Proposes amendment to Oregon Constitution establishing panel of special masters to create state legislative and congressional redistricting plan following each federal decennial census.


 
 
 
     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 1630
 
                    House Joint Resolution 33
 
Sponsored by Representative BRUUN; Representatives BARKER,
  BERGER, BOQUIST, BUTLER, CAMERON, CANNON, DALLUM, D EDWARDS,
  ESQUIVEL, FLORES, GARRARD, GILLIAM, GILMAN, GIROD, HANNA,
  JENSON, KOMP, KRIEGER, LIM, MAURER, MORGAN, READ, RICHARDSON,
  SCHAUFLER, SCOTT, THATCHER, WHISNANT
 
 
                             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 establishing panel of
special masters to create state legislative and congressional
redistricting plan following each federal decennial census.
  Sets redistricting criteria.
  Refers proposed amendment to people for their approval or
rejection at special election held on date of 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 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
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 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. - }
    { - (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. - }
    { - (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 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) Any reapportionment that becomes operative as
provided in this section is a law of the state except for
purposes of 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. - }
   { +  (1) In the year following the year in which the federal
decennial census is taken under the direction of the United
States Congress, a panel of special masters composed of retired
judges shall adjust the boundaries of the state legislative and
congressional districts in accordance with the provisions of this
section and section 6a of this Article.
  (2)(a) On or before January 15 of the year following the year
in which the federal decennial census is taken, the Legislative
Assembly shall appoint pursuant to paragraph (b) of this
subsection a panel of special masters composed of retired judges
to adopt a plan of redistricting that adjusts the boundaries of
the state legislative and congressional districts.
  (b)(A) In sufficient time to allow the appointment of the
panel, the Supreme Court shall select by lot 24 retired judges
who are willing to serve as special masters. A person is
qualified to serve as a special master if the person is a retired
Oregon state or federal judge, has never held elected partisan
public office or political party office, has not changed the
person's political party affiliation indicated on the person's
voter registration records since the person's initial appointment
or election to judicial office and during the 12 months
immediately preceding appointment has not received income from
the Legislative Assembly, the United States Congress, a committee
of the Legislative Assembly or the United States Congress, a
political party or a candidate for partisan public office or a
political committee controlled by a candidate for partisan public
office. Not more than 12 of the 24 retired judges may be members
of the same political party. The two largest political parties in
the state shall be equally represented among the selected retired
judges.
  (B) Before commencing service as a special master, a person
appointed to serve as a special master shall pledge in writing
that the person will not run for election in any state
legislative or congressional district adjusted by the panel of
special masters under this section and that the person will not
accept Oregon state public employment or public office, other
than judicial employment, judicial office or a teaching position,
 
