CONSTITUTION OF OREGON
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Constitution of Oregon
1995 EDITION
The Oregon Constitution was framed by a convention of 60
delegates chosen by the people. The convention met on the third
Monday in August 1857 and adjourned on September 18 of the same
year. On November 9, 1857, the Constitution was approved by the
vote of the people of Oregon Territory. The Act of Congress
admitting Oregon into the Union was approved February 14, 1859,
and on that date the Constitution went into effect.
The Constitution is here published as it is in effect following
the approval of amendments on May 16, 1995. The text of the
original signed copy of the Constitution filed in the office of
the Secretary of State is retained unless it has been repealed or
superseded by amendment. Where the original text has been amended
or where a new provision has been added to the original
Constitution, the source of the amendment or addition is
indicated in the source note immediately following the text of
the amended or new section. Notations also have been made setting
out the history of repealed sections.
Unless otherwise specifically noted, the lead lines for the
sections have been supplied by the Legislative Counsel.
Preamble
Article I Bill of Rights
II Suffrage and Elections
III Distribution of Powers
IV Legislative Department
V Executive Department
VI Administrative Department
VII (Amended) Judicial Department
VII (Original) The Judicial Department
VIII Education and School Lands
IX Finance
X The Militia
XI Corporations and Internal Improvements
XI-A Farm and Home Loans to Veterans
XI-D State Power Development
XI-E State Reforestation
XI-F(1) Higher Education Building Projects
XI-F(2) Veterans' Bonus
XI-G Higher Education Institutions and Activities; Community
Colleges
XI-H Pollution Control
XI-I(1) Water Development Projects
XI-I(2) Multifamily Housing for Elderly and Disabled
XI-J Small Scale Local Energy Loans
XII State Printing
XIV Seat of Government
XV Miscellaneous
XVI Boundaries
XVII Amendments and Revisions
XVIII Schedule
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PREAMBLE
We the people of the State of Oregon to the end that Justice be
established, order maintained, and liberty perpetuated, do ordain
this Constitution. --
CONSTITUTION OF OREGON
1995 EDITION
ARTICLE I
BILL OF RIGHTS
Sec.1. Natural rights inherent in people
2. Freedom of worship
3. Freedom of religious opinion
4. No religious qualification for office
5. No money to be appropriated for religion
6. No religious test for witnesses or jurors
7. Manner of administering oath or affirmation
8. Freedom of speech and press
9. Unreasonable searches or seizures
10. Administration of justice
11. Rights of accused in criminal prosecution
12. Double jeopardy; compulsory self-incrimination
13. Treatment of arrested or confined persons
14. Bailable offenses
15. Reformation the basis of criminal law
16. Excessive bail and fines; cruel and unusual punishments;
power of jury in criminal case
17. Jury trial in civil cases
18. Private property or services taken for public use
19. Imprisonment for debt
20. Equality of privileges and immunities of citizens
21. Ex-post facto laws; laws impairing contracts; laws
depending on authorization in order to take effect; laws
submitted to electors
22. Suspension of operation of laws
23. Habeas corpus
24. Treason
25. Corruption of blood or forfeiture of estate
26. Assemblages of people; instruction of representatives;
application to legislature
27. Right to bear arms; military subordinate to civil power
28. Quartering soldiers
29. Titles of nobility; hereditary distinctions
30. Emigration
32. Taxes and duties; uniformity of taxation
33. Enumeration of rights not exclusive
34. Slavery or involuntary servitude
39. Sale of liquor by individual glass
40. Penalty for aggravated murder
41. Work and training for corrections institution inmates
Section 1. Natural rights inherent in people. We declare that
all men, when they form a social compact are equal in right: that
all power is inherent in the people, and all free governments are
founded on their authority, and instituted for their peace,
safety, and happiness; and they have at all times a right to
alter, reform, or abolish the government in such manner as they
may think proper. --
Section 2. Freedom of worship. All men shall be secure in the
Natural right, to worship Almighty God according to the dictates
of their own consciences. --
Section 3. Freedom of religious opinion. No law shall in any
case whatever control the free exercise, and enjoyment of
religeous (sic) opinions, or interfere with the rights of
conscience. --
Section 4. No religious qualification for office. No religious
test shall be required as a qualification for any office of trust
or profit. --
Section 5. No money to be appropriated for religion. No money
shall be drawn from the Treasury for the benefit of any religeous
(sic), or theological institution, nor shall any money be
appropriated for the payment of any religeous (sic) services in
either house of the Legislative Assembly. --
Section 6. No religious test for witnesses or jurors. No person
shall be rendered incompetent as a witness, or juror in
consequence of his opinions on matters of religeon (sic); nor be
questioned in any Court of Justice touching his religeous (sic)
belief to affect the weight of his testimony. --
Section 7. Manner of administering oath or affirmation. The
mode of administering an oath, or affirmation shall be such as
may be most consistent with, and binding upon the conscience of
the person to whom such oath or affirmation may be administered.
--
Section 8. Freedom of speech and press. No law shall be passed
restraining the free expression of opinion, or restricting the
right to speak, write, or print freely on any subject whatever;
but every person shall be responsible for the abuse of this
right. --
Section 9. Unreasonable searches or seizures. No law shall
violate the right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable search, or
seizure; and no warrant shall issue but upon probable cause,
supported by oath, or affirmation, and particularly describing
the place to be searched, and the person or thing to be seized.
--
Section 10. Administration of justice. No court shall be
secret, but justice shall be administered, openly and without
purchase, completely and without delay, and every man shall have
remedy by due course of law for injury done him in his person,
property, or reputation. --
Section 11. Rights of accused in criminal prosecution. In all
criminal prosecutions, the accused shall have the right to public
trial by an impartial jury in the county in which the offense
shall have been committed; to be heard by himself and counsel; to
demand the nature and cause of the accusation against him, and to
have a copy thereof; to meet the witnesses face to face, and to
have compulsory process for obtaining witnesses in his favor;
provided, however, that any accused person, in other than capital
cases, and with the consent of the trial judge, may elect to
waive trial by jury and consent to be tried by the judge of the
court alone, such election to be in writing; provided, however,
that in the circuit court ten members of the jury may render a
verdict of guilty or not guilty, save and except a verdict of
guilty of first degree murder, which shall be found only by a
unanimous verdict, and not otherwise; provided further, that the
existing laws and constitutional provisions relative to criminal
prosecutions shall be continued and remain in effect as to all
prosecutions for crimes committed before the taking effect of
this amendment.
Constitution of 1859; Amendment proposed by S.J.R. No. 4, 1931,
and adopted by people Nov. 8, 1932; Amendment proposed by S.J.R.
No. 4, 1933 (2d s.s.), and adopted by people May 18, 1934
Note: The lead line to section 11 was a part of the measure
submitted to the people by S.J.R. No. 4, 1933 (2d s.s.).
Section 12. Double jeopardy; compulsory self-incrimination. No
person shall be put in jeopardy twice for the same offence (sic),
nor be compelled in any criminal prosecution to testify against
himself. --
Section 13. Treatment of arrested or confined persons. No
person arrested, or confined in jail, shall be treated with
unnecessary rigor. --
Section 14. Bailable offenses. Offences (sic), except murder,
and treason, shall be bailable by sufficient sureties. Murder or
treason, shall not be bailable, when the proof is evident, or the
presumption strong. --
Section 15. Reformation the basis of criminal law. Laws for the
punishment of crime shall be founded on the principles of
reformation, and not of vindictive justice. --
Section 16. Excessive bail and fines; cruel and unusual
punishments; power of jury in criminal case. Excessive bail shall
not be required, nor excessive fines imposed. Cruel and unusual
punishments shall not be inflicted, but all penalties shall be
proportioned to the offense.--In all criminal cases whatever, the
jury shall have the right to determine the law, and the facts
under the direction of the Court as to the law, and the right of
new trial, as in civil cases.
Section 17. Jury trial in civil cases. In all civil cases the
right of Trial by Jury shall remain inviolate. --
Section 18. Private property or services taken for public use.
Private property shall not be taken for public use, nor the
particular services of any man be demanded, without just
compensation; nor except in the case of the state, without such
compensation first assessed and tendered; provided, that the use
of all roads, ways and waterways necessary to promote the
transportation of the raw products of mine or farm or forest or
water for beneficial use or drainage is necessary to the
development and welfare of the state and is declared a public
use.
Constitution of 1859; Amendment proposed by S.J.R. No. 17, 1919,
and adopted by people May 21, 1920; Amendment proposed by S.J.R.
No. 8, 1923, and adopted by people Nov. 4, 1924
Section 19. Imprisonment for debt. There shall be no
imprisonment for debt, except in case of fraud or absconding
debtors. --
Section 20. Equality of privileges and immunities of citizens.
No law shall be passed granting to any citizen or class of
citizens privileges, or immunities, which, upon the same terms,
shall not equally belong to all citizens. --
Section 21. Ex-post facto laws; laws impairing contracts; laws
depending on authorization in order to take effect; laws
submitted to electors. No ex-post facto law, or law impairing the
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obligation of contracts shall ever be passed, nor shall any law
be passed, the taking effect of which shall be made to depend
upon any authority, except as provided in this Constitution;
provided, that laws locating the Capitol of the State, locating
County Seats, and submitting town, and corporate acts, and other
local, and Special laws may take effect, or not, upon a vote of
the electors interested. --
Section 22. Suspension of operation of laws. The operation of
the laws shall never be suspended, except by the Authority of the
Legislative Assembly.
Section 23. Habeas corpus. The privilege of the writ of habeas
______
corpus shall not be suspended unless in case of rebellion, or
______
invasion the public safety require it. --
Section 24. Treason. Treason against the State shall consist
only in levying war against it, or adhering to its enemies,
giving them aid or comfort.--No person shall be convicted of
treason unless on the testimony of two witnesses to the same
overt act, or confession in open Court. --
Section 25. Corruption of blood or forfeiture of estate. No
conviction shall work corruption of blood, or forfeiture of
estate. --
Section 26. Assemblages of people; instruction of
representatives; application to legislature. No law shall be
passed restraining any of the inhabitants of the State from
assembling together in a peaceable manner to consult for their
common good; nor from instructing their Representatives; nor from
applying to the Legislature for redress of greviances (sic). --
Section 27. Right to bear arms; military subordinate to civil
power. The people shall have the right to bear arms for the
defence (sic) of themselves, and the State, but the Military
shall be kept in strict subordination to the civil power .
Section 28. Quartering soldiers. No soldier shall, in time of
peace, be quartered in any house, without the consent of the
owner, nor in time of war, except in the manner prescribed by
law.
