ORS 188.125 Elector Challenge of Legislative Apportionment of State Into Congressional Districts; Elector Request For Court Apportionment of State Into Congressional Districts; Process; Time Frame; Standard of Review

• Library: Oregon Statutes
• Edition: 2023
• Currency: Current through legislation effective January 1, 2024
• Year: 2023
• Citation: ORS 188.125

(1) As used in this section:

(a) "Elector" has the meaning given that term in ORS 247.002.

(b) "Legislatively adopted reapportionment plan" means a plan for the reapportionment of congressional districts that has passed the Legislative Assembly and that is signed, or allowed to become law without signature, by the Governor.

(2) An elector may file a petition in Marion County Circuit Court on or before August 1 in the year following the federal decennial census to:

(a) Challenge a legislatively adopted reapportionment plan; or

(b) Request a reapportionment of congressional districts if:

(A) The Legislative Assembly failed to pass a reapportionment of congressional districts by July 1 of a regular session of the Legislative Assembly held in that same year; or

(B) The Governor vetoed the reapportionment of congressional districts passed by the Legislative Assembly and the Legislative Assembly did not override the veto.

(3) The Secretary of State shall serve as respondent in any petition filed under subsection (2) of this section.

(4) An elector may file a petition in Marion County Circuit Court on or before August 15 to intervene in a petition filed under subsection (2) of this section.

(5)

(a) A petition filed under subsection (2) or (4) of this section may include any materials from the legislative record relating to congressional reapportionment plans.

(b) A petition filed under subsection (2) of this section must include:

(A) The legislatively adopted reapportionment plan that is being challenged and an explanation of the factual and legal defects in the plan.

(B) If no legislatively adopted reapportionment plan was passed, the petition must include the petitioner's proposed reapportionment plan and an explanation of how the plan complies with all applicable statutes and the United States and Oregon Constitutions.

(c) A petition to intervene filed under subsection (4) of this section must include an explanation of the factual and legal defects with assertions made in a petition filed under subsection (2) of this section.

(6) If an elector files a petition under subsection (2) of this section, the Chief Justice of the Supreme Court shall appoint a special judicial panel. The panel shall consist of one state circuit court judge, senior judge or judge who is serving as a judge pro tempore under ORS 238.535(1)(c) from each congressional district in this state. The Chief Justice shall also select one of the appointed judges to preside over the special judicial panel and to make all rulings on procedural and evidentiary matters before the panel.

(7) Jurisdiction is vested in the special judicial panel described in subsection (6) of this section to decide any petitions filed under subsections (2) and (4) of this section. The panel may:

(a) Consolidate some or all petitions filed under subsections (2) and (4) of this section.

(b) Allow amicus curiae to file briefs and participate in oral arguments.

(c) Request that the Chief Justice appoint a special master to receive evidence and to prepare recommended findings of fact. Upon receiving such a request from the special judicial panel, the Chief Justice shall appoint a special master. A special master appointed by the Chief Justice under this paragraph must be a state circuit court judge, senior judge or judge who is serving as a judge pro tempore under ORS 238.535(1)(c).

(8) The special judicial panel shall employ the following standards in deciding upon a reapportionment plan:

(a) For a legislatively adopted reapportionment plan, the panel must affirm the plan if the plan complies with all applicable statutes and the United States and Oregon Constitutions. If the panel finds that the legislatively adopted reapportionment plan does not comply with applicable statutes or the United States or Oregon Constitution, the panel may create its own reapportionment plan. A reapportionment plan adopted by the panel under this paragraph must comply with all applicable statutes and the United States and Oregon Constitutions.