Oregon Constitution/Article II

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Oregon Constitution
Article II: Suffrage and elections

Section 1[edit]

Elections free.

All elections shall be free and equal.–

Section 2[edit]

Qualifications of electors.[notes 1][annotations 1]

  1. Every citizen of the United States is entitled to vote in all elections not otherwise provided for by this Constitution if such citizen:
    1. Is 18 years of age or older;
    2. Has resided in this state during the six months immediately preceding the election, except that provision may be made by law to permit a person who has resided in this state less than 30 days immediately preceding the election, but who is otherwise qualified under this subsection, to vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States; and
    3. Is registered not less than 20 calendar days immediately preceding any election in the manner provided by law.
  2. Except as otherwise provided in section 6, Article VIII of this Constitution with respect to the qualifications of voters in all school district elections, provision may be made by law to require that persons who vote upon questions of levying special taxes or issuing public bonds shall be taxpayers.

Section 3[edit]

Rights of certain electors.[annotations 2]

A person suffering from a mental handicap is entitled to the full rights of an elector, if otherwise qualified, unless the person has been adjudicated incompetent to vote as provided by law. The privilege of an elector, upon conviction of any crime which is punishable by imprisonment in the penitentiary, shall be forfeited, unless otherwise provided by law.

Section 4[edit]

Residence.

For the purpose of voting, no person shall be deemed to have gained, or lost a residence, by reason of his presence, or absence while employed in the service of the United States, or of this State; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any Seminary of Learning; nor while kept at any alms house, or other assylum [sic], at public expence [sic]; nor while confined in any public prison.–

Section 5[edit]

Soldiers, seamen and marines; residence; right to vote.

No soldier, seaman, or marine in the Army, or Navy of the United States, or of their allies, shall be deemed to have acquired a residence in the state, in consequence of having been stationed within the same; nor shall any such soldier, seaman, or marine have the right to vote.–

Section 6[edit]

Right of suffrage for certain persons.[annotations 3]

Section 7[edit]

Bribery at elections.

Every person shall be disqualified from holding office, during the term for which he may have been elected, who shall have given, or offered a bribe, threat, or reward to procure his election.–

Section 8[edit]

Regulation of elections.

The Legislative Assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulating, and conducting elections, and prohibiting under adequate penalties, all undue influence therein, from power, bribery, tumult, and other improper conduct.–

Section 9[edit]

Penalty for dueling.

Every person who shall give, or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust, or profit.–

Section 10[edit]

Lucrative offices; holding other offices forbidden.

No person holding a lucrative office, or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constition [sic] expressly permitted; Provided, that Officers in the Militia, to which there is attached no annual salary, and the Office of Post Master, where the compensation does not exceed One Hundred Dollars per annum, shall not be deemed lucrative.–

Section 11[edit]

When collector or holder of public moneys ineligible to office.

No person who may hereafter be a collector, or holder of public moneys, shall be eligible to any office of trust or profit, until he shall have accounted for, and paid over according to law, all sums for which he may be liable.–

Section 12[edit]

Temporary appointments to office.

In all cases, in which it is provided that an office shall not be filled by the same person, more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term.–

Section 13[edit]

Privileges of electors.

In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same; and no elector shall be obliged to do duty in the Militia on any day of election, except in time of war, or public danger.–

Section 14[edit]

Time of holding elections and assuming duties of office.[annotations 4]

The regular general biennial election in Oregon for the year A. D. 1910 and thereafter shall be held on the first Tuesday after the first Monday in November. All officers except the Governor, elected for a six year term in 1904 or for a four year term in 1906 or for a two year term in 1908 shall continue to hold their respective offices until the first Monday in January, 1911; and all officers, except the Governor elected at any regular general biennial election after the adoption of this amendment shall assume the duties of their respective offices on the first Monday in January following such election. All laws pertaining to the nomination of candidates, registration of voters and all other things incident to the holding of the regular biennial election shall be enforced and be effected the same number of days before the first Tuesday after the first Monday in November that they have heretofore been before the first Monday in June biennially, except as may hereafter be provided by law.

Section 14a[edit]

Time of holding elections in incorporated cities and towns.[annotations 5]

Incorporated cities and towns shall hold their nominating and regular elections for their several elective officers at the same time that the primary and general biennial elections for State and county officers are held, and the election precincts and officers shall be the same for all elections held at the same time. All provisions of the charters and ordinances of incorporated cities and towns pertaining to the holding of elections shall continue in full force and effect except so far as they relate to the time of holding such elections. Every officer who, at the time of the adoption of this amendment, is the duly qualified incumbent of an elective office of an incorporated city or town shall hold his office for the term for which he was elected and until his successor is elected and qualified. The Legislature, and cities and towns, shall enact such supplementary legislation as may be necessary to carry the provisions of this amendment into effect.

