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 1583
Senate Joint Resolution 2
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Public Commission on the
Oregon Legislature)
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 revision to Oregon Constitution to create office of
State Controller. Provides that State Controller administers laws
governing conduct of elections, including laws governing election
campaign finance and state legislative and congressional
redistricting. Directs State Controller to appoint commission to
create legislative and congressional redistricting plans
following each decennial census.
Directs State Controller to provide investigatory services to
agency charged with administering government ethics laws.
Refers proposed revision to people for their approval or
rejection at next primary election.
JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
Oregon, two-thirds of all the members of each house concurring:
PARAGRAPH 1. The Constitution of the State of Oregon is revised
by creating new sections 11 and 11a to be added to and made a
part of Article VI, such sections to read:
{ + SECTION 11. + } { + (1) A State Controller shall be
selected in the manner provided by law. If the State Controller
is elected, the office shall be nonpartisan. The term of the
State Controller shall be established by law and may not be less
than six years.
(2) A person who is serving as State Controller may not be a
candidate for nomination or election to any other public office
while serving and may not be elected or appointed to a statewide
public office sooner than two years after the person ceases
service as State Controller.
(3) The State Controller shall designate a deputy to act as
controller in case of absence or incapacity of the State
Controller, or during a vacancy in the office. Other personnel to
assist the State Controller in performance of the duties of the
office may be provided for by law.
(4) The State Controller shall administer the laws governing
the conduct of elections, including all laws governing election
campaign finance and the redistricting of state legislative and
congressional districts, and shall perform such other duties as
may be required by law.
(5) The State Controller shall provide investigatory services
to the agency charged with administering government ethics laws.
(6) The State Controller may issue subpoenas and administer
oaths for the purpose of performing the functions of the office
described in this section.
(7) The State Controller shall administer the functions,
personnel and budget of the office independently of all other
statewide elected officers and other agencies of the executive
department of state government. + }
{ + SECTION 11a. + } { + (1) The revision proposed by this
resolution becomes operative on the first Monday in January,
2011, except that the revision becomes operative on the effective
date of the revision for the purposes of:
(a) Selecting a State Controller to take office on the first
Monday in January, 2011; and
(b) Appointing the commission under section 6, Article IV of
this Constitution, to provide for the redistricting of state
legislative and congressional districts.
(2) This section is repealed on the second Monday in January,
2011. + }
PARAGRAPH 2. Section 1, Article IV of the Constitution of the
State of Oregon, is revised to read:
{ + Sec. 1. + } (1) The legislative power of the state,
except for the initiative and referendum powers reserved to the
people, is vested in a Legislative Assembly, consisting of a
Senate and a House of Representatives.
(2)(a) The people reserve to themselves the initiative power,
which is to propose laws and amendments to the Constitution and
enact or reject them at an election independently of the
Legislative Assembly.
(b) An initiative law may be proposed only by a petition signed
by a number of qualified voters equal to six percent of the total
number of votes cast for all candidates for Governor at the
election at which a Governor was elected for a term of four years
next preceding the filing of the petition.
(c) An initiative amendment to the Constitution may be proposed
only by a petition signed by a number of qualified voters equal
to eight percent of the total number of votes cast for all
candidates for Governor at the election at which a Governor was
elected for a term of four years next preceding the filing of the
petition.
(d) An initiative petition shall include the full text of the
proposed law or amendment to the Constitution. A proposed law or
amendment to the Constitution shall embrace one subject only and
matters properly connected therewith.
(e) An initiative petition shall be filed not less than four
months before the election at which the proposed law or amendment
to the Constitution is to be voted upon.
(3)(a) The people reserve to themselves the referendum power,
which is to approve or reject at an election any Act, or part
thereof, of the Legislative Assembly that does not become
effective earlier than 90 days after the end of the session at
which the Act is passed.
(b) A referendum on an Act or part thereof may be ordered by a
petition signed by a number of qualified voters equal to four
percent of the total number of votes cast for all candidates for
Governor at the election at which a Governor was elected for a
term of four years next preceding the filing of the petition. A
referendum petition shall be filed not more than 90 days after
the end of the session at which the Act is passed.
(c) A referendum on an Act may be ordered by the Legislative
Assembly by law. Notwithstanding section 15b, Article V of this
Constitution, bills ordering a referendum and bills on which a
referendum is ordered are not subject to veto by the Governor.
(4)(a) Petitions or orders for the initiative or referendum
shall be filed with the { - Secretary of - } State { +
Controller + }. The Legislative Assembly shall provide by law for
the manner in which the { - Secretary of - } State
{ + Controller + } shall determine whether a petition contains
the required number of signatures of qualified voters. The
{ - Secretary of - } State { + Controller + } shall complete
the verification process within the 30-day period after the last
day on which the petition may be filed as provided in paragraph
(e) of subsection (2) or paragraph (b) of subsection (3) of this
section.
