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 2684
A-Engrossed
House Joint Resolution 39
Ordered by the House May 10
Including House Amendments dated May 10
Sponsored by Representative FARR, Senator DECKERT;
Representatives HASS, LIM, Senator MORSE
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.
Proposes amendment to Oregon Constitution establishing
commission to create legislative redistricting plan following
each decennial census. { + Prohibits commission from using 2001
legislative redistricting plan as baseline for adopting new
plan. + }
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. The Constitution of the State of Oregon is amended
by creating a new section 6a to be added to and made a part of
Article IV, and by amending sections 3, 6 and 8, Article IV, such
sections to read:
{ + Sec. 6. + } (1) { - At the regular session of the
Legislative Assembly next following an enumeration of the
inhabitants by the United States Government, the number of
Senators and Representatives shall be fixed by law and - }
{ + In each year ending in the number one, Senators and
Representatives shall be + } apportioned among legislative
districts according to population { + and a redistricting plan
adopted in the manner provided in this section + }. A senatorial
district shall consist of two representative districts. Any
Senator whose term continues through the next regular legislative
session after the { - effective - } { + operative + } date of
the { - reapportionment - } { + redistricting plan + } shall
be specifically assigned to a senatorial district. The ratio of
Senators and Representatives, respectively, to population shall
be determined by dividing the total population of the state by
the number of Senators and by the number of Representatives.
{ - A reapportionment by the Legislative Assembly shall become
operative no sooner than September 1 of the year of
reapportionment. - }
{ + (2) Not later than January 31 of each year ending in the
number one, a commission shall be established to provide for the
redistricting of state legislative districts.
(3)(a) The commission shall be composed of five members.
(b) Four members shall be appointed by the Supreme Court. A
person is eligible to be appointed as a member of the commission
by the Supreme Court if the person:
(A) Is a retired state judge or a federal judge who has served
in a federal court in this state and has retired or taken senior
status;
(B) Has never held a partisan public office;
(C) Is a member of one of the two largest political parties in
this state; and
(D) Has not changed the person's political party affiliation
indicated in the person's voter registration records during the
five years immediately preceding appointment.
(c) One member shall be appointed by the four members appointed
by the Supreme Court. A person is eligible under this paragraph
if, during the three years immediately preceding appointment, the
person:
(A) Has not held a public office;
(B) Has not held the position of an officer of a political
party; and
(C) Has not held the position of a compensated lobbyist.
(d) A person appointed to the commission under this subsection,
before commencing service on the commission, shall pledge in
writing that during the person's service as a member of the
commission and for at least five years after the date the
person's service as a member of the commission is concluded the
person will not seek, accept or hold:
(A) A public office;
(B) The position of an officer of a political party; or
(C) The position of a compensated lobbyist.
(e) The terms of office of members of the commission expire
upon the last filing of a redistricting plan under this section
or upon discharge of the members by the Supreme Court under
paragraph (a) of subsection (10) of this section.
(4)(a) The Supreme Court shall identify qualified persons
willing to serve as members of the commission. From the list of
qualified persons, the court shall appoint at random four persons
to serve as members of the commission. If the court appoints a
panel in which more than two members are registered to vote as
members of one of the two largest political parties in this
state, then the court shall excuse one member of the panel by lot
and randomly appoint and excuse new members until a panel is
appointed consisting of two members belonging to each of the two
largest political parties in this state.
(b) The four members of the commission appointed by the Supreme
Court under paragraph (a) of this subsection shall identify
qualified persons willing to serve as the fifth member of the
commission. From the list of qualified persons, the four members
shall appoint the fifth member by an affirmative vote of
three-fourths of the members.
(5)(a) The commission is a public body for purposes of any
statutory provisions applicable to the meetings of public bodies.
(b) The commission shall give public notice of all meetings of
the commission not less than five calendar days prior to the
meeting.
(c) All meetings and sessions of the commission shall be
electronically recorded.
(d) The commission shall hold at least three public hearings
throughout the state for receiving and considering proposed
redistricting plans and public comment from any member of the
Legislative Assembly or the public.
(6) The commission shall adopt a redistricting plan as soon as
practicable following an enumeration of the inhabitants by the
United States Government, but not later than May 1. An
affirmative vote of at least three members of the commission is
necessary for adoption of the redistricting plan. The
redistricting plan adopted by the commission may not provide for
a number of legislative districts that is different from the
number established by the Legislative Assembly. The commission
shall submit the redistricting plan to the Legislative Assembly
no later than the next business day after adopting the plan.
(7) After submission of the redistricting plan by the
commission, the Legislative Assembly has until July 1 to amend
the plan submitted by the commission. If the Legislative Assembly
acts to amend the redistricting plan, an affirmative vote of
two-thirds of the members of each house is necessary for adoption
of the amendment.