Section 29. Titles of nobility; hereditary distinctions. No law
shall be passed granting any title of Nobility, or conferring
hereditary distinctions. --
Section 30. Emigration. No law shall be passed prohibiting
emigration from the State. --
Section 31. Rights of aliens; immigration to state.
Constitution of 1859; repeal proposed by H.J.R. 16, 1969, and
adopted by people May 26, 1970
Section 32. Taxes and duties; uniformity of taxation. No tax or
duty shall be imposed without the consent of the people or their
representatives in the Legislative Assembly; and all taxation
shall be uniform on the same class of subjects within the
territorial limits of the authority levying the tax.
Constitution of 1859; Amendment proposed by H.J.R. No. 16, 1917,
and adopted by people June 4, 1917
Section 33. Enumeration of rights not exclusive. This
enumeration of rights, and privileges shall not be construed to
impair or deny others retained by the people. --
Section 34. Slavery or involuntary servitude. There shall be
neither slavery, nor involuntary servitude in the State,
otherwise than as a punishment for crime, whereof the party shall
have been duly convicted. --
Added to Bill of Rights as unnumbered section by vote of people
at time of adoption of the Oregon Constitution in accordance with
section 4 of Article XVIII thereof
Section 35. Free negroes and mulattoes. Added to Bill of
Rights as unnumbered section by vote of people at time of
adoption of the Oregon Constitution in accordance with Section 4
of Article XVIII thereof; Repeal proposed by H.J.R. No. 8, 1925,
and adopted by people Nov. 2, 1926
Section 36. Liquor prohibition. Created through initiative
petition filed July 1, 1914, adopted by people Nov. 3, 1914;
Repeal proposed by initiative petition filed March 20, 1933, and
adopted by people July 21, 1933
Section 36. Capital punishment abolished. Created through
initiative petition filed July 2, 1914, adopted by people Nov. 3,
1914; Repeal proposed by S.J.R. No. 8, 1920 (s.s.), and adopted
by people May 21, 1920, as Const. Art. I, Ý38
Note: At the general election in 1914 two sections, each
designated as section 36, were created and added to the
Constitution by separate initiative petitions. One of these
sections was the prohibition section and the other abolished
capital punishment.
Section 36a. Prohibition of importation of liquors. Created
through initiative petition filed July 6, 1916, adopted by people
Nov. 7, 1916; Repeal proposed by initiative petition filed March
20, 1933, and adopted by people July 21, 1933
Section 37. Penalty for murder in first degree. Created
through S.J.R. No. 8, 1920, adopted by people May 21, 1920;
Repeal proposed by S.J.R. No. 3, 1963, and adopted by people Nov.
3, 1964
Section 38. Laws abrogated by amendment abolishing death
penalty revived. Created through S.J.R. No. 8, 1920, adopted by
people May 21, 1920; Repeal proposed by S.J.R. No. 3, 1963, and
adopted by people Nov. 3, 1964
Section 39. Sale of liquor by individual glass. The State shall
have power to license private clubs, fraternal organizations,
veterans' organizations, railroad corporations operating
interstate trains and commercial establishments where food is
cooked and served, for the purpose of selling alcoholic liquor by
the individual glass at retail, for consumption on the premises,
including mixed drinks and cocktails, compounded or mixed on the
premises only. The Legislative Assembly shall provide in such
detail as it shall deem advisable for carrying out and
administering the provisions of this amendment and shall provide
adequate safeguards to carry out the original intent and purpose
of the Oregon Liquor Control Act, including the promotion of
temperance in the use and consumption of alcoholic beverages,
encourage the use and consumption of lighter beverages and aid in
the establishment of Oregon industry. This power is subject to
the following:
(1) The provisions of this amendment shall take effect and be
in operation sixty (60) days after the approval and adoption by
the people of Oregon; provided, however, the right of a local
option election exists in the counties and in any incorporated
city or town containing a population of at least five hundred
(500). The Legislative Assembly shall prescribe a means and a
procedure by which the voters of any county or incorporated city
or town as limited above in any county, may through a local
option election determine whether to prohibit or permit such
power, and such procedure shall specifically include that
whenever fifteen per cent (15%) of the registered voters of any
county in the state or of any incorporated city or town as
limited above, in any county in the state, shall file a petition
requesting an election in this matter, the question shall be
voted upon at the next regular November biennial election,
provided said petition is filed not less than sixty (60) days
before the day of election.
(2) Legislation relating to this matter shall operate uniformly
throughout the state and all individuals shall be treated
equally; and all provisions shall be liberally construed for the
accomplishment of these purposes.
Created through initiative petition filed July 2, 1952, adopted
by people Nov. 4, 1952
Section 40. Penalty for aggravated murder. Notwithstanding
sections 15 and 16 of this Article, the penalty for aggravated
murder as defined by law shall be death upon unanimous
affirmative jury findings as provided by law and otherwise shall
be life imprisonment with minimum sentence as provided by law.
Created through initiative petition filed July 6, 1983, adopted
by people Nov. 6, 1984
Section 41. Work and training for corrections institution
inmates. (1) Whereas the people of the state of Oregon find and
declare that inmates who are confined in corrections institutions
should work as hard as the taxpayers who provide for their
upkeep; and whereas the people also find and declare that inmates
confined within corrections institutions must be fully engaged in
productive activity if they are to successfully re-enter society
with practical skills and a viable work ethic; now, therefore,
the people declare:
(2) All inmates of state corrections institutions shall be
actively engaged full-time in work or on-the-job training. The
work or on-the-job training programs shall be established and
overseen by the corrections director, who shall ensure that such
programs are cost-effective and are designed to develop inmate
motivation, work capabilities and cooperation. Such programs may
include boot camp prison programs. Education may be provided to
inmates as part of work or on-the-job training so long as each
inmate is engaged at least half-time in hands-on training or work
activity.
(3) Each inmate shall begin full-time work or on-the-job
training immediately upon admission to a corrections institution,
allowing for a short time for administrative intake and
processing. The specific quantity of hours per day to be spent in
work or on-the-job training shall be determined by the
corrections director, but the overall time spent in work or
training shall be full-time. The corrections director may reduce
or exempt participation in work or training programs by those
inmates deemed by corrections officials as physically or mentally
disabled, or as too dangerous to society to engage in such
programs.
(4) There shall be sufficient work and training programs to
ensure that every eligible inmate is productively involved in one
or more programs. Where an inmate is drug and alcohol addicted so
as to prevent the inmate from effectively participating in work
or training programs, corrections officials shall provide
appropriate drug or alcohol treatment.
(5) The intent of the people is that taxpayer-supported
institutions and programs shall be free to benefit from inmate
work. Prison work programs shall be designed and carried out so
as to achieve net cost savings in maintaining government
operations, or so as to achieve a net profit in private sector
activities.
(6) The provisions of this section are mandatory for all state
corrections institutions. The provisions of this section are
permissive for county or city corrections facilities. No law,
ordinance or charter shall prevent or restrict a county or city
governing body from implementing all or part of the provisions of
this section. Compensation, if any, shall be determined and
established by the governing body of the county or city which
chooses to engage in prison work programs, and the governing body
may choose to adopt any power or exemption allowed in this
section.
(7) The corrections director shall contact public and private
enterprises in this state and seek proposals to use inmate work.
The corrections director may: (a) install and equip plants in any
state corrections institution, or any other location, for the
employment or training of any of the inmates therein; or (b)
purchase, acquire, install, maintain and operate materials,
machinery and appliances necessary to the conduct and operation
of such plants. The corrections director shall use every effort
to enter into contracts or agreements with private business
concerns or government agencies to accomplish the production or
marketing of products or services produced or performed by
inmates.
(8) Compensation, if any, for inmates who engage in prison work
programs shall be determined and established by the corrections
director. Such compensation shall not be subject to existing
public or private sector minimum or prevailing wage laws, except
where required to comply with federal law. Inmate compensation
from enterprises entering into agreements with the state shall be
exempt from unemployment compensation taxes to the extent allowed
under federal law. Inmate injury or disease attributable to any
inmate work shall be covered by a corrections system inmate
injury fund rather than the workers compensation law. Any
compensation earned through prison work programs shall only be
used for the following purposes: (a) reimbursement for all or a
portion of the costs of the inmate's rehabilitation, housing,
health care, and living costs; (b) restitution or compensation to
the victims of the particular inmate's crime; (c) restitution or
compensation to the victims of crime generally through a fund
designed for that purpose; (d) financial support for immediate
family of the inmate outside the corrections institution; and (e)
payment of fines, court costs, and applicable taxes.
(9) All income generated from prison work programs shall be
kept in a separate account and shall only be used for
implementing, maintaining and developing prison work programs.
Prison industry work programs shall be exempt from statutory
competitive bid and purchase requirements. Expenditures for
prison work programs shall be exempt from the legislative
appropriations process to the extent the programs rely on income
sources other than state taxes and fees. Where state taxes or
fees are the source of capital or operating expenditures, the
appropriations shall be made by the legislative assembly. The
state programs shall be run in a businesslike fashion and shall
be subject to regulation by the Prison Industries Board,
consisting of the Governor, Secretary of State, and State
Treasurer. The Board shall meet at least quarterly and shall act
by vote of any two of the three members. Expenditures from the
state prison work programs account must be approved by the Board.
Agreements with private enterprise as to state prison work
programs must be approved by the Board. The corrections director
shall make all state records available for public scrutiny and
the records shall be subject to audit by the Secretary of State.
(10) Prison work products or services shall be available to any
public agency and to any private enterprise without restriction
imposed by any state or local law, ordinance or regulation as to
competition with other public or private sector enterprises. The
products and services of corrections work programs shall be
provided on such terms as are approved by the corrections
director.
(11) Inmate work shall be used as much as possible to help
operate the corrections institutions themselves and to support
other government operations. This work includes, but is not
limited to, institutional food production; maintenance and repair
of buildings, grounds, and equipment; office support services,
including printing; prison clothing production and maintenance;
prison medical services; training other inmates; agricultural and
forestry work, especially in parks and public forest lands; and
environmental clean-up projects. Every state agency shall
cooperate with the corrections director in establishing inmate
work programs.
(12) As used throughout this section, unless the context
requires otherwise: 'full-time' means the equivalent of at least
forty hours per seven day week; 'corrections director' means the
person in charge of the state corrections system.
