77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1390
House Joint Resolution 17
Sponsored by Representatives BERGER, BAILEY
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
redistricting commission 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 next 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 odd-numbered year 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
odd-numbered year regular legislative session after the 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 becomes operative as described in subsection
(6) of this section. - }
{ + (1) In the year following the year in which the federal
decennial census is taken under the direction of the United
States Congress, an independent commission shall adjust the
boundaries of the state legislative and congressional districts
according to population. The commission shall provide a plan for
the redistricting of state legislative and congressional
districts. The composition of the commission must, to the
greatest extent possible, reflect political, geographical,
gender, ethnic and racial diversity.
(2)(a) Not later than January 31 of the same year, the
leadership of the two major political parties in each chamber of
the Legislative Assembly shall agree upon and appoint four
persons to the commission from a list of persons nominated. In
the event agreement cannot be reached, the leadership of each
major political party shall each appoint two nominees who are
members of the other major political party. Persons shall be
nominated for appointment as may be provided by law.
(b) Not later than February 1, the four members of the
commission appointed under paragraph (a) of this subsection shall
appoint five members of the commission from a pool of applicants,
as may be provided by law. At least one person appointed under
this paragraph must not be a member of a major political party.
(c) A person is eligible to serve on the commission if the
person is an elector of this state and, in the five years
immediately preceding appointment, the person has not:
(A) Been a candidate for or held a partisan public office.
(B) Held the position of personal staff for a person who held
partisan public office.
(C) Held the position of a compensated lobbyist.
(D) Held the position of an officer of a political party.
(d) A person appointed to the commission may not, 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, seek, accept or hold:
(A) A partisan public office.
(B) The position of personal staff for a person who holds
partisan public office.
(C) The position of a compensated lobbyist.
(D) The position of an officer of a political party.
(e) The term of office of a member of the commission expires on
the date a final redistricting plan for which an elector did not
petition the Supreme Court for review is adopted by the
commission, or on the date the Supreme Court approves a plan as
provided in this section, whichever is later.
(f) A vacancy on the commission shall be filled as may be
provided by law.
(3)(a) The commission is a public body, and the members of the
commission are public officials, for purposes of any statutory
provisions applicable to the meetings of public bodies, conflicts
of interest or government ethics.
(b) The commission shall hold at least 10 public hearings
throughout this state to receive and consider proposed
redistricting plans and public comment. At least one hearing must
be held in each congressional district. The commission shall hold
hearings both before a draft plan is proposed and before a final
plan is adopted by the commission.
(c) Not later than May 15 of the same year, each chamber of the
Legislative Assembly shall submit a set of recommendations to the
commission for the commission's consideration.
(d) Not later than June 15, individual members, or groups of
members, of the Legislative Assembly may submit recommendations
to the commission regarding changes to the districts the members
currently represent.
(4) The commission shall adopt a final redistricting plan by
July 1 of the same year. A final redistricting plan becomes
operative as described in subsection (9) of this section. + }
{ - (2) This subsection governs judicial review and
correction of a reapportionment enacted by the Legislative
Assembly. - }
{ + (5) + }(a) Original jurisdiction is vested in the Supreme
Court { + to review a final redistricting plan adopted by the
commission + }, upon the petition of any elector of { - the - }
{ + this + } state filed with the Supreme Court on or before
August 1 of the { + same + } year { - in which the Legislative
Assembly enacts a reapportionment, to review any reapportionment
so enacted - } .
(b) If { + , upon review, + } the Supreme Court determines that
the
{ - reapportionment thus reviewed - } { + redistricting
plan + } complies with
{ - subsection (1) of this section - } { + this Constitution
and the Constitution of the United States, + } 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 - } { + plan + } becomes operative as
described in subsection { - (6) - } { + (9) + } of this
section.
(c) If the Supreme Court determines that the
{ - reapportionment - } { + redistricting plan + } does not
comply with
{ - subsection (1) of this section - } { + this Constitution
and the Constitution of the United States, + } and all law
applicable thereto, the { - reapportionment - } { + plan + }
shall be void. In its written opinion, the Supreme Court shall
specify with particularity wherein the
{ - reapportionment - } { + redistricting plan + } 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. - } { + The opinion
may further direct the commission to draft a redistricting plan
in accordance with this Constitution and the Constitution of the
United States, and all laws applicable thereto. The Supreme Court
shall file its order with the commission on or before September
15. The commission shall conduct a public hearing on the
redistricting plan and take public testimony. The commission
shall file a corrected redistricting plan with the Supreme Court
on or before November 1. + }
(d) On or before November 15, the Supreme Court shall review
the corrected { - reapportionment - } { + redistricting
plan + } to { - assure - } { + ensure + } its compliance with
{ - subsection (1) of this section - } { + this Constitution
and the Constitution of the United States, + } and all law
applicable thereto { + , + } and may further correct the
{ - reapportionment - } { + plan + } if the court considers
correction to be necessary.