(8) The redistricting plan adopted by the commission or the
plan as amended by the Legislative Assembly shall be final upon
adoption of the amendment or the expiration of the time provided
for legislative amendment under subsection (7) of this section,
whichever occurs first. The final plan constitutes the
districting law applicable to this state for legislative
elections and becomes operative October 1.
(9) If the commission fails to adopt a redistricting plan
within the time limitations provided in subsection (6) of this
section, the Legislative Assembly shall adopt a redistricting
plan by July 1. The plan adopted by the Legislative Assembly
under this subsection is final, constitutes the districting law
applicable to this state for legislative elections and becomes
operative October 1.
(10)(a) If the Legislative Assembly does not adopt a
redistricting plan within the time limitations provided in
subsection (9) of this section, the Supreme Court shall discharge
the members of the commission and appoint new members of the
commission as provided in subsections (3) and (4) of this
section. The commission appointed under this subsection shall
adopt a redistricting plan by September 1. The plan adopted by
the commission is final, constitutes the districting law
applicable to this state for legislative elections and becomes
operative October 1.
(b) If the commission fails to adopt a redistricting plan under
paragraph (a) of this subsection, the Supreme Court shall adopt a
redistricting plan by October 1. The redistricting plan becomes
operative December 15.
(11) The Legislative Assembly may enact laws providing for the
reconvening of a commission for the purpose of modifying a
districting law adopted under this section. A law providing for
the reconvening of the commission must be adopted by an
affirmative vote of two-thirds of the members of each house of
the Legislative Assembly. An affirmative vote of at least three
members of the commission is necessary to adopt any modification
of the redistricting plan. Any modification adopted by the
commission may be amended by an affirmative vote of two-thirds of
the members of each house of the Legislative Assembly. The
districting law shall include the modifications, with any
amendment adopted by the Legislative Assembly, and becomes
operative on the date specified by the commission or the
Legislative Assembly, as appropriate.
(12) The Legislative Assembly may enact laws implementing
subsections (2) to (13) of this section. The laws may set
additional standards to govern the commission. A vacancy on the
commission shall be filled by the Supreme Court or, if the
position vacated was subject to appointment pursuant to paragraph
(b) of subsection (4) of this section, the four members appointed
by the Supreme Court in the manner specified in this section for
selection of members of the commission. The Legislative Assembly
shall enact laws appropriating moneys to enable the commission to
carry out its duties under this section.
(13) Legislative districts may not be changed or established
except pursuant to this section. A redistricting plan adopted by
the commission or the Legislative Assembly, or any amendment
adopted by the Legislative Assembly, is not subject to veto by
the Governor. + }
{ - (2) - } { + (14) + } This subsection governs judicial
review and correction of a { - reapportionment enacted by the
Legislative Assembly - } { + redistricting plan adopted by the
commission or adopted or amended by the Legislative Assembly
under this section + }.
(a) Original jurisdiction is vested in the Supreme Court, upon
the petition of any elector of the state filed with the Supreme
Court on or before { - August - } { + October + } 1 of the
year in which the { - Legislative Assembly enacts a
reapportionment - } { + redistricting plan is adopted + }, to
review any { - reapportionment so enacted - }
{ + redistricting plan so adopted + }.
(b) If the Supreme Court determines that the
{ - reapportionment thus reviewed - } { + redistricting
plan + } complies with { - subsection (1) - } { + subsections
(1) to (13) + } of this section and all law applicable thereto,
it shall dismiss the petition by written opinion on or before
{ - September - } { + November + } 1 of the same
year { + , + } and the
{ - reapportionment shall become - } { + redistricting plan
becomes + } operative { - on September - } { + November + }
1.
