68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1498
House Joint Resolution 9
Sponsored by Representative MANNIX
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Proposes constitutional amendment to require runoff election if
no candidate for statewide partisan office receives majority of
votes in general election. Allows incumbent to hold office until
successor is elected.
Submits resolution to people at next regular general election.
JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. Section 16, Article II, sections 4 and 5,
Article V, and section 1, Article XV of the Constitution of the
State of Oregon, are amended to read:
{ + Sec. 16. + } { + (1) Except as provided in section 5,
Article V of this Constitution, and subsection (2) of this
section, + } 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 - } { + the elector's + }
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.
{ + (2) Notwithstanding subsection (1) of this section, a
candidate for the office of Secretary of State, Treasurer of
State or any other statewide office where nominations by
political parties are permitted by law who receives a majority of
the votes cast is elected. If no person receives a majority of
the votes cast for the office, a second election shall be held as
prescribed by law between the persons receiving the highest and
the second highest number of votes. The person receiving the
highest number of votes at the second election is elected. The
date of the second election shall be determined as provided by
law. + }
{ + Sec. 4. + } { + Except when a second election is
required under section 5 of this Article because no person
received a majority of the votes cast for 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 - } { + appropriate regular general
biennial election. + } The returns of every Election for Governor
{ - , - } shall be sealed up { - , - } and transmitted to the
Secretary of State { + . The Secretary of State shall determine
whether a person has received a majority of the votes cast for
Governor. If, after any election, the Secretary of State
determines that a person has received a majority of the votes
cast for Governor, the returns of the election shall be + }
{ - ; - } 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. { - - - }
{ + Sec. 5. + } { + Notwithstanding section 16, Article II
of this Constitution, + } the person { - having the highest
number of votes - } { + who receives a majority of the votes
cast + } 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. { - - - }
{ + Except where two or more persons shall have an equal and the
highest number of votes for Governor, if no person receives a
majority of the votes cast for Governor, a second election shall
be held as prescribed by law between the persons receiving the
highest and the second highest number of votes. The person
receiving the highest number of votes at the second election is
elected. The date of the second election shall be determined as
provided by law. + }
{ + Sec. 1. + } (1) All officers, except members of the
Legislative Assembly and incumbents who seek reelection and are
defeated, shall hold their offices until their successors are
elected, and qualified.
(2) If an incumbent seeks reelection and is defeated,
{ - he - } { + the incumbent + } shall hold office only until
the end of { - his - } { + the incumbent's + } term; and if
an election contest is pending in the courts regarding that
office when the term of such an incumbent ends and a successor to
the office has not been elected or if elected, has not qualified
because of such election contest, the person appointed to fill
the vacancy thus created shall serve only until the contest and
any appeal is finally determined notwithstanding any other
provision of this constitution.
{ + (3) Notwithstanding subsections (1) and (2) of this
section, an incumbent who seeks reelection and is defeated shall
hold office until a successor is elected and qualified if a
successor is not yet elected because a second election is
required to be held under section 16, Article II, or section 5,
Article V of this Constitution. + }
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at a special election held throughout this state on the same date
as the next regular general election. + }
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