for at least five years from the date of appointment as a special
master.
  (C) Not later than six business days before the deadline for
appointment of the panel, the Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the President of the Senate and the minority
leader of the Senate shall each nominate three retired judges
from the pool of retired judges selected by the Supreme Court. A
member of the Legislative Assembly who is authorized to make
nominations under this subparagraph shall nominate retired judges
who are not registered as members of the same political party as
the member of the Legislative Assembly who is making the
nomination. A retired judge may not be nominated by more than one
member of the Legislative Assembly.
  (D) If a member of the Legislative Assembly fails to nominate
the required number of retired judges within the time period
described in this section, the presiding officer of the
appropriate house of the Legislative Assembly immediately shall
draw by lot the remaining nominees for that member of the
Legislative Assembly in accordance with the requirements of
subparagraph (C) of this paragraph.
  (E) Not later than four business days before the deadline for
appointment of the panel, each member of the Legislative Assembly
who is authorized to nominate a retired judge shall also be
entitled to exercise a single peremptory challenge striking the
name of any nominee of any other member of the Legislative
Assembly.
  (F) From the list of remaining nominees selected by authorized
members of the Legislative Assembly, the Speaker of the House of
Representatives shall draw by lot the names of three persons to
serve as special masters. If the drawing fails to produce at
least one special master from each of the two largest political
parties in the state, the drawing shall be conducted again until
this requirement is met. If the list of remaining nominees does
not include a retired judge from each of the two largest
political parties, the drawing for the special master from the
absent political party or parties shall be made from the original
pool of 24 retired judges selected by the Supreme Court, except
that a retired judge whose name was struck under subparagraph (E)
of this paragraph may not be appointed. In the event of a vacancy
in the panel of special masters, the Speaker of the House of
Representatives shall immediately draw by lot the name of a
replacement who satisfies the composition requirements for the
panel under this section. The name of a replacement shall be
drawn from the list of remaining nominees selected by authorized
members of the Legislative Assembly or from the original pool of
24 retired judges, if necessary. A retired judge whose name was
struck under subparagraph (E) of this paragraph may not be
appointed to fill a vacancy.
  (c) Each special master shall be compensated at a rate set by
the Legislative Assembly by law. The term of office of a special
master expires on the date a redistricting plan is approved or
rejected at an election held as provided in subsection (4) of
this section.
  (3)(a) The panel of special masters shall give public notice of
all meetings of the panel. The panel is a public body for
purposes of any statutory provisions applicable to the meetings
of public bodies. All meetings and sessions of the panel shall be
electronically recorded. The panel shall establish procedures
that restrict ex parte communications from members of the public
and the Legislative Assembly concerning the merits of any
redistricting plan.
  (b) The panel shall establish and publish a schedule for
receiving and considering proposed redistricting plans and public
comment from any member of the Legislative Assembly or the
public.  The panel shall hold at least three public hearings
throughout the state to consider redistricting plans. At least
one of the hearings shall be held after the panel has submitted a
proposed redistricting plan under paragraph (c) of this
subsection but before adoption of the final redistricting plan.
  (c) Before adopting a final redistricting plan, the panel shall
submit a redistricting plan to the Legislative Assembly and allow
members of the Legislative Assembly to comment on the
redistricting plan within a time set by the panel. The panel
shall address in writing each change to the redistricting plan
that is recommended by the Legislative Assembly and incorporated
into the final redistricting plan.
  (4)(a) The final redistricting plan shall be approved by a
resolution adopted unanimously by the panel of special masters.
The panel shall file the final redistricting plan with the
Secretary of State. The final redistricting plan takes effect on
the date it is filed with the Secretary of State and applies for
use at the primary and general elections next following approval
of the redistricting plan by the panel of special masters. If
adopted by the people as provided in paragraph (b) of this
subsection, the redistricting plan shall remain in effect for
succeeding elections until the next adjustment of boundaries
required under this section.
  (b) The Secretary of State shall submit the final redistricting
plan as if it were proposed as an initiative law under section 1
of this Article to the people at the general election next
following approval of the redistricting plan by the panel of
special masters under paragraph (a) of this subsection.  The
people shall vote to approve or reject the redistricting plan for
use in succeeding elections until the next adjustment of
boundaries is required. The ballot title shall read: 'Shall the
boundary lines of the state legislative and congressional
districts adopted by special masters as required by Article IV of
the Oregon Constitution, and used for this election, be used
until the next constitutionally required adjustment of the
boundaries? '
 (c) If the redistricting plan is approved at an election under
paragraph (b) of this subsection, the redistricting plan shall be
used in succeeding elections until the next adjustment of
boundaries is required. If the redistricting plan is rejected at
an election under paragraph (b) of this subsection, a new panel
of special masters shall be appointed within 90 days in the
manner provided in subsection (2)(b) of this section for the
purpose of proposing a new redistricting plan for use at the next
statewide primary and general elections pursuant to this section.
Any officials elected under a final redistricting plan shall
serve out their terms of office notwithstanding the rejection at
an election under paragraph (b) of this subsection of the
redistricting plan for use in succeeding primary and general
elections.
  (5) The Legislative Assembly shall appropriate moneys as
necessary to provide the panel of special masters with equipment,
office space and necessary personnel, including counsel and
independent experts in the fields of redistricting and computer
technology, to assist the panel.
  (6) Except for judicial decrees, the provisions of this section
are the exclusive means of adjusting the boundaries of state
legislative or congressional districts.
  (7) Any action or proceeding alleging that the final
redistricting plan adopted by a panel of special masters under
this section does not conform with the requirements of this
Constitution must be filed not later than 45 business days after
the panel files the final redistricting plan with the Secretary
of State. If any court finds the final redistricting plan to be
in violation of a provision of this Constitution, the court may
order that a new redistricting plan be adopted by a panel of
special masters under this section. A court may order any remedy
necessary to carry out the provisions of this section and section
6a of this Article. + }
   { +  SECTION 6a. + }  { + (1) Each member of the Senate and
House of Representatives and each Representative in Congress
shall be elected from a single-member district. Districts of each
type shall be numbered consecutively commencing at the northern
boundary of the state and ending at the southern boundary.
  (2) The population of all state legislative or congressional
districts shall be as nearly equal as practicable. The maximum
population deviation between districts may not exceed one percent
or any stricter standard required by federal law.
  (3) Every state legislative or congressional district shall be
contiguous.
  (4) State legislative or congressional district boundaries
shall conform to the geographic boundaries of cities and counties
to the greatest extent practicable. Except as necessary to comply
with subsections (1) to (3) of this section, a redistricting plan
shall comply with the following criteria in descending order of
importance:
  (a) Highest possible numbers of counties undivided by district
boundaries;
  (b) Lowest possible number of county fragments created by
district boundaries;
  (c) Highest possible number of cities undivided by district
boundaries; and
  (d) Lowest possible number of city fragments created by
district boundaries.
  (5) Except as necessary to comply with subsections (1) to (4)
of this section, every state legislative or congressional
district shall be as compact as practicable. To the extent
practicable, a contiguous area of population may not be bypassed
to incorporate an area of population more distant.
  (6) A census block may not be fragmented unless required to
satisfy the requirements of the United States Constitution.
  (7) Consideration may not be given to the potential effects of
a state legislative or congressional redistricting plan on
incumbents or political parties. Except as required by federal
law, data regarding the residence of an incumbent or of any other
candidate or the party affiliation or voting history of electors
may not be used in the preparation of a redistricting plan. + }
   { +  Sec. 3. + } (1) The   { - senators and
representatives - }   { + 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 - }  { + 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 - }   { + 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 - }
 { + effective date of a redistricting plan adopted + } 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 - }  { + effective 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 - }  { + effective date
of a redistricting plan adopted + } 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 - }   { + effective 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 - }   { + effective date
of a redistricting plan adopted + } 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 a special election held throughout this state on the same date
as the next primary election. + }
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