(c) If the Supreme Court determines that the
{ - reapportionment - } { + redistricting plan + } does not
comply with
{ - subsection (1) - } { + subsections (1) to (13) + } of
this section and all law applicable thereto, the
{ - reapportionment - } { + redistricting plan + } shall be
void. { + The Supreme Court shall correct the redistricting plan
as the court determines is necessary. The corrected redistricting
plan becomes operative December 15. + } { - In its written
opinion, the Supreme Court shall specify with particularity
wherein the reapportionment fails to comply. The opinion shall
further direct the Secretary of State to draft a reapportionment
of the Senators and Representatives in accordance with the
provisions of subsection (1) of this section and all law
applicable thereto. The Supreme Court shall file its order with
the Secretary of State on or before September 15. The Secretary
of State shall conduct a hearing on the reapportionment at which
the public may submit evidence, views and argument. The Secretary
of State shall cause a transcription of the hearing to be
prepared which, with the evidence, shall become part of the
record. The Secretary of State shall file the corrected
reapportionment with the Supreme Court on or before November 1 of
the same year. - }
{ - (d) On or before November 15, the Supreme Court shall
review the corrected reapportionment to assure its compliance
with subsection (1) of this section and all law applicable
thereto and may further correct the reapportionment if the court
considers correction to be necessary. - }
{ - (e) The corrected reapportionment shall become operative
upon November 15. - }
{ - (3) This subsection governs enactment, judicial review
and correction of a reapportionment if the Legislative Assembly
fails to enact any reapportionment by July 1 of the year of the
regular session of the Legislative Assembly next following an
enumeration of the inhabitants by the United States
Government. - }
{ - (a) The Secretary of State shall make a reapportionment
of the Senators and Representatives in accordance with the
provisions of subsection (1) of this section and all law
applicable thereto. The Secretary of State shall conduct a
hearing on the reapportionment at which the public may submit
evidence, views and argument. The Secretary of State shall cause
a transcription of the hearing to be prepared which, with the
evidence, shall become part of the record. The reapportionment so
made shall be filed with the Supreme Court by August 15 of the
same year. It shall become operative on September 15. - }
{ - (b) Original jurisdiction is vested in the Supreme Court
upon the petition of any elector of the state filed with the
Supreme Court on or before September 15 of the same year to
review any reapportionment and the record made by the Secretary
of State. - }
{ - (c) If the Supreme Court determines that the
reapportionment thus reviewed complies with subsection (1) of
this section and all law applicable thereto, it shall dismiss the
petition by written opinion on or before October 15 of the same
year and the reapportionment shall become operative on October
15. - }
{ - (d) If the Supreme Court determines that the
reapportionment does not comply with subsection (1) of this
section and all law applicable thereto, the reapportionment shall
be void. The Supreme Court shall return the reapportionment by
November 1 to the Secretary of State accompanied by a written
opinion specifying with particularity wherein the reapportionment
fails to comply. The opinion shall further direct the Secretary
of State to correct the reapportionment in those particulars, and
in no others, and file the corrected reapportionment with the
Supreme Court on or before December 1 of the same year. - }
{ - (e) On or before December 15, the Supreme Court shall
review the corrected reapportionment to assure its compliance
with subsection (1) of this section and all law applicable
thereto and may further correct the reapportionment if the court
considers correction to be necessary. - }
{ - (f) The reapportionment shall become operative on
December 15. - }
{ - (4) - } { + (15) + } Any { - reapportionment - }
{ + redistricting plan + } that becomes operative as provided in
this section is a law of the state except for purposes of
initiative and referendum. A
{ - reapportionment shall - } { + redistricting plan may + }
not be operative before the date on which an appeal may be taken
therefrom or before the date specified in this section, whichever
is later.
{ - (5) - } { + (16) + } Notwithstanding section 18,
Article II of this Constitution, after the convening of the next
regular legislative session following the
{ - reapportionment - } { + operative date of a redistricting
plan + }, a Senator whose term continues through that legislative
session is subject to recall by the electors of the district to
which the Senator is assigned and not by the electors of the
district existing before the latest { - reapportionment - }
{ + redistricting plan + }. The number of signatures required on
the recall petition is 15 percent of the total votes cast for all
candidates for Governor at the most recent election at which a
candidate for Governor was elected to a full term in the two
representative districts comprising the senatorial district to
which the Senator was assigned.
{ + SECTION 6a. + } { + (1) A commission established under
section 6 of this Article in the year 2011 may not use the
legislative redistricting plan adopted in 2001 as a baseline for
adopting a new redistricting plan.
(2) This section is repealed January 1, 2014. + }
{ + Sec. 3. + } (1) The senators and representatives shall be
chosen by the electors of the respective counties or districts or
subdistricts within a county or district into which the state may
from time to time be divided by law.
(2) If a vacancy in the office of senator or representative
from any county or district or subdistrict shall occur, such
vacancy shall be filled as may be provided by law. A person who
is appointed to fill a vacancy in the office of senator or
representative shall have been an inhabitant of the district the
person is appointed to represent for at least one year next
preceding the date of the appointment. However, for purposes of
an appointment occurring during the period beginning on January 1
of the year next following the operative date of { - an
apportionment - } { + a redistricting plan + } under section 6
of this Article, the person must have been an inhabitant of the
district for one year next preceding the date of the appointment
or from January 1 of the year following the
{ - reapportionment - } { + operative date of the
redistricting plan + } to the date of the appointment, whichever
is less.
{ + 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 - } { + a redistricting plan + }
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 - } { + operative date of the
redistricting plan + } to the date of the election.
(2) Senators and Representatives shall be at least twenty one
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:
(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 - } { + a redistricting plan + }
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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