74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Joint Resolution 31
Sponsored by Representatives HUNT, D EDWARDS
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. Sections 3, 6 and 8, Article IV of the
Constitution of the State of Oregon, are amended 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 apportioned among
legislative districts according to population. 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 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 - } { + becomes operative as described
in subsection (6) of this section + }.
(2) This subsection governs judicial review and correction of a
reapportionment enacted by the Legislative Assembly.
(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 1 of the year in which the Legislative
Assembly enacts a reapportionment, to review any reapportionment
so enacted.
(b) 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 September 1 of the same year and the
reapportionment { - shall become operative on September 1 - }
{ + becomes operative as described in subsection (6) of this
section + }.
(c) 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. 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
Enrolled House Joint Resolution 31 (HJR 31-INTRO) Page 1
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 - } { + becomes operative as described in
subsection (6) of this section + }.
(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 - } { + The
reapportionment becomes operative as described in subsection (6)
of this section + }.
(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 - }
{ + becomes operative as described in subsection (6) of this
section + }.
(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 - } { + becomes operative as described in
subsection (6) of this section + }.
(4) Any reapportionment that becomes operative as provided in
this section is a law of the state except for purposes of
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initiative and referendum. { - A reapportionment shall 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) Notwithstanding section 18, Article II of this
Constitution, after the convening of the next regular legislative
session following the reapportionment, 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. 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.
{ + (6)(a) Except as provided in paragraph (b) of this
subsection, a reapportionment made under this section becomes
operative on the second Monday in January of the next
odd-numbered year after the applicable deadline for making a
final reapportionment under this section.
(b) For purposes of electing Senators and Representatives to
the next term of office that commences after the applicable
deadline for making a final reapportionment under this section, a
reapportionment made under this section becomes operative on
January 1 of the calendar year next following the applicable
deadline for making a final reapportionment under this
section. + }
{ + 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) { + (a) + } If a vacancy { + occurs + } in the office of
senator or representative from any county or district or
subdistrict { - shall occur, such - } { + , the + } vacancy
shall be filled as may be provided by law.
{ + (b) Except as provided in paragraph (c) of this
subsection, + } a person who is appointed to fill a vacancy in
the office of senator or representative { - shall have been - }
{ + must be + } an inhabitant of the district the person is
appointed to represent for at least one year next preceding the
date of the appointment. { - However, - }
{ + (c) + } 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
reapportionment becomes operative + }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
{ + becomes operative + } to the date of the appointment,
whichever is less.
{ + Sec. 8. + } (1) { + (a) + } { - No person shall - }
{ + Except as provided in paragraph (b) of this subsection, a
person may not + } be a Senator or Representative { - who - }
{ + if the person + } at the time of election { + :
(A) + } Is not a citizen of the United States; { - nor anyone
who - } { + and
(B) + } 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, - }
Enrolled House Joint Resolution 31 (HJR 31-INTRO) Page 3
{ + (b) + } For purposes of the general election next
following the
{ - operative date of an - } { + applicable deadline for
making a final + } 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 { + applicable deadline for
making the final + } reapportionment to the date of the election.
(2) Senators and Representatives shall be at least twenty one
years of age.
(3) { - No person shall - } { + A person may not + } be a
Senator or Representative { - who - } { + if the person + }
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 - } { + A person is not + } 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) { + (a) + } { - No person shall - } { + Except as
provided in paragraph (b) of this subsection, a person may
not + } be a Senator or Representative { - who - } { + if the
person + } 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 { + which the Senator or Representative + } has been
appointed to represent. A person { - shall - } { + does + }
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.
{ + (b) + } Following the { - operative date of an - }
{ + applicable deadline for making a final + } apportionment
under section 6 of this Article, until the expiration of the term
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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 3, 2007
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Chief Clerk of House
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Speaker of House
Adopted by Senate June 19, 2007
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President of Senate
Enrolled House Joint Resolution 31 (HJR 31-INTRO) Page 5