74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1490
House Joint Resolution 3
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Economic Development)
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
Governor. Specifies procedures for filling vacancy in office of
Lieutenant Governor. Directs Secretary of State to specify by
rule manner in which persons may be nominated for Lieutenant
Governor for purposes of regular general election held in 2008.
Refers proposed amendment to people for their approval or
rejection at special election held on same date as next primary
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 new sections 1a and 19 to be added to and made a part
of Article V, and by amending sections 1, 2, 3, 4, 5, 6, 7 and
8a, 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) Except as provided in subsection
(2) of this section, this section and section 19 of this Article
and the amendment to sections 1, 2, 3, 4, 5, 6, 7 and 8a of this
Article, section 14, Article II, section 31, Article IV, and
section 5, Article VI of this Constitution, by House Joint
Resolution 3 (2007) become operative upon the publication of the
returns by the Speaker of the House of Representatives, as
provided in section 4 of this Article, for the regular general
election held in 2008.
(2) This section and section 19 of this Article and the
amendment to sections 1, 2, 3, 4, 5, 6, 7 and 8a of this Article,
section 14, Article II, section 31, Article IV, and section 5,
Article VI of this Constitution, by House Joint Resolution 3
(2007) become operative on the effective date of House Joint
Resolution 3 (2007) for the purpose of nominating and electing a
Lieutenant Governor at the regular general election held in 2008.
(3) The Secretary of State shall adopt rules specifying the
manner in which persons may be nominated for the office of
Lieutenant Governor for purposes of the regular general election
held in 2008.
(4) This section is repealed on January 2, 2010. + }
{ + 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 the
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. + } { + (1) + } 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. { -
- - }
{ + (2) The person having the highest number of votes for
Lieutenant Governor shall be elected. In case two or more persons
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 by joint vote elect one of those persons
Lieutenant Governor. + }
{ + Sec. 6. + } Contested { - Elections - }
{ + elections + } for Governor { + or Lieutenant Governor + }
shall be determined by the Legislative Assembly in { - such - }
{ + a + } manner { - as may be - } prescribed by law. { -
- - }
{ + Sec. 7. + } The { - official term - } { + terms + }
of the Governor { - shall be four years; and shall - }
{ + and the Lieutenant Governor + } commence at
{ - such - } { + the + } times { - as may be - }
prescribed by this { - constitution - } { + 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
{ + regular + } 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 - }
{ + is + } not { - be - } eligible to succeed to the office
of Governor { - by automatic succession - } under { +
subsection (1) of + }this section during the term of
{ - his - } 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 regular general election at which a Governor
is elected. The person so appointed is not eligible to succeed to
the office of Governor under subsection (1) of this section
during the term of appointment. + }
{ + SECTION 19. + } { + The Lieutenant Governor shall:
(1) Serve as the executive director of the division of state
government 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 - }
{ + the + } 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 - } { + Before taking office,
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
{ + Treasurer + } 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 on the same date
as the next primary election. + }
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