Article II

Section 1

 

NOTES OF DECISIONS

 

      Statutory provisions making recognition as “minor political party” contingent on demonstration of support from five percent of voting electorate are not contrary to provisions of Oregon and United States Constitutions. Libertarian Party of Oregon v. Roberts, 305 Or 238, 750 P2d 1147 (1988)

 

Art. II, Section 2

 

ATTY. GEN. OPINIONS: Invalidity of freeholder qualification on office of mayor or city councilman, (1972) Vol 35, p 1137

 

LAW REVIEW CITATIONS: 50 OLR 316 (1971)

 

Art. II, Section 3

 

ATTY. GEN. OPINIONS: Mentally diseased person as one judicially determined incompetent, (1972) Vol 35, p 1220; incarcerated persons eligible to register and receive absentee ballots, (1974) Vol 36, p 1053

 

Art. II, Section 4

 

ATTY. GEN. OPINIONS: Residency for voting of students not living with parents, (1971) Vol 35, p 933

 

Art. II, Section 8

 

NOTES OF DECISIONS

 

      Statutory provisions making recognition as “minor political party” contingent on demonstration of support from five percent of voting electorate are not contrary to provisions of Oregon and United States Constitutions. Libertarian Party of Oregon v. Roberts, 305 Or 238, 750 P2d 1147 (1988)

 

      Neither this section nor section 1, Article III, prohibits judicial branch from regulating election activities of its members and potential members. In re Fadeley, 310 Or 548, 802 P2d 31 (1990)

 

      “Other improper conduct” exerting undue influence on election means active, demonstrably coercive conduct similar in type to “power,” “bribery” and “tumult.” Picray v. Secretary of State, 140 Or App 592, 916 P2d 324 (1996), aff’d 325 Or 279, 936 P2d 974 (1997)

 

      Ability of legislature to regulate conduct at polling place is limited to regulating conduct that enables or prevents impediment of exercising suffrage. Picray v. Secretary of State, 140 Or App 592, 916 P2d 324 (1996), aff’d 325 Or 279, 936 P2d 974 (1997)

 

      Power to regulate elections is not reserved to Legislative Assembly. VanNatta v. Keisling, 324 Or 514, 931 P2d 770 (1997)

 

      “Elections” means events immediately related to act of selecting candidates or deciding measures. VanNatta v. Keisling, 324 Or 514, 931 P2d 770 (1997)

 

      Authority to prevent “undue influence” in elections refers only to preventing interference with actual act of voting and does not permit general regulation of campaigns. VanNatta v. Keisling, 324 Or 514, 931 P2d 770 (1997)

 

ATTY. GEN. OPINIONS: When one position of a public office is distinguishable from another such position, (1972) Vol 36, p 4; constitutionality of 180-day party registration requirement, (1974) Vol 36, p 875

 

Art. II, Section 10

 

ATTY. GEN. OPINIONS: Incumbent State Senator as eligible to be a candidate for another Senate seat, (1971) Vol 35, p 952; simultaneous service as a county commissioner on a county court and as a member of a local school board, (1973) Vol 36, p 381; same person as: judicial officer and member of teaching staff of community college or state supported school of higher education, (1975) Vol 37, p 444; service as municipal judge for more than one city, (1975) Vol 37, p 476; same person as: legislator and city or county employe, (1975) Vol 37, p 554; same person as state legislator and employe of mass transit district, (1975) Vol 37, p 565; inability of district attorney to serve as legislator, (1998) Vol 49, p 14

 

LAW REVIEW CITATIONS: 75 OLR 443 (1996)

 

Art. II, Section 14a

 

ATTY. GEN. OPINIONS: Election of city officers of all cities, (1973) Vol 36, p 697

 

Art. II, Section 18

 

ATTY. GEN. OPINIONS: Constitutionality of voiding petitions after 90 days, (1976) Vol 37, p 1399; recall procedure for “at large” county commissioner, (1976) Vol 38, p 364

 

Art. II, Section 19

 

NOTES OF DECISIONS

 

      Measure creating term limits for state legislators and state executive officers under this section and for Oregon members of Congress under section 20, Article II, was not validly adopted because amendments are not closely related to each other. Lehman v. Bradbury, 333 Or 231, 37 P3d 989 (2002)

 

Art. II, Section 20

 

NOTES OF DECISIONS

 

      This section was unenforceable upon adoption pursuant to United States Supreme Court ruling. Lehman v. Bradbury, 333 Or 231, 37 P3d 989 (2002)

 

Art. II, Section 22

 

NOTES OF DECISIONS

 

      Section does not exempt laws limiting campaign contributions by residents of district from section 8, Article I, analysis. VanNatta v. Keisling, 324 Or 514, 931 P2d 770 (1997)

 

Art. II, Sections 24 to 32

 

NOTES OF DECISIONS

 

      Ballot Measure 62 (1998), subsequently codified in part as sections 24 to 32, Article II of Oregon Constitution, was invalidly adopted. Swett v. Bradbury, 333 Or 597, 43 P3d 1094 (2002)