(13) This section is self-implementing and supersedes all
existing inconsistent statutes. This section shall become
effective April 1, 1995. If any part of this section or its
application to any person or circumstance is held to be invalid
for any reason, then the remaining parts or applications to any
persons or circumstances shall not be affected but shall remain
in full force and effect.
Created through initiative petition filed Jan. 12, 1994, adopted
by people Nov. 8, 1994
Note: Added to Article I as unnumbered section by initiative
petition (Measure No. 17) adopted by people Nov. 8, 1994.
ARTICLE II
SUFFRAGE AND ELECTIONS
Sec.1. Elections free
2. Qualifications of electors
3. Rights of certain electors
4. Residence
5. Soldiers, seamen and marines; residence; right to vote
7. Bribery at elections
8. Regulation of elections
9. Penalty for dueling
10. Lucrative offices; holding other offices forbidden
11. When collector or holder of public moneys ineligible to
office
12. Temporary appointments to office
13. Privileges of electors
14. Time of holding elections and assuming duties of office
14a. Time of holding elections in incorporated cities and towns
15. Method of voting in legislature
16. Election by plurality; proportional representation
17. Place of voting
18. Recall; meaning of words 'the legislative assembly shall
provide '
19. Limits on Oregon Terms
20. Limits on Congressional Terms
21. Severability; Standing
22. Political campaign contribution limitations
Section 1. Elections free. All elections shall be free and
equal. --
Section 2. Qualifications of electors. (1) Every citizen of the
United States is entitled to vote in all elections not otherwise
provided for by this Constitution if such citizen:
(a) Is 18 years of age or older;
(b) 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
(c) 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.
Constitution of 1859; Amendment proposed by initiative petition
filed Dec. 20, 1910, and adopted by people Nov. 5, 1912;
Amendment proposed by S.J.R. No. 6, 1913, and adopted by people
Nov. 3, 1914; Amendment proposed by S.J.R. No. 6, 1923, and
adopted by people Nov. 4, 1924; Amendment proposed by H.J.R. No.
7, 1927, and adopted by people June 28, 1927; Amendment proposed
by H.J.R. No. 5, 1931, and adopted by people Nov. 8, 1932;
Amendment proposed by H.J.R. No. 26, 1959, and adopted by people
Nov. 8, 1960; Amendment proposed by H.J.R. No. 41, 1973, and
adopted by people Nov. 5, 1974; Amendment proposed by initiative
petition filed July 20, 1986, and adopted by people Nov. 4, 1986
Section 3. Rights of certain electors. 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.
Constitution of 1859; Amendment proposed by S.J.R. No. 9, 1943,
and adopted by people Nov. 7, 1944; Amendment proposed by S.J.R.
No. 26, 1979, and adopted by people Nov. 4, 1980
Section 4. 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. 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. Negroes, Chinamen and mulattoes. Constitution of
1859; Repeal proposed by H.J.R. No. 4, 1927, and adopted by
people June 28, 1927
Section 7. 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. 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. 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. 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. 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. 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. 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. Time of holding elections and assuming duties of
office. 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.
Constitution of 1859; Amendment proposed by H.J.R. No. 7, 1907,
and adopted by people June 1, 1908
Section 14a. Time of holding elections in incorporated cities
and towns. 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.
Created through H.J.R. No. 22, 1917, adopted by people June 4,
1917
Section 15. 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. Election by plurality; proportional representation.
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.
Constitution of 1859; Amendment proposed by initiative petition
filed Jan. 29, 1908, and adopted by people June 1, 1908
Section 17. 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. Recall; meaning of words 'the legislative assembly
shall provide.' (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.
Created through initiative petition filed Jan. 29, 1908, adopted
by people June 1, 1908; Amendment proposed by S.J.R. No. 16,
1925, and adopted by people Nov. 2, 1926; amendment proposed by
H.J.R. No. 1, 1983, and adopted by people Nov. 6, 1984
Note: The word 'Recall' constituted the lead line to section 18
and was a part of the measure submitted to the people by S.J.R.
No. 16, 1925.
Section 19. Limits on Oregon Terms. To promote varied
representation, to broaden the opportunities for public service,
and to make the electoral process fairer by reducing the power of
incumbency, terms in Oregon elected offices are limited as
follows:
(1) No person shall serve more than six years in the Oregon
House of Representatives, eight years in the Oregon Senate, and
twelve years in the Oregon Legislative Assembly in his or her
lifetime.
(2) No person shall serve more than eight years in each Oregon
statewide office in his or her lifetime.
(3) Only terms of service beginning after this Act sections 19
to 21 of this Article goes into effect December 3, 1992 shall
count towards the limits of this Section.
(4) When a person is appointed or elected to fill a vacancy in
office, then such service shall be counted as one term for the
purposes of this Section.
(5) A person shall not appear on the ballot as a candidate for
elected office or be appointed to fill a vacancy in office if
serving a full term in such office would cause them to violate
the limits in this Section.
(6) This Section does not apply to judicial offices.
Created through initiative petition filed April 23, 1991, and
adopted by the people Nov. 3, 1992.
Note: The lead line to section 19 was a part of the measure
proposed by initiative petition filed April 23, 1991, and adopted
by the people Nov. 3, 1992.
Section 20. Limits on Congressional Terms. To promote varied
representation, to broaden the opportunities for public service,
and to make the electoral process fairer by reducing the power of
incumbency, terms in the United States Congress representing
Oregon are limited as follows:
(1) No person shall represent Oregon for more than six years in
the U.S. House of Representatives and twelve years in the U.S.
Senate in his or her lifetime.
(2) Only terms of service beginning after this Act sections 19
to 21 of this Article goes into effect December 3, 1992 shall
count towards the limits of this Section.
(3) When a person is appointed or elected to fill a vacancy in
office, then such service shall be counted as one term for the
purposes of this Section.
(4) A person shall not appear on the ballot as a candidate for
elected office or be appointed to fill a vacancy in office if
serving a full term in such office would cause them to violate
the limits in this section.
Created through initiative petition filed April 23, 1991, and
adopted by the people Nov. 3, 1992.
Note: The lead line to section 20 was a part of the measure
proposed by initiative petition filed April 23, 1991, and adopted
by the people Nov. 3, 1992.
Section 21. Severability; standing. (1) If any part of this Act
sections 19 to 21 of this Article is held to be invalid for any
reason, then the remaining parts shall not be affected but shall
remain in full force and effect. If any part of this Act is held
to be invalid, it is the expressed intent of the People of Oregon
that their elected officials should respect the limits within
this Act.
(2) Any person residing in Oregon or non-profit entity doing
business in Oregon has standing to bring suit to enforce this
measure sections 19 to 21 of this Article .
Created through initiative petition filed April 23, 1991, and
adopted by the people Nov. 3, 1992.
Note: Section 21 was designated as Paragraphs 3 and 5 in Ballot
Measure No. 3, adopted by the people Nov. 3, 1992. Paragraph 4
was temporary in nature.
Note: The lead line to section 21 was a part of the measure
proposed by initiative petition filed April 23, 1991, and adopted
by the people Nov. 3, 1992.
Section 22. Political campaign contribution limitations.
Section (1) 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) 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) 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) A violation of Section (3) shall be an unclassified
felony.
Created through initiative petition filed Jan. 25, 1993, adopted
by people Nov. 8, 1994
Note: Initiative petition (Measure No. 6) proposed
constitutional amendment as unnumbered section. Sections (1),
(2), (3) and (4) were designated SECTION 1., SECTION 2., SECTION
3. and SECTION 4., respectively, by initiative petition (Measure
No. 6) adopted by people Nov. 8, 1994.
ARTICLE III
DISTRIBUTION OF POWERS
Sec.1. Separation of powers
2. Budgetary control over executive and administrative
officers and agencies
3. Joint legislative committee to allocate emergency fund
appropriations and to authorize expenditures beyond
budgetary limits
4. Senate, confirmation of executive appointments
Section 1. Separation of powers. The powers of the Government
shall be divided into three seperate (sic) departments, the
Legislative, the Executive, including the administrative, and the
Judicial; and no person charged with official duties under one of
these departments, shall exercise any of the functions of
another, except as in this Constitution expressly provided. --
Section 2. Budgetary control over executive and administrative
officers and agencies. The Legislative Assembly shall have power
to establish an agency to exercise budgetary control over all
executive and administrative state officers, departments, boards,
commissions and agencies of the State Government.
Created through S.J.R. No. 24, 1951, adopted by people Nov. 4,
1952
Note: Section 2 was designated as 'Sec. 1' by S.J.R. No. 24,
1951, adopted by people Nov. 4, 1952.
Section 3. Joint legislative committee to allocate emergency
fund appropriations and to authorize expenditures beyond
budgetary limits. (1) The Legislative Assembly is authorized to
establish by law a joint committee composed of members of both
houses of the Legislative Assembly, the membership to be as fixed
by law, which committee may exercise, during the interim between
sessions of the Legislative Assembly, such of the following
powers as may be conferred upon it by law:
(a) Where an emergency exists, to allocate to any state agency,
out of any emergency fund that may be appropriated to the
committee for that purpose, additional funds beyond the amount
appropriated to the agency by the Legislative Assembly, or funds
to carry on an activity required by law for which an
appropriation was not made.
(b) Where an emergency exists, to authorize any state agency to
expend, from funds dedicated or continuously appropriated for the
uses and purposes of the agency, sums in excess of the amount of
the budget of the agency as approved in accordance with law.
(c) In the case of a new activity coming into existence at such
a time as to preclude the possibility of submitting a budget to
the Legislative Assembly for approval, to approve, or revise and
approve, a budget of the money appropriated for such new
activity.
(d) Where an emergency exists, to revise or amend the budgets
of state agencies to the extent of authorizing transfers between
expenditure classifications within the budget of an agency.
(2) The Legislative Assembly shall prescribe by law what shall
constitute an emergency for the purposes of this section.
(3) As used in this section, 'state agency' means any elected
or appointed officer, board, commission, department, institution,
branch or other agency of the state government.
(4) The term of members of the joint committee established
pursuant to this section shall run from the adjournment of one
regular session to the organization of the next regular session.
No member of a committee shall cease to be such member solely by
reason of the expiration of his term of office as a member of the
Legislative Assembly.
Created through S.J.R. No. 24, 1951, adopted by people Nov. 4,
1952
Note: Section 3 was designated as 'Sec. 2' by S.J.R. No. 24,
1951, adopted by people Nov. 4, 1952.
Section 4. Senate confirmation of executive appointments. (1)
The Legislative Assembly in the manner provided by law may
require that all appointments and reappointments to state public
office made by the Governor shall be subject to confirmation by
the Senate.