Section 15[edit]

Method of voting in legislature.

In all elections by the Legislative Assembly, or by either branch thereof, votes shall be given openly or viva voce, and not by ballot, forever; and in all elections by the people, votes shall be given openly, or viva voce, until the Legislative Assembly shall otherwise direct.–

Section 16[edit]

Election by plurality; proportional representation.[annotations 6]

In all elections authorized by this constitution until otherwise provided by law, the person or persons receiving the highest number of votes shall be declared elected, but provision may be made by law for elections by equal proportional representation of all the voters for every office which is filled by the election of two or more persons whose official duties, rights and powers are equal and concurrent. Every qualified elector resident in his precinct and registered as may be required by law, may vote for one person under the title for each office. Provision may be made by law for the voter's direct or indirect expression of his first, second or additional choices among the candidates for any office. For an office which is filled by the election of one person it may be required by law that the person elected shall be the final choice of a majority of the electors voting for candidates for that office. These principles may be applied by law to nominations by political parties and organizations.

Section 17[edit]

Place of voting.

All qualified electors shall vote in the election precinct in the County where they may reside, for County Officers, and in any County in the State for State Officers, or in any County of a Congressional District in which such electors may reside, for Members of Congress.–

Section 18[edit]

Recall; meaning of words "the legislative assembly shall provide."[annotations 7][notes 2][notes 3]

  1. Every public officer in Oregon is subject, as herein provided, to recall by the electors of the state or of the electoral district from which the public officer is elected.
  2. Fifteen per cent, but not more, of the number of electors who voted for Governor in the officer's electoral district at the most recent election at which a candidate for Governor was elected to a full term, may be required to file their petition demanding the officer's recall by the people.
  3. They shall set forth in the petition the reasons for the demand.
  4. If the public officer offers to resign, the resignation shall be accepted and take effect on the day it is offered, and the vacancy shall be filled as may be provided by law. If the public officer does not resign within five days after the petition is filed, a special election shall be ordered to be held within 35 days in the electoral district to determine whether the people will recall the officer.
  5. On the ballot at the election shall be printed in not more than 200 words the reasons for demanding the recall of the officer as set forth in the recall petition, and, in not more than 200 words, the officer's justification of the officer's course in office. The officer shall continue to perform the duties of office until the result of the special election is officially declared. If an officer is recalled from any public office the vacancy shall be filled immediately in the manner provided by law for filling a vacancy in that office arising from any other cause.
  6. The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated against any officer until the officer has actually held the office six months, save and except that it may be filed against a senator or representative in the legislative assembly at any time after five days from the beginning of the first session after the election of the senator or representative.
  7. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which the officer was elected unless such further petitioners first pay into the public treasury which has paid such special election expenses, the whole amount of its expenses for the preceding special election.
  8. Such additional legislation as may aid the operation of this section shall be provided by the legislative assembly, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer. But the words, "the legislative assembly shall provide," or any similar or equivalent words in this constitution or any amendment thereto, shall not be construed to grant to the legislative assembly any exclusive power of lawmaking nor in any way to limit the initiative and referendum powers reserved by the people.

Section 22[edit]

Political campaign contribution limitations.

Section (1)[edit]

For purposes of campaigning for an elected public office, a candidate may use or direct only contributions which originate from individuals who at the time of their donation were residents of the electoral district of the public office sought by the candidate, unless the contribution consists of volunteer time, information provided to the candidate, or funding provided by federal, state, or local government for purposes of campaigning for an elected public office.

Section (2)[edit]

Where more than ten percent (10%) of a candidate's total campaign funding is in violation of Section (1), and the candidate is subsequently elected, the elected official shall forfeit the office and shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought. Where more than ten percent (10%) of a candidate’s total campaign funding is in violation of Section (1) and the candidate is not elected, the unelected candidate shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought.

Section (3)[edit]

A qualified donor (an individual who is a resident within the electoral district of the office sought by the candidate) shall not contribute to a candidate's campaign any restricted contributions of Section (1) received from an unqualified donor for the purpose of contributing to a candidate's campaign for elected public office. An unqualified donor (an entity which is not an individual and who is not a resident of the electoral district of the office sought by the candidate) shall not give any restricted contributions of Section (1) to a qualified donor for the purpose of contributing to a candidate's campaign for elected public office.