(b) Initiative and referendum measures shall be submitted to
the people as provided in this section and by law not
inconsistent therewith.
(c) All elections on initiative and referendum measures shall
be held at the regular general elections, unless otherwise
ordered by the Legislative Assembly.
(d) Notwithstanding section 1, Article XVII of this
Constitution, an initiative or referendum measure becomes
effective 30 days after the day on which it is enacted or
approved by a majority of the votes cast thereon. A referendum
ordered by petition on a part of an Act does not delay the
remainder of the Act from becoming effective.
(5) The initiative and referendum powers reserved to the people
by subsections (2) and (3) of this section are further reserved
to the qualified voters of each municipality and district as to
all local, special and municipal legislation of every character
in or for their municipality or district. The manner of
exercising those powers shall be provided by general laws, but
cities may provide the manner of exercising those powers as to
their municipal legislation. In a city, not more than 15 percent
of the qualified voters may be required to propose legislation by
the initiative, and not more than 10 percent of the qualified
voters may be required to order a referendum on legislation.
PARAGRAPH 3. Section 6, Article IV of the Constitution of the
State of Oregon, is revised 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 - } { + In
each year ending in the number one:
(a) Senators and Representatives shall be + } { - and - }
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. - }
{ + (b) Representatives to Congress shall be apportioned
among congressional districts according to population and a
redistricting plan adopted in the manner provided in this
section.
(2) Not later than December 1 of each year ending in the number
zero, the State Controller shall appoint a commission to provide
for the redistricting of state legislative and congressional
districts.
(3) The commission shall be composed of five members. In making
appointments to the commission, the State Controller shall
consult with representatives of political parties and with
individuals who are not affiliated with a political party. The
State Controller shall appoint a chairperson of the commission.
The State Controller shall provide staff to the commission.
(4) A person holding elected public office or political party
office, or a person elected or appointed to public office or
political party office, may not be a member of the commission. A
commission member may not have held an elected public office or a
political party office within two years of the date of the
member's appointment to the commission.
(5) The commission shall complete a state legislative
redistricting plan and a congressional redistricting plan as soon
as possible following an enumeration of the inhabitants by the
United States Government, but not later than June 1 of each year
ending in the number one. At least three members of the
commission must vote to adopt a redistricting plan. The state
legislative redistricting plan adopted by the commission may not
provide for a number of legislative districts different from the
number established by the Legislative Assembly. On the next
business day after completing a redistricting plan, the
commission shall submit the plan to the Legislative Assembly.
(6) After submission of a redistricting plan by the commission,
the Legislative Assembly shall have 30 calendar days to amend the
plan submitted by the commission. If the Legislative Assembly
amends the plan, the amendment must be adopted by an affirmative
vote of three-fifths of the members of each house.
(7) A redistricting plan adopted by the commission, with any
amendment adopted by the Legislative Assembly, shall be final
upon adoption of the amendment or after expiration of the time
provided for legislative amendment under subsection (6) of this
section, whichever occurs first. A final plan constitutes the
districting law applicable to this state for legislative or
congressional elections and becomes operative January 1 of the
next calendar year.
(8) If the commission fails to adopt and submit a state
legislative redistricting plan or a congressional redistricting
plan within the time limits provided in subsection (5) of this
section, the Supreme Court shall adopt a plan by July 1. The plan
adopted by the court is final and constitutes the districting law
applicable to this state for legislative or congressional
elections, and becomes operative January 1 of the next calendar
year.
(9) 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 approved by an
affirmative vote of three-fifths of the members of each house. At
least three members of the commission must vote to adopt any
modification of the districting law. Any modification adopted by
the commission may be amended by an affirmative vote of
three-fifths of the members of each house. The modified
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.
(10) The Legislative Assembly shall enact laws implementing
subsections (2) to (9) of this section. The laws may set
additional qualifications for members of the commission,
additional standards to govern the commission and the terms of
office of members of the commission. The Legislative Assembly
shall appropriate moneys to enable the commission to carry out
its duties.
(11) Legislative and congressional districts may not be changed
or established except pursuant to this section. A redistricting
plan adopted in the manner provided in this section and any
amendments to the plan by the Legislative Assembly are not
subject to veto by the Governor. + }
{ - (2) - } { + (12) + } This subsection governs judicial
review and correction of a { - reapportionment enacted by the
Legislative Assembly - } { + state legislative redistricting
plan adopted 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 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 (11) + } 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 - } { + redistricting plan becomes + } operative on
{ - September 1 - } { + January 1 of the next calendar
year + }.
(c) If the Supreme Court determines that the
{ - reapportionment - } { + redistricting plan + } does not
comply with
{ - subsection (1) - } { + subsections (1) to (11) + } of
this section and all law applicable thereto, the
{ - reapportionment - } { + redistricting plan + } shall be
void. { + Not later than November 15, the Supreme Court shall
correct the redistricting plan as the court determines is
necessary. The corrected redistricting plan becomes operative
January 1 of the next calendar year. + } { - 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) - } { + (13) + } 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) - } { + (14) + } 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.