(2) The appointee shall not be eligible to serve until
confirmed in the manner required by law and if not confirmed in
that manner, shall not be eligible to serve in the public office.
(3) In addition to appointive offices, the provisions of this
section shall apply to any state elective office when the
Governor is authorized by law or this Constitution to fill any
vacancy therein, except the office of judge of any court, United
States Senator or Representative and a district, county or
precinct office.
Created through S.J.R. 20, 1977, adopted by people Nov. 7, 1978
ARTICLE IV
LEGISLATIVE DEPARTMENT
Sec.1. Legislative power; initiative and referendum
2. Number of Senators and Representatives
3. How Senators and Representatives chosen; filling
vacancies; qualifications
3a. Applicability of qualifications for appointment to
legislative vacancy
4. Term of office of legislators; classification of Senators
6. Apportionment of Senators and Representatives
7. Senatorial districts; senatorial and representative
subdistricts
8. Qualification of Senators and Representatives; effect of
felony conviction
8a. Applicability of qualification for legislative office
9. Legislators free from arrest and not subject to civil
process in certain cases; words uttered in debate
10. Regular sessions of the Legislative Assembly
10a. Emergency sessions of the Legislative Assembly
11. Legislative officers; rules of proceedings; adjournments
12. Quorum; failure to effect organization
13. Journal; when yeas and nays to be entered
14. Deliberations to be open; rules to implement requirement
15. Punishment and expulsion of members
16. Punishment of nonmembers
17. General powers of Legislative Assembly
18. Where bills to originate
19. Reading of bills; vote on final passage
20. Subject and title of Act
21. Acts to be plainly worded
22. Mode of revision and amendment
23. Certain local and special laws prohibited
24. Suit against state
25. Majority necessary to pass bills and resolutions;
signatures of presiding officers required
26. Protest by member
27. All statutes public laws; exceptions
28. When Act takes effect
29. Compensation of members
30. Members not eligible to other offices
31. Oath of members
32. Income tax defined by federal law; review of tax laws
required
33. Reduction of criminal sentences approved by initiative
process
Section 1. Legislative power; initiative and referendum. (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. The Legislative
Assembly shall provide by law for the manner in which the
Secretary of State shall determine whether a petition contains
the required number of signatures of qualified voters. The
Secretary of State shall complete the verification process within
the 15-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.
Created through H.J.R. No. 16, 1967, adopted by people May 28,
1968 (this section adopted in lieu of former sections 1 and 1a of
this Article); Amendment proposed by S.J.R. 27, 1985, and adopted
by people May 20, 1986
Section 1. Legislative authority vested in assembly; initiative
and referendum; style of bills. Constitution of 1859; Amendment
proposed by H.J.R. No. 1, 1901, and adopted by people June 2,
1902; Amendment proposed by S.J.R. No. 6, 1953, and adopted by
people Nov. 2, 1954; Repeal proposed by H.J.R. No. 16, 1967, and
adopted by people May 28, 1968 (present section 1 of this Article
adopted in lieu of this section)
Section 1a. Initiative and referendum on parts of laws and on
local, special and municipal laws. Created through initiative
petition filed Feb. 3, 1906, adopted by people June 4, 1906;
Repeal proposed by H.J.R. No. 16, 1967, and adopted by people May
28, 1968 (present section 1 of this Article adopted in lieu of
this section)
Section 2. Number of Senators and Representatives. The Senate
shall consist of sixteen, and the House of Representatives of
thirty four members, which number shall not be increased until
the year Eighteen Hundred and Sixty, after which time the
Legislative Assembly may increase the number of Senators and
Representatives, always keeping as near as may be the same ratio
as to the number of Senators, and Representatives: Provided that
the Senate shall never exceed thirty and the House of
Representatives sixty members. --
Section 3. How Senators and Representatives chosen; filling
vacancies; qualifications. (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
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 to the date of the appointment, whichever is
less.
Constitution of 1859; Amendment proposed by S.J.R. No. 20, 1929,
and adopted by people Nov. 4, 1930; Amendment proposed by H.J.R.
No. 20, 1953, and adopted by people Nov. 2, 1954; Amendment
proposed by S.J.R. 14, 1995, and adopted by people May 16, 1995
Section 3a. Applicability of qualifications for appointment to
legislative vacancy. (1) The amendment to section 3 of this
Article by Senate Joint Resolution 14 (1995) applies to any
person appointed to the office of state Senator or state
Representative on or after the effective date of the amendment to
section 8 of this Article by Senate Joint Resolution 14 (1995).
(2) This section is repealed December 31, 1999.
Section 3a was designated section 1b, which was created by
S.J.R. 14, 1995, and adopted by people May 16, 1995
Section 4. Term of office of legislators; classification of
Senators. (1) The Senators shall be elected for the term of four
years, and Representatives for the term of two years. The term of
each Senator and Representative shall commence on the second
Monday in January following his election, and shall continue for
the full period of four years or two years, as the case may be,
unless a different commencing day for such terms shall have been
appointed by law.
(2) The Senators shall continue to be divided into two classes,
in accordance with the division by lot provided for under the
former provisions of this Constitution, so that one-half, as
nearly as possible, of the number of Senators shall be elected
biennially.
(3) Any Senator or Representative whose term, under the former
provisions of this section, would have expired on the first
Monday in January 1961, shall continue in office until the second
Monday in January 1961.
Constitution of 1859; Amendment proposed by S.J.R. No. 23, 1951,
and adopted by people Nov. 4, 1952; Amendment proposed by S.J.R.
No. 28, 1959, and adopted by people Nov. 8, 1960
Section 5. Census. Constitution of 1859; Repeal proposed by
H.J.R. No. 16, 1971, and adopted by people May 23, 1972
Section 6. Apportionment of Senators and Representatives.
Constitution of 1859; Amendment proposed by initiative petition
filed July 3, 1952, and adopted by people Nov. 4, 1952; repeal
proposed by H.J.R. 6, 1985, and adopted by people Nov. 4, 1986
(present section 6 of this Article adopted in lieu of this
section)
Section 6. Apportionment of Senators and Representatives. (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.
Created through H.J.R. 6, 1985, adopted by people Nov. 4, 1986
(this section adopted in lieu of former section 6 of this
Article)
Section 7. Senatorial districts; senatorial and representative
subdistricts. A senatorial district, when more than one county
shall constitute the same, shall be composed of contiguous
counties, and no county shall be divided in creating such
senatorial districts. Senatorial or representative districts
comprising not more than one county may be divided into
subdistricts from time to time by law. Subdistricts shall be
composed of contiguous territory within the district; and the
ratios to population of senators or representatives, as the case
may be, elected from the subdistricts, shall be substantially
equal within the district.
Constitution of 1859; Amendment proposed by H.J.R. No. 20, 1953,
and adopted by people Nov. 2, 1954
Section 8. Qualification of Senators and Representatives;
effect of felony conviction. (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 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 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 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.
Amendment proposed by H.J.R. 6, 1985, and adopted by people Nov.
4, 1986; Amendment proposed by S.J.R. 33, 1993, and adopted by
people Nov. 8, 1994; Amendment proposed by S.J.R. 14, 1995, and
adopted by people May 16, 1995
Section 8a. Applicability of qualification for legislative
office. (1) The amendment to section 8 of this Article by Senate
Joint Resolution 14 (1995) applies to any person holding the
office of state Senator or state Representative on or after the
effective date of the amendment to section 8 of this Article by
Senate Joint Resolution 14 (1995).
(2) This section is repealed December 31, 1999.
Created by S.J.R. 14, 1995, and adopted by people May 16, 1995
Section 9. Legislators free from arrest and not subject to
civil process in certain cases; words uttered in debate. Senators
and Representatives in all cases, except for treason, felony, or
breaches of the peace, shall be privileged from arrest during the
session of the Legislative Assembly, and in going to and
returning from the same; and shall not be subject to any civil
process during the session of the Legislative Assembly, nor
during the fifteen days next before the commencement thereof: Nor
shall a member for words uttered in debate in either house, be
questioned in any other place. --
Section 10. Regular sessions of the Legislative Assembly. The
sessions of the Legislative Assembly shall be held biennially at
the Capitol of the State commencing on the second Monday of
September, in the year eighteen hundred and fifty eight, and on
the same day of every second year thereafter, unless a different
day shall have been appointed by law. --
Section 10a. Emergency sessions of the Legislative Assembly. In
the event of an emergency the Legislative Assembly shall be
convened by the presiding officers of both Houses at the Capitol
of the State at times other than required by section 10 of this
Article upon the written request of the majority of the members
of each House to commence within five days after receipt of the
minimum requisite number of requests.
Created through H.J.R. No. 28, 1975, and adopted by the people
Nov. 2, 1976
Section 11. Legislative officers; rules of proceedings;
adjournments. Each house when assembled, shall choose its own
officers, judge of the election, qualifications, and returns of
its own members; determine its own rules of proceeding, and sit
upon its own adjournments; but neither house shall without the
concurrence of the other, adjourn for more than three days, nor
to any other place than that in which it may be sitting. --
Section 12. Quorum; failure to effect organization. Two thirds
of each house shall constitute a quorum to do business, but a
smaller number may meet; adjourn from day to day, and compel the
attendance of absent members. A quorum being in attendance, if
either house fail to effect an organization within the first five
days thereafter, the members of the house so failing shall be
entitled to no compensation from the end of the said five days
until an organization shall have been effected. --
Section 13. Journal; when yeas and nays to be entered. Each
house shall keep a journal of its proceedings.--The yeas and nays
on any question, shall at the request of any two members, be
entered, together with the names of the members demanding the
same, on the journal; provided that on a motion to adjourn it
shall require one tenth of the members present to order the yeas,
and nays.
Section 14. Deliberations to be open; rules to implement
requirement. The deliberations of each house, of committees of
each house or joint committees and of committees of the whole,
shall be open. Each house shall adopt rules to implement the
requirement of this section and the houses jointly shall adopt
rules to implement the requirements of this section in any joint
activity that the two houses may undertake.