Section (4)[edit]

A violation of Section (3) shall be an unclassified felony.[annotations 8][notes 4]

Section 23[edit]

Approval by more than majority required for certain measures submitted to people.[annotations 9][notes 5][notes 6]

  1. Any measure that includes any proposed requirement for more than a majority of votes cast by the electorate to approve any change in law or government action shall become effective only if approved by at least the same percentage of voters specified in the proposed voting requirement.
  2. For the purposes of this section, "measure" includes all initiatives and all measures referred to the voters by the Legislative Assembly.
  3. The requirements of this section apply to all measures presented to the voters at the November 3, 1998 election and thereafter.
  4. The purpose of this section is to prevent greater-than-majority voting requirements from being imposed by only a majority of the voters.

Section 24[edit]

Death of candidate prior to election.[annotations 10]

When any vacancy occurs in the nomination of a candidate for elective public office in this state, and the vacancy is due to the death of the candidate, the Legislative Assembly may provide by law that:
  1. The regularly scheduled election for that public office may be postponed;
  2. The public office may be filled at a subsequent election; and
  3. Votes cast for candidates for the public office at the regularly scheduled election may not be considered.

Annotations[edit]

  1. Constitution of 1859; Amendment proposed by initiative petition filed Dec. 20, 1910, and adopted by the people Nov. 5, 1912; Amendment proposed by S.J.R. 6, 1913, and adopted by the people Nov. 3, 1914; Amendment proposed by S.J.R. 6, 1923, and adopted by the people Nov. 4, 1924; Amendment proposed by H.J.R. 7, 1927, and adopted by the people June 28, 1927; Amendment proposed by H.J.R. 5, 1931, and adopted by the people Nov. 8, 1932; Amendment proposed by H.J.R. 26, 1959, and adopted by the people Nov. 8, 1960; Amendment proposed by H.J.R. 41, 1973, and adopted by the people Nov. 5, 1974; Amendment proposed by initiative petition filed July 20, 1986, and adopted by the people Nov. 4, 1986
  2. Constitution of 1859; Amendment proposed by S.J.R. 9, 1943, and adopted by the people Nov. 7, 1944; Amendment proposed by S.J.R. 26, 1979, and adopted by the people Nov. 4, 1980
  3. Constitution of 1859; Repeal proposed by H.J.R. 4, 1927, and adopted by the people June 28, 1927
  4. Constitution of 1859; Amendment proposed by H.J.R. 7, 1907, and adopted by the people June 1, 1908
  5. Created through H.J.R. 22, 1917, and adopted by the people June 4, 1917
  6. Constitution of 1859; Amendment proposed by initiative petition filed Jan. 29, 1908, and adopted by the people June 1, 1908
  7. Created through initiative petition filed Jan. 29, 1908, and adopted by the people June 1, 1908; Amendment proposed by S.J.R. 16, 1925, and adopted by the people Nov. 2, 1926; Amendment proposed by H.J.R. 1, 1983, and adopted by the people Nov. 6, 1984]
  8. Created through initiative petition filed Jan. 25, 1993, and adopted by the people Nov. 8, 1994
  9. Created through initiative petition filed Jan. 15, 1998, and adopted by the people Nov. 3, 1998
  10. Created through S.J.R. 19, 2003, and adopted by the people Nov. 2, 2004

Notes[edit]

  1. The leadline to section 2 was a part of the measure submitted to the people by initiative petition (Measure No. 13, 1986) and adopted by the people Nov. 4, 1986.
  2. The word "Recall" constituted the leadline to section 18 and was a part of the measure submitted to the people by S.J.R. 16, 1925.
  3. An initiative petition (Measure No. 3, 1992) proposed adding new sections relating to term limits to the Oregon Constitution. Those sections, appearing as sections 19, 20 and 21 of Article II in previous editions of this Constitution, were declared void for not being enacted in compliance with section 1, Article XVII of this Constitution. See Lehman v. Bradbury, 333 Or. 231, 37 P.3d 989 (2002).
  4. An initiative petition (Measure No. 6, 1994) adopted by the people Nov. 8, 1994, proposed a constitutional amendment as an unnumbered section. Section 22 sections (1), (2), (3) and (4) were designated in the proposed amendment as "SECTION 1.," "SECTION 2.," "SECTION 3." and "SECTION 4.," respectively.
  5. Added as unnumbered section to the Constitution but not to any Article therein by initiative petition (Measure No. 63, 1998) adopted by the people Nov. 3, 1998.
  6. An initiative petition (Measure No. 62, 1998) proposed adding new sections and a subsection relating to political campaigns to the Oregon Constitution. Those sections, appearing as sections 24 to 32 of Article II and sections 1 (6), 1b and 1c of Article IV in previous editions of this Constitution, were declared void for not being enacted in compliance with section 1, Article XVII of this Constitution. See Swett v. Bradbury, 333 Or. 597, 43 P.3d 1094 (2002).