PARAGRAPH 4. Section 3, Article IV of the Constitution of the
State of Oregon, is revised to read:
{ + 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 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 - } { + the redistricting plan becomes
operative + }to the date of the appointment, whichever is less.
PARAGRAPH 5. Section 8, Article IV of the Constitution of the
State of Oregon, is revised to read:
{ + 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 - } { + the redistricting
plan becomes operative + }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 6. Section 4, Article V of the Constitution of the
State of Oregon, is revised to read:
{ + Sec. 4. + } The 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 returns of
every Election for Governor, shall be sealed up, and transmitted
to the { - Secretary of - } State { + Controller + };
directed to the Speaker of the House of Representatives, who
shall open, and publish them in the presence of both houses of
the Legislative Assembly. { - - - }
PARAGRAPH 7. Section 1, Article XVII of the Constitution of the
State of Oregon, is revised to read:
{ + Sec. 1. + } Any amendment or amendments to this
Constitution may be proposed in either branch of the legislative
assembly, and if the same shall be agreed to by a majority of all
the members elected to each of the two houses, such proposed
amendment or amendments shall, with the yeas and nays thereon, be
entered in their journals and referred by the { - secretary of
state - } { + State Controller + } to the people for their
approval or rejection, at the next regular general election,
except when the legislative assembly shall order a special
election for that purpose. If a majority of the electors voting
on any such amendment shall vote in favor thereof, it shall
thereby become a part of this Constitution. The votes for and
against such amendment, or amendments, severally, whether
proposed by the legislative assembly or by initiative petition,
shall be canvassed by the
{ - secretary of state - } { + State Controller + } in the
presence of the governor, and if it shall appear to the governor
that the majority of the votes cast at said election on said
amendment, or amendments, severally, are cast in favor thereof,
it shall be his duty forthwith after such canvass, by his
proclamation, to declare the said amendment, or amendments,
severally, having received said majority of votes to have been
adopted by the people of Oregon as part of the Constitution
thereof, and the same shall be in effect as a part of the
Constitution from the date of such proclamation. When two or
more amendments shall be submitted in the manner aforesaid to the
voters of this state at the same election, they shall be so
submitted that each amendment shall be voted on separately. No
convention shall be called to amend or propose amendments to this
Constitution, or to propose a new Constitution, unless the law
providing for such convention shall first be approved by the
people on a referendum vote at a regular general election. This
article shall not be construed to impair the right of the people
to amend this Constitution by vote upon an initiative petition
therefor.
PARAGRAPH 8. Section 2, Article XVII of the Constitution of the
State of Oregon, is revised to read:
{ + Sec. 2. + } (1) In addition to the power to amend this
Constitution granted by section 1, Article IV, and section 1 of
this Article, a revision of all or part of this Constitution may
be proposed in either house of the Legislative Assembly and, if
the proposed revision is agreed to by at least two-thirds of all
the members of each house, the proposed revision shall, with the
yeas and nays thereon, be entered in their journals and referred
by the { - Secretary of - } State { + Controller + } to the
people for their approval or rejection, notwithstanding section
1, Article IV of this Constitution, at the next regular
state-wide primary election, except when the Legislative Assembly
orders a special election for that purpose. A proposed revision
may deal with more than one subject and shall be voted upon as
one question. The votes for and against the proposed revision
shall be canvassed by the { - Secretary of - } State
{ + Controller + } in the presence of the Governor and, if it
appears to the Governor that the majority of the votes cast in
the election on the proposed revision are in favor of the
proposed revision, he shall, promptly following the canvass,
declare, by his proclamation, that the proposed revision has
received a majority of votes and has been adopted by the people
as the Constitution of the State of Oregon or as a part of the
Constitution of the State of Oregon, as the case may be. The
revision shall be in effect as the Constitution or as a part of
this Constitution from the date of such proclamation.
(2) Subject to subsection (3) of this section, an amendment
proposed to the Constitution under section 1, Article IV, or
under section 1 of this Article may be submitted to the people in
the form of alternative provisions so that one provision will
become a part of the Constitution if a proposed revision is
adopted by the people and the other provision will become a part
of the Constitution if a proposed revision is rejected by the
people. A proposed amendment submitted in the form of alternative
provisions as authorized by this subsection shall be voted upon
as one question.
(3) Subsection (2) of this section applies only when:
(a) The Legislative Assembly proposes and refers to the people
a revision under subsection (1) of this section; and
(b) An amendment is proposed under section 1, Article IV, or
under section 1 of this Article; and
(c) The proposed amendment will be submitted to the people at
an election held during the period between the adjournment of the
legislative session at which the proposed revision is referred to
the people and the next regular legislative session.
PARAGRAPH 9. { + The revision proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next primary election. + }
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