Amendment proposed by S.J.R. No. 36, 1973, and adopted by people
Nov. 5, 1974; Amendment proposed by H.J.R. No. 29, 1977, and
adopted by people May 23, 1978
Section 15. Punishment and expulsion of members. Either house
may punish its members for disorderly behavior, and may with the
concurrence of two thirds, expel a member; but not a second time
for the same cause. --
Section 16. Punishment of nonmembers. Either house, during its
session, may punish by imprisonment, any person, not a member,
who shall have been guilty of disrespect to the house by
disorderly or contemptious (sic) behavior in its presence, but
such imprisonment shall not at any time, exceed twenty (sic)
twenty four hours. --
Section 17. General powers of Legislative Assembly. Each house
shall have all powers necessary for a branch of the Legislative
Department, of a free, and independant (sic) State. --
Section 18. Where bills to originate. Bills may originate in
either house, but may be amended, or rejected in the other;
except that bills for raising revenue shall originate in the
House of Representatives. --
Section 19. Reading of bills; vote on final passage. Every bill
shall be read by title only on three several days, in each house,
unless in case of emergency two-thirds of the house where such
bill may be pending shall, by a vote of yeas and nays, deem it
expedient to dispense with this rule; provided, however, on its
final passage such bill shall be read section by section unless
such requirement be suspended by a vote of two-thirds of the
house where such bill may be pending, and the vote on the final
passage of every bill or joint resolution shall be taken by yeas
and nays.
Constitution of 1859; Amendment proposed by S.J.R. No. 15, 1945,
and adopted by people Nov. 5, 1946
Section 20. Subject and title of Act. Every Act shall embrace
but one subject, and matters properly connected therewith, which
subject shall be expressed in the title. But if any subject shall
be embraced in an Act which shall not be expressed in the title,
such Act shall be void only as to so much thereof as shall not be
expressed in the title.
This section shall not be construed to prevent the inclusion in
an amendatory Act, under a proper title, of matters otherwise
germane to the same general subject, although the title or titles
of the original Act or Acts may not have been sufficiently broad
to have permitted such matter to have been so included in such
original Act or Acts, or any of them.
Constitution of 1859; Amendment proposed by S.J.R. No. 41, 1951,
and adopted by people Nov. 4, 1952
Section 21. Acts to be plainly worded. Every act, and joint
resolution shall be plainly worded, avoiding as far as
practicable the use of technical terms. --
Section 22. Mode of revision and amendment. No act shall ever
be revised, or amended by mere reference to its title, but the
act revised, or section amended shall be set forth, and published
at full length. However, if, at any session of the Legislative
Assembly, there are enacted two or more acts amending the same
section, each of the acts shall be given effect to the extent
that the amendments do not conflict in purpose. If the amendments
conflict in purpose, the act last signed by the Governor shall
control.
Constitution of 1859; Amendment proposed by S.J.R. No. 28, 1975,
and adopted by people Nov. 2, 1976
Section 23. Certain local and special laws prohibited. The
Legislative Assembly, shall not pass special or local laws, in
any of the following enumerated cases, that is to say: --
Regulating the jurisdiction, and duties of justices of the
peace, and of constables;
For the punishment of Crimes, and Misdemeanors;
Regulating the practice in Courts of Justice;
Providing for changing the venue in civil, and Criminal cases;
Granting divorces;
Changing the names of persons;
For laying, opening, and working on highways, and for the
election, or appointment of supervisors;
Vacating roads, Town plats, Streets, Alleys, and Public
squares;
Summoning and empanneling (sic) grand, and petit jurors;
For the assessment and collection of Taxes, for State, County,
Township, or road purposes;
Providing for supporting Common schools, and for the
preservation of school funds;
In relation to interest on money;
Providing for opening, and conducting the elections of State,
County, and Township officers, and designating the places of
voting;
Providing for the sale of real estate, belonging to minors, or
other persons laboring under legal disabilities, by executors,
administrators, guardians, or trustees. --
Section 24. Suit against state. Provision may be made by
general law, for bringing suit against the State, as to all
liabilities originating after, or existing at the time of the
adoption of this Constitution; but no special act authorizeing
(sic) such suit to be brought, or making compensation to any
person claiming damages against the State, shall ever be passed.
--
Section 25. Majority necessary to pass bills and resolutions;
signatures of presiding officers required. A majority of all the
members elected to each House shall be necessary to pass every
bill, or Joint resolution; and all bills, and Joint resolutions
so passed, shall be signed by the presiding officers of the
respective houses. --
Section 26. Protest by member. Any member of either house,
shall have the right to protest, and have his protest, with his
reasons for dissent, entered on the journal. --
Section 27. All statutes public laws; exceptions. Every Statute
shall be a public law, unless otherwise declared in the Statute
itself. --
Section 28. When Act takes effect. No act shall take effect,
until ninety days from the end of the session at which the same
shall have been passed, except in case of emergency; which
emergency shall be declared in the preamble, or in the body of
the law.
Section 29. Compensation of members. The members of the
Legislative Assembly shall receive for their services a salary to
be established and paid in the same manner as the salaries of
other elected state officers and employes.
Constitution of 1859; Amendment proposed by S.J.R. No. 3, 1941,
and adopted by people Nov. 3, 1942; Amendment proposed by H.J.R.
No. 5, 1949, and adopted by people Nov. 7, 1950; Amendment
proposed by H.J.R. No. 8, 1961, and adopted by people May 18,
1962
Section 30. Members not eligible to other offices. No Senator
or Representative shall, during the time for which he may have
been elected, be eligible to any office the election to which is
vested in the Legislative Assembly; nor shall be appointed to any
civil office of profit which shall have been created, or the
emoluments of which shall have been increased during such term;
but this latter provision shall not be construed to apply to any
officer elective by the people. --
Section 31. Oath of members. The members of the Legislative
Assembly shall before they enter on the duties of their
respective offices, take and subscribe the following oath or
affirmation;--I do solemnly swear (or affirm as the case may be)
that I will support the Constitution of the United States, and
the Constitution of the State of Oregon, and that I will
faithfully discharge the duties of Senator (or Representative as
the case may be) according to the best of my Ability, And such
oath may be administered by the Govenor (sic), Secretary of
State, or a judge of the Supreme Court. --
Section 32. Income tax defined by federal law; review of tax
laws required. Notwithstanding any other provision of this
Constitution, the Legislative Assembly, in any law imposing a tax
or taxes on, in respect to or measured by income, may define the
income on, in respect to or by which such tax or taxes are
imposed or measured, by reference to any provision of the laws of
the United States as the same may be or become effective at any
time or from time to time, and may prescribe exceptions or
modifications to any such provisions. At each regular session the
Legislative Assembly shall, and at any special session may,
provide for a review of the Oregon laws imposing a tax upon or
measured by income, but no such laws shall be amended or repealed
except by a legislative Act.
Created through H.J.R. 3, 1969, and adopted by people Nov. 3,
1970
Section 33. Reduction of criminal sentences approved by
initiative process. Notwithstanding the provisions of section 25
of this Article, a two-thirds vote of all the members elected to
each house shall be necessary to pass a bill that reduces a
criminal sentence approved by the people under section 1 of this
Article.
Created through initiative petition filed Nov. 16, 1993, adopted
by people Nov. 8, 1994
ARTICLE V
EXECUTIVE DEPARTMENT
Sec.1. Governor as chief executive; term of office; period of
eligibility
2. Qualifications of Governor
3. Who not eligible
4. Election of Governor
5. Greatest number of votes decisive; election by legislature
in case of tie
6. Contested elections
7. Term of office
8a. Vacancy in office of Governor
9. Governor as commander in chief of state military forces
10. Governor to see laws executed
11. Recommendations to legislature
12. Governor may convene legislature
13. Transaction of governmental business
14. Reprieves, commutations and pardons; remission of fines
and forfeitures
15a. Single item and emergency clause veto
15b. Legislative enactments; approval by Governor; notice of
intention to disapprove; disapproval and reconsideration
by legislature; failure of Governor to return bill
16. Governor to fill vacancies by appointment
17. Governor to issue writs of election to fill vacancies in
legislature
18. Commissions
Section 1. Governor as chief executive; term of office; period
of eligibility. The cheif (sic) executive power of the State,
shall be vested in a Governor, who shall hold his office for the
term of four years; and no person shall be eligible to such
office more than Eight, in any period of twelve years. --
Section 2. Qualifications of Governor. No person except a
citizen of the United States, shall be eligible to the Office of
Governor, nor shall any person be eligible to that office who
shall not have attained the age of thirty years, and who shall
not have been three years next preceding his election, a resident
within this State. The minimum age requirement of this section
does not apply to a person who succeeds to the office of Governor
under section 8a of this Article.
Amendment proposed by H.J.R. No. 52, 1973, and adopted by people
Nov. 5, 1974
Section 3. Who not eligible. No member of Congress, or person
holding any office under the United States, or under this State,
or under any other power, shall fill the Office of Governor,
except as may be otherwise provided in this Constitution. --
Section 4. Election of Governor. 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; 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. --
Section 5. Greatest number of votes decisive; election by
legislature in case of tie. The person having the highest number
of votes for Governor, shall be elected; but in case two or more
persons shall have an equal and the highest number of votes for
Governor, the two houses of the Legislative Assembly at the next
regular session thereof, shall forthwith by joint vote, proceed
to elect one of the said persons Governor. --
Section 6. Contested elections. Contested Elections for
Governor shall be determined by the Legislative Assembly in such
manner as may be prescribed by law. --
Section 7. Term of office. The official term of the Governor
shall be four years; and shall commence at such times as may be
prescribed by this constitution, or prescribed by law. --
Section 8. Vacancy in office of Governor. Constitution of
1859; Amendment proposed by S.J.R. No. 10, 1920 (s.s.), and
adopted May 21, 1920; Amendment proposed by S.J.R. No. 8, 1945,
and adopted by people Nov. 5, 1946; Repeal proposed by initiative
petition filed July 7, 1972, and adopted by people Nov. 7, 1972
(present section 8a of this Article adopted in lieu of this
section)
Section 8a. Vacancy in office of Governor. In case of the
removal from office of the Governor, or of his death,
resignation, or disability to discharge the duties of his office
as prescribed by law, the Secretary of State; or if there be
none, or in case of his removal from office, death, resignation,
or disability to discharge the duties of his office as prescribed
by law, then the State Treasurer; or if there be none, or in case
of his removal from office, death, resignation, or disability to
discharge the duties of his office as prescribed by law, then the
President of the Senate; or if there be none, or in case of his
removal from office, death, resignation, or disability to
discharge the duties of his office as prescribed by law, then the
Speaker of the House of Representatives, shall become Governor
until the disability be removed, or a Governor be elected at the
next general biennial election. The Governor elected to fill the
vacancy shall hold office for the unexpired term of the outgoing
Governor. The Secretary of State or the State Treasurer shall
appoint a person to fill his office until the election of a
Governor, at which time the office so filled by appointment shall
be filled by election; or, in the event of a disability of the
Governor, to be Acting Secretary of State or Acting State
Treasurer until the disability be removed. The person so
appointed shall not be eligible to succeed to the office of
Governor by automatic succession under this section during the
term of his appointment.
