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 2614
Senate Joint Resolution 14
Sponsored by Senators MILLER, WALDEN, Representative BAUM;
Senators ADAMS, BAKER, BRADBURY, BRYANT, BUNN, CEASE, DERFLER,
DUKES, DWYER, HAMBY, HANNON, JOHNSON, KENNEMER, KINTIGH,
LEONARD, LIM, McCOY, PHILLIPS, SHANNON, SMITH, SORENSON,
SPRINGER, STULL, TIMMS, TROW, YIH, Representatives CLARNO,
FEDERICI, HAYDEN, LEWIS, LOKAN, LUKE, LUNDQUIST, MONTGOMERY,
OAKLEY, QUTUB, REPINE, ROBERTS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Proposes amendment to Oregon Constitution to require persons
appointed to office of state Senator or state Representative be
inhabitant of district for one year prior to appointment.
Requires inhabitancy in district during term of office of state
Senator or state Representative.
Submits resolution to people at next general election.
JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. Sections 3 and 8, Article IV of the Constitution
of the State of Oregon, are amended, and the Constitution of the
State of Oregon is amended by creating new sections 1b and 8a to
be added to and made a part of Article IV, such sections to read:
{ + Sec. 3. (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 from January 1 of the
year following the reapportionment to the date of the
appointment. + }
{ + SECTION 1b. + } { + (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.
Sec. 8. + } (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. + }
{ + SECTION 8a. + } { + (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. + }
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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