(e) The corrected { - reapportionment - } { + redistricting
plan + } becomes operative as described in subsection
{ - (6) - } { + (9) + } 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
odd-numbered year 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. 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 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. - }
{ + (6)(a) If the commission fails to adopt a redistricting
plan by July 1 of the same year, the commission shall file with
the Supreme Court on or before July 15 not more than two plans
considered by the commission. The Supreme Court shall select one
redistricting plan and if the Supreme Court determines, upon
review, that the plan complies with this Constitution and the
Constitution of the United States, and all law applicable
thereto, the plan shall become operative as described in
subsection (9) of this section.
(b) If the Supreme Court determines that the redistricting plan
does not comply with this Constitution and the Constitution of
the United States, and all law applicable thereto, the plan shall
be void. The Supreme Court shall return the redistricting plan to
the commission by September 1 accompanied by a written opinion
specifying with particularity wherein the plan fails to comply.
The opinion shall further direct the commission to correct the
redistricting plan in those particulars, and in no others, and
file the corrected plan with the Supreme Court on or before
November 1. + }
{ - (e) - } { + (c) + } On or before December 15, the
Supreme Court shall review the corrected
{ - reapportionment - } { + redistricting plan + } to
{ - assure - } { + ensure + } its compliance with
{ - subsection (1) of this section - } { + this Constitution
and the Constitution of the United States, + } and all law
applicable thereto { + , + } and may further correct the
{ - reapportionment - } { + plan + } if the court considers
correction to be necessary.
{ - (f) - } { + (d) + } The { - reapportionment - } { +
redistricting plan + } { + + }becomes operative as described
in subsection { - (6) - } { + (9) + } of this section.
{ - (4) - } { + (7) + } 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 redistricting plan may not be altered by
legislative action and is not subject to veto by the
Governor. + }
{ - (5) - } { + (8) + } Notwithstanding section 18, Article
II of this Constitution, after the convening of the next
odd-numbered year 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 - } { + 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.
{ - (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. - }
{ + (9)(a) Except as provided in paragraph (b) of this
subsection, a redistricting plan becomes operative:
(A) For state legislative districts, on the second Monday in
January of the next odd-numbered year after the applicable
deadline for adopting a final redistricting plan under this
section.
(B) For congressional districts, January 3 of the next
odd-numbered year after the applicable deadline for adopting a
final redistricting plan under this section.
(b) For the purpose of electing Representatives to the Congress
of the United States and state Senators and Representatives to
the next term of office that commences after the applicable
deadline for adopting a final redistricting plan under this
section, a plan becomes operative on January 1 of the calendar
year next following the applicable deadline for adopting a final
redistricting plan under this section. + }
{ + SECTION 6a. + } { + (1) Each state senatorial district
shall consist of two state representative districts. Any state
Senator whose term continues through the next odd-numbered year
regular legislative session after the operative date of a final
redistricting plan adopted under section 6 of this Article shall
be specifically assigned to a senatorial district.
(2) As nearly as practicable, congressional districts shall
consist of complete state legislative districts.
(3) State legislative and congressional districts shall, as
nearly as practicable:
(a) Be contiguous;
(b) Be of equal population;
(c) Utilize existing geographic or political boundaries;
(d) Not divide communities of common interest;
(e) Be connected by transportation links; and
(f) Minimize the number of persons assigned to new districts.
(4) State legislative and congressional districts may not be
drawn for the purpose of:
(a) Favoring or opposing any political party, incumbent
legislator or other person.
(b) Diluting the voting strength of any language or ethnic
minority group.
(5) As used in this section, 'community of common interest '
means a contiguous population that shares common social and
economic interests, including but not limited to:
(a) Living in urban, rural, industrial or agricultural areas;
or
(b) Sharing common work opportunities, transportation
facilities or standards of living. + }
{ + 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)(a) If a vacancy occurs in the office of { - senator or
representative - } { + Senator or Representative + } from any
county or district or subdistrict, 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 - } { + Senator or
Representative + } 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.
(c) For purposes of an appointment occurring during the period
beginning on January 1 of the year a { - reapportionment - }
{ + 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 the { - reapportionment - } { +
redistricting plan + } becomes operative to the date of the
appointment, whichever is less.
{ + Sec. 8. + } (1)(a) Except as provided in paragraph (b) of
this subsection, a person may not be a Senator or Representative
if the person at the time of election:
(A) Is not a citizen of the United States; 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.
(b) For purposes of the general election next following the
applicable deadline for { - making a final apportionment - }
{ + adopting a final 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 applicable
deadline for { - making the final reapportionment - } { +
adopting a final redistricting plan + } to the date of the
election.
(2) Senators and Representatives shall be at least twenty one
years of age.
(3) A person may not be a Senator or Representative 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) 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) Except as provided in paragraph (b) of this subsection,
a person may not be a Senator or Representative 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 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 applicable deadline for { - making a final
apportionment - } { + adopting a final 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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