Created through initiative petition filed July 7, 1972, adopted
by people Nov. 7, 1972 (this section adopted in lieu of former
section 8 of this Article)
Section 9. Governor as commander in chief of state military
forces. The Governor shall be commander in cheif (sic) of the
military, and naval forces of this State, and may call out such
forces to execute the laws, to suppress insurection (sic), or to
repel invasion.
Section 10. Governor to see laws executed. He shall take care
that the Laws be faithfully executed. --
Section 11. Recommendations to legislature. He shall from time
to time give to the Legislative Assembly information touching the
condition of the State, and reccommend (sic) such measures as he
shall judge to be expedient .
Section 12. Governor may convene legislature. He may on
extraordinary occasions convene the Legislative Assembly by
proclamation, and shall state to both houses when assembled, the
purpose for which they shall have been convened. --
Section 13. Transaction of governmental business. He shall
transact all necessary business with the officers of government,
and may require information in writing from the offices of the
Administrative, and Military Departments upon any subject
relating to the duties of their respective offices. --
Section 14. Reprieves, commutations and pardons; remission of
fines and forfeitures. He shall have power to grant reprieves,
commutations, and pardons, after conviction, for all offences
(sic) except treason, subject to such regulations as may be
provided by law. Upon conviction for treason he shall have power
to suspend the execution of the sentence until the case shall be
reported to the Legislative Assembly, at its next meeting, when
the Legislative Assembly shall either grant a pardon, commute the
sentence, direct the execution of the sentence, or grant a
farther (sic) reprieve. --
He shall have power to remit fines, and forfeitures, under such
regulations as may be prescribed by law; and shall report to the
Legislative Assembly at its next meeting each case of reprieve,
commutation, or pardon granted, and the reasons for granting the
same; and also the names of all persons in whose favor remission
of fines, and forfeitures shall have been made, and the several
amounts remitted .
Section 15. This section of the Constitution of 1859 was
redesignated as section 15b by the amendment proposed by S.J.R.
No. 12, 1915, and adopted by people Nov. 7, 1916
Section 15a. Single item and emergency clause veto. The
Governor shall have power to veto single items in appropriation
bills, and any provision in new bills declaring an emergency,
without thereby affecting any other provision of such bill.
Created through S.J.R. No. 12, 1915, adopted by people Nov. 7,
1916; Amendment proposed by S.J.R. No. 13, 1921, and adopted by
people June 7, 1921
Section 15b. Legislative enactments; approval by Governor;
notice of intention to disapprove; disapproval and
reconsideration by legislature; failure of Governor to return
bill. (1) Every bill which shall have passed the Legislative
Assembly shall, before it becomes a law, be presented to the
Governor; if the Governor approve, the Governor shall sign it;
but if not, the Governor shall return it with written objections
to that house in which it shall have originated, which house
shall enter the objections at large upon the journal and proceed
to reconsider it.
(2) If, after such reconsideration, two-thirds of the members
present shall agree to pass the bill, it shall be sent, together
with the objections, to the other house, by which it shall
likewise be reconsidered, and, if approved by two-thirds of the
members present, it shall become a law. But in all such cases,
the votes of both houses shall be determined by yeas and nays,
and the names of the members voting for or against the bill shall
be entered on the journal of each house respectively.
(3) If any bill shall not be returned by the Governor within
five days (Saturdays and Sundays excepted) after it shall have
been presented to the Governor, it shall be a law without
signature, unless the general adjournment shall prevent its
return, in which case it shall be a law, unless the Governor
within thirty days next after the adjournment (Saturdays and
Sundays excepted) shall file such bill, with written objections
thereto, in the office of the Secretary of State, who shall lay
the same before the Legislative Assembly at its next session in
like manner as if it had been returned by the Governor.
(4) Before filing a bill after adjournment with written
objections, the Governor must announce publicly the possible
intention to do so at least five days before filing the bill with
written objections. However, nothing in this subsection requires
the Governor to file any bill with objections because of the
announcement.
Created through S.J.R. No. 12, 1915, adopted by people Nov. 7,
1916; Amendment proposed by H.J.R. No. 9, 1937, and adopted by
people Nov. 8, 1938; amendment proposed by S.J.R. 4, 1987, and
adopted by people Nov. 8, 1988
Note: See Article V Ý15 note.
Section 16. Governor to fill vacancies by appointment. When
during a recess of the legislative assembly a vacancy occurs in
any office, the appointment to which is vested in the legislative
assembly, or when at any time a vacancy occurs in any other state
office, or in the office of judge of any court, the governor
shall fill such vacancy by appointment, which shall expire when a
successor has been elected and qualified. When any vacancy occurs
in any elective office of the state or of any district or county
thereof, the vacancy shall be filled at the next general
election, provided such vacancy occurs more than sixty-one (61)
days prior to such general election.
Constitution of 1859; Amendment proposed by H.J.R. No. 5, 1925,
and adopted by people Nov. 2, 1926; Amendment proposed by H.J.R.
30, 1985, and adopted by people May 20, 1986; Amendment proposed
by S.J.R. 4, 1993, and adopted by people Nov. 8, 1994
Note: The lead line to section 16 was a part of the measure
submitted to the people by H.J.R. No. 5, 1925.
Section 17. Governor to issue writs of election to fill
vacancies in legislature. He shall issue writs of Election to
fill such vacancies as may have occured (sic) in the Legislative
Assembly.
Section 18. Commissions. All commissions shall issue in the
name of the State; shall be signed by the Govenor (sic), sealed
with the seal of the State, and attested by the Secretary of
State. --
ARTICLE VI
ADMINISTRATIVE DEPARTMENT
Sec.1. Election of Secretary and Treasurer of state; terms of
office; period of eligibility
2. Duties of Secretary of State
3. Seal of state
4. Powers and duties of Treasurer
5. Offices and records of executive officers
6. County officers
7. Other officers
8. County officers' qualifications; location of offices of
county and city officers; duties of such officers
9. Vacancies of county, township, precinct and city offices
10. County home rule under county charter
Section 1. Election of Secretary and Treasurer of state; terms
of office; period of eligibility. There shall be elected by the
qualified electors of the State, at the times and places of
choosing Members of the Legislative Assembly, a Secretary, and
Treasurer of State, who shall severally hold their offices for
the term of four years; but no person shall be eligible to either
of said offices more than Eight in any period of Twelve years. --
Section 2. Duties of Secretary of State. The Secretary of State
shall keep a fair record of the official acts of the Legislative
Assembly, and Executive Department of the State; and shall when
required lay the same, and all matters relative thereto before
either branch of the Legislative Assembly. He shall be by virtue
of his office, Auditor of public Accounts, and shall perform such
other duties as shall be assigned him by law. --
Section 3. Seal of state. There shall be a seal of State, kept
by the Secretary of State for official purposes, which shall be
called 'The seal of the State of Oregon'. --
Section 4. Powers and duties of Treasurer. The powers, and
duties of the Treasurer of State shall be such as may be
prescribed by law. --
Section 5. Offices and records of executive officers. The
Governor, Secretary of State, and Treasurer of State shall
severally keep the public records, books and papers at the seat
of government in any manner relating to their respective offices.
Amendment proposed by S.J.R. 13, 1985, and adopted by people
Nov. 4, 1986
Section 6. County officers. There shall be elected in each
county by the qualified electors thereof at the time of holding
general elections, a county clerk, treasurer and sheriff who
shall severally hold their offices for the term of four years.
Constitution of 1859; Amendment proposed by initiative petition
filed June 9, 1920, and adopted by people Nov. 2, 1920; Amendment
proposed by H.J.R. No. 7, 1955, and adopted by people Nov. 6,
1956
Section 7. Other officers. Such other county, township,
precinct, and City officers as may be necessary, shall be
elected, or appointed in such manner as may be prescribed by law.
--
Section 8. County officers' qualifications; location of offices
of county and city officers; duties of such officers. Every
county officer shall be an elector of the county, and the county
assessor, county sheriff, county coroner and county surveyor
shall possess such other qualifications as may be prescribed by
law. All county and city officers shall keep their respective
offices at such places therein, and perform such duties, as may
be prescribed by law.
Constitution of 1859; Amendment proposed by H.J.R. No. 7, 1955,
and adopted by people Nov. 6, 1956; Amendment proposed by H.J.R.
No. 42, 1971, and adopted by people Nov. 7, 1972; Amendment
proposed by H.J.R. No. 22, 1973, and adopted by people Nov. 5,
1974
Section 9. Vacancies in county, township, precinct and city
offices. Vacancies in County, Township, precinct and City offices
shall be filled in such manner as may be prescribed by law. --
Section 9a. County manager form of government. Created through
H.J.R. No. 3, 1943, adopted by people Nov. 7, 1944; Repeal
proposed by H.J.R. No. 22, 1957, and adopted by people Nov. 4,
1958
Section 10. County home rule under county charter. The
Legislative Assembly shall provide by law a method whereby the
legal voters of any county, by majority vote of such voters
voting thereon at any legally called election, may adopt, amend,
revise or repeal a county charter. A county charter may provide
for the exercise by the county of authority over matters of
county concern. Local improvements shall be financed only by
taxes, assessments or charges imposed on benefited property,
unless otherwise provided by law or charter. A county charter
shall prescribe the organization of the county government and
shall provide directly, or by its authority, for the number,
election or appointment, qualifications, tenure, compensation,
powers and duties of such officers as the county deems necessary.
Such officers shall among them exercise all the powers and
perform all the duties, as distributed by the county charter or
by its authority, now or hereafter, by the Constitution or laws
of this state, granted to or imposed upon any county officer.
Except as expressly provided by general law, a county charter
shall not affect the selection, tenure, compensation, powers or
duties prescribed by law for judges in their judicial capacity,
for justices of the peace or for district attorneys. The
initiative and referendum powers reserved to the people by this
Constitution hereby are further reserved to the legal voters of
every county relative to the adoption, amendment, revision or
repeal of a county charter and to legislation passed by counties
which have adopted such a charter; and no county shall require
that referendum petitions be filed less than 90 days after the
provisions of the charter or the legislation proposed for
referral is adopted by the county governing body. To be
circulated, referendum or initiative petitions shall set forth in
full the charter or legislative provisions proposed for adoption
or referral. Referendum petitions shall not be required to
include a ballot title to be circulated. In a county a number of
signatures of qualified voters equal to but not greater than four
percent of the total number of all votes cast in the county 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 shall be required for a petition to order a
referendum on county legislation or a part thereof. A number of
signatures equal to but not greater than six percent of the total
number of votes cast in the county 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
shall be required for a petition to propose an initiative
ordinance. A number of signatures equal to but not greater than
eight percent of the total number of votes cast in the county 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 shall be required for a petition to propose a
charter amendment.
