacancy shall hold office for the unexpired term of
the outgoing Governor. { + For purposes of this subsection, the
line of succession to become Governor is: first, the Lieutenant
Governor; second, the Secretary of State; third, the State
Treasurer; fourth, the President of the Senate; and fifth, the
Speaker of the House of Representatives.
(2) + } The { + Lieutenant Governor, + } Secretary of State or
{ - the - } State Treasurer { + succeeding to the office of
Governor under subsection (1) of this section + } shall appoint a
person to fill
{ - his - } { + the + } office { + vacated by the
succession + } until the election of a Governor, at which time
the office so filled by appointment shall be filled by election;
or, in the event of a disability of the Governor, to be
{ + Acting Lieutenant Governor, + } Acting Secretary of State or
Acting State Treasurer until the disability { - be - }
{ + is + } removed. The person so appointed shall not be
eligible to succeed to the office of Governor { - by automatic
succession - } under { + subsection (1) of + } this section
during the term of { - his - } { + the person's + }
appointment.
{ + (3) Except as provided in subsection (2) of this section,
a vacancy in the office of Lieutenant Governor shall be filled by
appointment by the Governor until a Lieutenant Governor is
elected at the next general biennial election at which a Governor
is elected. The person so appointed shall not be eligible to
succeed to the office of Governor under subsection (1) of this
section during the term of the person's appointment. + }
{ + Sec. 10. + } { - He - } { + The Governor + } shall
take care that the Laws be faithfully executed. { - - - }
{ + Sec. 11. + } { - He - } { + The Governor + } shall
from time to time give to the Legislative Assembly information
touching the condition of the State, and { - reccommend - }
{ + recommend + } such measures as { - he - } { + the
Governor + } shall judge to be expedient { + . + }
{ + Sec. 12. + } { - He - } { + The Governor + } may on
extraordinary occasions convene the Legislative Assembly by
proclamation { - , - } and shall state to both houses { + , + }
when assembled, the purpose for which they shall have been
convened. { - - - }
{ + Sec. 13. + } { - He - } { + Except when duties are
delegated to the Lieutenant Governor under section 19 of this
Article, the Governor + } shall transact all necessary business
with the officers of government { - , - } and may require
information in writing from the offices of the Administrative
{ - , - } and Military Departments upon any subject relating to
the duties of their respective offices. { - - - }
{ + Sec. 14. + } { - He - } { + The Governor + } shall
have power to grant reprieves, commutations { - , - } and
pardons, after conviction, for all
{ - offences - } { + offenses + } except treason, subject to
such regulations as may be provided by law. Upon { + a + }
conviction for treason { - he - } { + the Governor + } shall
have power to suspend the execution of the sentence until the
case shall be reported to the Legislative Assembly, at its next
meeting, when the Legislative Assembly shall either grant a
pardon, commute the sentence, direct the execution of the
sentence, or grant a { - farther - } { + further + }
reprieve. { - - - }
{ - He - } { + The Governor + } shall have power to remit
fines, and forfeitures, under such regulations as may be
prescribed by law; and shall report to the Legislative Assembly
at its next meeting each case of reprieve, commutation, or pardon
granted, and the reasons for granting the same; and also the
names of all persons in whose favor remission of fines, and
forfeitures shall have been made, and the several amounts
remitted { + . + }
{ + Sec. 17. + } { - He - } { + The Governor + } shall
issue writs of Election to fill such vacancies as may have
{ - occured - } { + occurred + } in the Legislative Assembly.
{ + Sec. 18. + } All commissions shall issue in the name of
the State { - ; - } { + and + } shall be signed by the
{ - Govenor - } { + Governor + }, sealed with the seal of the
State { - , - } and attested by the Secretary of State. { -
- - }
{ + SECTION 19. + } { + The Lieutenant Governor shall:
(1) Serve as the executive director of the unit of state
government that is principally responsible for implementing the
international trade policies of the state; and
(2) Perform any ceremonial duties that the Governor
assigns. + }
{ + Sec. 14. + } The regular general biennial election in
Oregon { - for the year A. D. 1910 and thereafter - } shall be
held on the first Tuesday after the first Monday in November. All
officers { - except the Governor, elected for a six year term
in 1904 or for a four year term in 1906 or for a two year term in
1908 shall continue to hold their respective offices until the
first Monday in January, 1911; and all officers, - } except the
Governor { + and Lieutenant Governor + } elected at any regular
general biennial election { - after the adoption of this
amendment - } shall assume the duties of their respective
offices on the first Monday in January following such election.
{ - All laws pertaining to the nomination of candidates,
registration of voters and all other things incident to the
holding of the regular biennial election shall be enforced and be
effected the same number of days before the first Tuesday after
the first Monday in November that they have heretofore been
before the first Monday in June biennially, except as may
hereafter be provided by law. - }
{ + Sec. 31. + } The members of the Legislative Assembly
shall before they enter on the duties of their respective
offices, take and subscribe the following oath or affirmation
{ - ;-I - } { + : 'I + } do solemnly swear (or affirm as the
case may be) that I will support the Constitution of the United
States, and the Constitution of the State of Oregon, and that I
will faithfully discharge the duties of Senator (or
Representative as the case may be) according to the best of my
{ - Ability, And such - } { + ability.' The + } oath may be
administered by the { - Govenor - } { + Governor, Lieutenant
Governor + }, Secretary of State, or a judge of the Supreme
Court. { - - - }
{ + Sec. 5. + } The Governor, { + Lieutenant Governor, + }
Secretary of State { - , - } and Treasurer of State shall
severally keep the public records, books and papers at the seat
of government in any manner relating to their respective offices.
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at a special election held throughout this state as provided in
chapter ___, Oregon Laws 2005 (Enrolled House Bill 2347). + }
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