Created through H.J.R. No. 22, 1957, adopted by people Nov. 4,
1958; Amendment proposed by S.J.R. No. 48, 1959, and adopted by
people Nov. 8, 1960; Amendment proposed by H.J.R. No. 21, 1977,
and adopted by people May 23, 1978
ARTICLE VII (Amended)
JUDICIAL DEPARTMENT
Sec.1. Courts; election of judges; term of office; compensation
1a. Retirement of judges; recall to temporary active service
2. Amendment's effect on courts, jurisdiction and judicial
system; Supreme Court's original jurisdiction
2a. Temporary appointment and assignment of judges
2b. Inferior courts may be affected in certain respects by
special or local laws
3. Jury trial; re-examination of issues by appellate court;
record on appeal to Supreme Court; affirmance
notwithstanding error; determination of case by Supreme
Court
4. Supreme Court; terms; statements of decisions of court
5. Juries; indictment; information; verdict in civil cases
6. Incompetency or malfeasance of public officer
7. Oath of office of Judges of Supreme Court
8. Removal, suspension or censure of judges
9. Juries of less than 12 jurors
Section 1. Courts; election of judges; term of office;
compensation. The judicial power of the state shall be vested in
one supreme court and in such other courts as may from time to
time be created by law. The judges of the supreme and other
courts shall be elected by the legal voters of the state or of
their respective districts for a term of six years, and shall
receive such compensation as may be provided by law, which
compensation shall not be diminished during the term for which
they are elected.
Created through initiative petition filed July 7, 1910, adopted
by people Nov. 8, 1910
Section 1a. Retirement of judges; recall to temporary active
service. Notwithstanding the provisions of section 1, Article VII
(Amended) of this Constitution, a judge of any court shall retire
from judicial office at the end of the calendar year in which he
attains the age of 75 years. The Legislative Assembly or the
people may by law:
(1) Fix a lesser age for mandatory retirement not earlier than
the end of the calendar year in which the judge attains the age
of 70 years;
(2) Provide for recalling retired judges to temporary active
service on the court from which they are retired; and
(3) Authorize or require the retirement of judges for physical
or mental disability or any other cause rendering judges
incapable of performing their judicial duties.
This section shall not affect the term to which any judge shall
have been elected or appointed prior to or at the time of
approval and ratification of this section.
Created through S.J.R. No. 3, 1959, adopted by people Nov. 8,
1960
Section 2. Amendment's effect on courts, jurisdiction and
judicial system; Supreme Court's original jurisdiction. The
courts, jurisdiction, and judicial system of Oregon, except so
far as expressly changed by this amendment, shall remain as at
present constituted until otherwise provided by law. But the
supreme court may, in its own discretion, take original
jurisdiction in mandamus, quo warranto and habeas corpus
proceedings.
Created through initiative petition filed July 7, 1910, adopted
by people Nov. 8, 1910
Section 2a. Temporary appointment and assignment of judges. The
Legislative Assembly or the people may by law empower the Supreme
Court to:
(1) Appoint retired judges of the Supreme Court or judges of
courts inferior to the Supreme Court as temporary members of the
Supreme Court.
(2) Appoint members of the bar as judges pro tempore of courts
inferior to the Supreme Court.
(3) Assign judges of courts inferior to the Supreme Court to
serve temporarily outside the district for which they were
elected.
A judge or member of the bar so appointed or assigned shall
while serving have all the judicial powers and duties of a
regularly elected judge of the court to which he is assigned or
appointed.
Created through S.J.R. No. 30, 1957, adopted by people Nov. 4,
1958
Section 2b. Inferior courts may be affected in certain respects
by special or local laws. Notwithstanding the provisions of
section 23, Article IV of this Constitution, laws creating courts
inferior to the Supreme Court or prescribing and defining the
jurisdiction of such courts or the manner in which such
jurisdiction may be exercised, may be made applicable:
(1) To all judicial districts or other subdivisions of this
state; or
(2) To designated classes of judicial districts or other
subdivisions; or
(3) To particular judicial districts or other subdivisions.
Created through S.J.R. No. 34, 1961, adopted by people Nov. 6,
1962
Section 3. Jury trial; re-examination of issues by appellate
court; record on appeal to Supreme Court; affirmance
notwithstanding error; determination of case by Supreme Court. In
actions at law, where the value in controversy shall exceed $200,
the right of trial by jury shall be preserved, and no fact tried
by a jury shall be otherwise re-examined in any court of this
state, unless the court can affirmatively say there is no
evidence to support the verdict. Until otherwise provided by law,
upon appeal of any case to the supreme court, either party may
have attached to the bill of exceptions the whole testimony, the
instructions of the court to the jury, and any other matter
material to the decision of the appeal. If the supreme court
shall be of opinion, after consideration of all the matters thus
submitted, that the judgment of the court appealed from was such
as should have been rendered in the case, such judgment shall be
affirmed, notwithstanding any error committed during the trial;
or if, in any respect, the judgment appealed from should be
changed, and the supreme court shall be of opinion that it can
determine what judgment should have been entered in the court
below, it shall direct such judgment to be entered in the same
manner and with like effect as decrees are now entered in equity
cases on appeal to the supreme court. Provided, that nothing in
this section shall be construed to authorize the supreme court to
find the defendant in a criminal case guilty of an offense for
which a greater penalty is provided than that of which the
accused was convicted in the lower court.
Created through initiative petition filed July 7, 1910, adopted
by people Nov. 8, 1910; Amendment proposed by H.J.R. No. 71,
1973, and adopted by people Nov. 5, 1974
Section 4. Supreme Court; terms; statements of decisions of
court. The terms of the supreme court shall be appointed by law;
but there shall be one term at the seat of government annually.
At the close of each term the judges shall file with the
secretary of state concise written statements of the decisions
made at that term.
Created through initiative petition filed July 7, 1910, adopted
by people Nov. 8, 1910
Section 5. Juries; indictment; information. Created through
initiative petition filed July 7, 1910, adopted by people Nov. 8,
1910; Amendment proposed by S.J.R. No. 23, 1957, and adopted by
people Nov. 4, 1958; Repeal proposed by S.J.R. No. 1, 1973, and
adopted by people Nov. 5, 1974 (present section 5 of this Article
adopted in lieu of this section)
Section 5. Juries; indictment; information; verdict in civil
cases. (1) The Legislative Assembly shall provide by law for:
(a) Selecting juries and qualifications of jurors;
(b) Drawing and summoning grand jurors from the regular jury
list at any time, separate from the panel of petit jurors;
(c) Empaneling more than one grand jury in a county; and
(d) The sitting of a grand jury during vacation as well as
session of the court.
(2) A grand jury shall consist of seven jurors chosen by lot
from the whole number of jurors in attendance at the court, five
of whom must concur to find an indictment.
(3) Except as provided in subsections (4) and (5) of this
section, a person shall be charged in a circuit court with the
commission of any crime punishable as a felony only on indictment
by a grand jury.
(4) The district attorney may charge a person on an information
filed in circuit court of a crime punishable as a felony if the
person appears before the judge of the circuit court and
knowingly waives indictment.
(5) The district attorney may charge a person on an information
filed in circuit court if, after a preliminary hearing before a
magistrate, the person has been held to answer upon a showing of
probable cause that a crime punishable as a felony has been
committed and that the person has committed it, or if the person
knowingly waives preliminary hearing.
(6) An information shall be substantially in the form provided
by law for an indictment. The district attorney may file an
amended indictment or information whenever, by ruling of the
court, an indictment or information is held to be defective in
form.
(7) In civil cases three-fourths of the jury may render a
verdict.
Created through S.J.R. No. 1, 1973, and adopted by people Nov.
5, 1974 (this section adopted in lieu of former section 5 of this
Article)
Section 6. Incompetency or malfeasance of public officer.
Public officers shall not be impeached; but incompetency,
corruption, malfeasance or delinquency in office may be tried in
the same manner as criminal offenses, and judgment may be given
of dismissal from office, and such further punishment as may have
been prescribed by law.
Created through initiative petition filed July 7, 1910, adopted
by people Nov. 8, 1910
Section 7. Oath of office of Judges of Supreme Court. Every
judge of the supreme court, before entering upon the duties of
his office, shall take and subscribe, and transmit to the
secretary of state, the following oath:
' I, _____________, do solemnly swear (or affirm) that I will
support the constitution of the United States, and the
constitution of the State of Oregon, and that I will faithfully
and impartially discharge the duties of a judge of the supreme
court of this state, according to the best of my ability, and
that I will not accept any other office, except judicial offices,
during the term for which I have been elected. '
Created through initiative petition filed July 7, 1910, adopted
by people Nov. 8, 1910
Section 8. Removal, suspension or censure of judges. (1) In the
manner provided by law, and notwithstanding section 1 of this
Article, a judge of any court may be removed or suspended from
his judicial office by the Supreme Court, or censured by the
Supreme Court, for:
(a) Conviction in a court of this or any other state, or of the
United States, of a crime punishable as a felony or a crime
involving moral turpitude; or
(b) Wilful misconduct in a judicial office where such
misconduct bears a demonstrable relationship to the effective
performance of judicial duties; or
(c) Wilful or persistent failure to perform judicial duties; or
(d) Generally incompetent performance of judicial duties; or
(e) Wilful violation of any rule of judicial conduct as shall
be established by the Supreme Court; or
(f) Habitual drunkenness or illegal use of narcotic or
dangerous drugs.
(2) Notwithstanding section 6 of this Article, the methods
provided in this section, section 1a of this Article and in
section 18, Article II of this Constitution, are the exclusive
methods of the removal, suspension, or censure of a judge.
Created through S.J.R. No. 9, 1967, adopted by people Nov. 5,
1968; Amendment proposed by S.J.R. No. 48, 1975, and adopted by
people May 25, 1976
Section 9. Juries of less than 12 jurors. Provision may be made
by law for juries consisting of less than 12 but not less than
six jurors.
Created through S.J.R. No. 17, 1971, adopted by people Nov. 7,
1972
ARTICLE VII (Original)
THE JUDICIAL DEPARTMENT
Note: Original Article VII, compiled below, has been supplanted
in part by amended Article VII and in part by statutes enacted by
the Legislative Assembly. The provisions of original Article VII
relating to courts, jurisdiction and the judicial system, by the
terms of section 2 of amended Article VII, are given the status
of a statute and are subject to change by statutes enacted by the
Legislative Assembly, except so far as changed by amended Article
VII.
Sec.1. Courts in which judicial power vested
2. Supreme Court
3. Terms of office of Judges
4. Vacancy
5. Chief Justice
6. Jurisdiction
7. Term of Supreme Court; statements of decisions of court
8. Circuit court
9. Jurisdiction of circuit courts
10. Supreme and circuit judges; election in classes
11. County judges and terms of county courts
12. Jurisdiction of county courts; county commissioners
13. Writs granted by county judge; habeas corpus proceedings
14. Expenses of court in certain counties
15. County clerk; recorder
16. Sheriff
17. Prosecuting attorneys
19. Official delinquencies
20. Removal of Judges of Supreme Court and prosecuting
attorneys from office
21. Oath of office of Supreme Court Judges
Section 1. Courts in which judicial power vested. The Judicial
power of the State shall be vested in a Suprume (sic) Court,
Circuits (sic) Courts, and County Courts, which shall be Courts
of Record having general jurisdiction, to be defined, limited,
and regulated by law in accordance with this
Constitution.--Justices of the Peace may also be invested with
limited Judicial powers, and Municipal Courts may be created to
administer the regulations of incorporated towns, and cities. --
Section 2. Supreme Court. The Supreme Court shall consist of
Four Justices to be chosen in districts by the electors thereof,
who shall be citizens of the United States, and who shall have
resided in the State at least three years next preceding their
election, and after their election to reside in their respective
districts:--The number of Justices, the Districts may be
increased, but shall not exceed five until the white population
of the State shall amount to One Hundred Thousand, and shall
never exceed seven; and the boundaries of districts may be
changed, but no Change of Districts, shall have the effect to
remove a Judge from office, or requre (sic) him to change his
residence without his consent. --
Section 3. Terms of office of Judges. The Judges first chosen
under this Constitution shall allot among themselves, their terms
of office, so that the term of one of them shall expire in Two
years, one in Four years, and Two in Six years, and thereafter,
one or more shall be chosen every Two years to serve for the term
of Six years. --
Section 4. Vacancy. Every vacancy in the office of Judge of the
Supreme Court shall be filled by election for the remainder of
the vacant term, unless it would expire at the next election, and
until so filled, or when it would so expire, the Governor shall
fill the vacancy by appointment. --
Section 5. Chief Justice. The Judge who has the shortest term
to serve, or the oldest of several having such shortest term, and
not holding by appointment shall be the Cheif (sic) Justice. --
Section 6. Jurisdiction. The Supreme Court shall have
jurisdiction only to revise the final decisions of the Circuit
Courts, and every cause shall be tried, and every decision shall
be made by those Judges only, or a majority of them, who did not
try the cause, or make the decision in the Circuit Court. --
Section 7. Term of Supreme Court; statements of decisions of
court. The terms of the Supreme Court shall be appointed by Law;
but there shall be one term at the seat of Government annually:
--
And at the close of each term the Judges shall file with the
Secretary of State, Concise written Statements of the decisions
made at that term. --
Note: Section 7 is in substance the same as section 4 of
amended Article VII.
Section 8. Circuit court. The Circuits (sic) Courts shall be
held twice at least in each year in each County organized for
judicial purposes, by one of the Justices of the Supreme Court at
times to be appointed by law; and at such other times as may be
appointed by the Judges severally in pursuance of law. --
Section 9. Jurisdiction of circuit courts. All judicial power,
authority, and jurisdiction not vested by this Constitution, or
by laws consistent therewith, exclusively in some other Court
shall belong to the Circuit Courts, and they shall have appellate
jurisdiction, and supervisory control over the County Courts, and
all other inferior Courts, Officers, and tribunals. --
Section 10. Supreme and circuit judges; election in classes.
When the white population of the State shall amount to Two
Hundred Thousand the Legislative Assembly, may provide for the
election of Supreme, and Circuit Judges, in distinct classes, one
of which classes shall consist of three Justices of the Supreme
Court, who shall not perform Circuit duty, and the other class
shall consist of the necessary number of Circuit Judges, who
shall hold full terms without allotment, and who shall take the
same oath as the Supreme Judges. --
Section 11. County judges and terms of county courts. There
shall be elected in each County for the term of Four years a
County Judge, who shall hold the County Court at times to be
regulated by law. --
Section 12. Jurisdiction of county courts; county
commissioners. The County Court shall have the jurisdiction
pertaining to Probate Courts, and boards of County Commissioners,
and such other powers, and duties, and such civil Jurisdiction,
not exceeding the amount or value of five hundred dollars, and
such criminal jurisdiction not extending to death or imprisonment
in the penitentiary, as may be prescribed by law.--But the
Legislative Assembly may provide for the election of Two
Commissioners to sit with the County Judge whilst transacting
County business, in any, or all of the Counties, or may provide a
seperate (sic) board for transacting such business. --
Section 13. Writs granted by county judge; habeas corpus
proceedings. The County Judge may grant preliminary injuctions
(sic), and such other writs as the Legislative Assembly may
authorize him to grant, returnable to the Circuit Court, or
otherwise as may be provided by law; and may hear, and decide
questions arising upon habeas corpus; provided such decision be
not against the authority, or proceedings of a Court, or Judge of
equal, or higher jurisdiction. --
Section 14. Expenses of court in certain counties. The Counties
having less than ten thousand white inhabitants, shall be
reimbersed (sic) wholly or in part for the salary, and expenses
of the County Court by fees, percentage, & other equitable
taxation, of the business done in said Court & in the office of
the County Clerk. --
Section 15. County clerk; recorder. A County Clerk shall be
elected in each County for the term of Two years, who shall keep
all the public records, books, and papers of the County; record
conveyances, and perform the duties of Clerk of the Circuit, and
County Courts, and such other duties as may be prescribed by
law:--But whenever the number of voters in any County shall
exceed Twelve Hundred, the Legislative Assembly may authorize the
election of one person as Clerk of the Circuit Court, one person
as Clerk of the County Court, and one person Recorder of
conveyances. --
Section 16. Sheriff. A sheriff shall be elected in each County
for the term of Two years, who shall be the ministerial officer
of the Circuit, and County Courts, and shall perform such other
duties as may be prescribed by law. --
Section 17. Prosecuting attorneys. There shall be elected by
districts comprised of one, or more counties, a sufficient number
of prosecuting Attorneys, who shall be the law officers of the
State, and of the counties within their respective districts, and
shall perform such duties pertaining to the administration of
Law, and general police as the Legislative Assembly may direct.
--
Section 18. Juries; indictment; information. Constitution of
1859; Amendment proposed by initiative petition filed January 30,
1908, and adopted by people June 1, 1908; Amendment proposed by
H.J.R. No. 14, 1927, and adopted by people June 28, 1927; Repeal
proposed by S.J.R. No. 23, 1957, and adopted by people Nov. 4,
1958
Section 19. Official delinquencies. Public Officers shall not
be impeached, but incompetency, corruption, malfeasance, or
delinquency in office may be tried in the same manner as criminal
offences (sic), and judgment may be given of dismissal from
Office, and such further punishment as may have been prescribed
by law. --
Note: Section 19 is the same as section 6 of amended Article
VII.
Section 20. Removal of Judges of Supreme Court and prosecuting
attorneys from office. The Govenor (sic) may remove from Office a
Judge of the Supreme Court, or Prosecuting Attorney upon the
Joint resolution of the Legislative Assembly, in which Two Thirds
of the members elected to each house shall concur, for
incompetency, Corruption, malfeasance, or delinquency in office,
or other sufficient cause stated in such resolution. --
Section 21. Oath of office of Supreme Court Judges. Every judge
of the Supreme Court before entering upon the duties of his
office shall take, subscribe, and transmit to the Secretary of
State the following oath.--I do solemnly swear (or
_____________
affirm) that I will support the Constitution of the United
States, and the constitution of the State of Oregon, and that I
will faithfully, and impartially discharge the duties of a Judge
of the Supreme, and Circuits (sic) Courts of said, State
according to the best of my ability, and that I will not accept
any other office, except Judicial offices during the term for
which I have been elected. --
ARTICLE VIII
EDUCATION AND SCHOOL LANDS
Sec.1. Superintendent of Public Instruction
2. Common School Fund
3. System of common schools
4. Distribution of school fund income
5. State Land Board; land management
6. Qualifications of voters in school elections
7. Prohibition of sale of state timber processed in Oregon
Section 1. Superintendent of Public Instruction. The Governor
shall be superintendent of public instruction, and his powers,
and duties in that capacity shall be such as may be prescribed by
law; but after the term of five years from the adoption of this
Constitution, it shall be competent for the Legislative Assembly
to provide by law for the election of a superintendent, to
provide for his compensation, and prescribe his powers and
duties. --
Section 2. Common School Fund. (1) The sources of the Common
School Fund are:
(a) The proceeds of all lands granted to this state for
educational purposes, except the lands granted to aid in the
establishment of institutions of higher education under the Acts
of February 14, 1859 (11 Stat. 383) and July 2, 1862 (12 Stat.
503).
(b) All the moneys and clear proceeds of all property which may
accrue to the state by escheat.
(c) The proceeds of all gifts, devises and bequests, made by
any person to the state for common school purposes.
(d) The proceeds of all property granted to the state, when the
purposes of such grant shall not be stated.
(e) The proceeds of the five hundred thousand acres of land to
which this state is entitled under the Act of September 4, 1841
(5 Stat. 455).
(f) The five percent of the net proceeds of the sales of public
lands to which this state became entitled on her admission into
the union.
(g) After providing for the cost of administration and any
refunds or credits authorized by law, the proceeds from any tax
or excise levied on, with respect to or measured by the
extraction, production, storage, use, sale, distribution or
receipt of oil or natural gas and the proceeds from any tax or
excise levied on the ownership of oil or natural gas. However,
the rate of such taxes shall not be greater than six percent of
the market value of all oil and natural gas produced or salvaged
from the earth or waters of this state as and when owned or
produced. This paragraph does not include proceeds from any tax
or excise as described in section 3, Article IX of this
Constitution.
(2) All revenues derived from the sources mentioned in
subsection (1) of this section shall become a part of the Common
School Fund. The State Land Board may expend moneys in the Common
School Fund to carry out its powers and duties under subsection
(2) of section 5 of