Article XVII

Section 1

NOTES OF DECISIONS

      Provision in joint resolution requiring that local government units representing majority of population ratify proposed sales tax and request that it be placed on ballot is unconstitutional under this section, which requires that legislature agree on submitting proposed amendments to the people for ratification. Hart v. Paulus, 296 Or 352, 676 P2d 1384 (1984)

      Requirement that two or more amendments must be voted upon separately is applicable to amendments submitted by initiative petition. Armatta v. Kitzhaber, 327 Or 250, 959 P2d 49 (1998)

      Whether measure constitutes “two or more amendments” depends both upon form of submitted amendment and potential change to existing constitution. Armatta v. Kitzhaber, 327 Or 250, 959 P2d 49 (1998)

      Separate-vote requirement imposes narrower restriction on initiative ballot measures than single-subject requirement under section 1, Article IV. Armatta v. Kitzhaber, 327 Or 250, 959 P2d 49 (1998)

      Whether amendment contains more than one change to constitution is determined by effect of measure on existing constitution, not form of amendment. Dale v. Keisling, 167 Or App 394, 999 P2d 1229 (2000); Swett v. Keisling, 171 Or App 119, 15 P3d 50 (2000), aff’d 333 Or 597, 43 P3d 1094 (2002); Lehman v. Bradbury, 333 Or 231, 37 P3d 989 (2002)

      Amendment effect on scope of other constitutional provisions is change to other constitutional provisions for purposes of separate-vote analysis. League of Oregon Cities v. State of Oregon, 334 Or 645, 56 P3d 892 (2002)

      Where proposed measure changed constitution by creating grant of authority and by placing limit on carrying out granted authority, changes to constitution were closely related for separate-vote purposes. Meyer v. Bradbury, 341 Or 288, 142 P3d 1031 (2006)

      Where amendment provision has no reason for existence without other amendment provision, two provisions are closely related for separate-vote purposes. Lincoln Interagency Narcotics Team v. Kitzhaber, 341 Or 496, 145 P3d 151 (2006)

      “Separate vote” requirement under this section is not violated where changes are closely-related and presented to voters in one ballot measure. State v. Rogers, 352 Or 510, 288 P3d 544 (2012)

ATTY. GEN. OPINIONS: Qualifications required for newly elected county assessor, (1974) Vol 36, p 898

LAW REVIEW CITATIONS: 70 OLR 685 (1991); 28 WLR 339 (1992); 74 OLR 1065 (1995); 78 OLR 1139 (1999); 40 WLR 225 (2004)

Art. XVII, Section 2

NOTES OF DECISIONS

      Revision of constitution cannot be accomplished by using initiative in lieu of action by Legislative Assembly. Lowe v. Keisling, 130 Or App 1, 882 P2d 91 (1994)

LAW REVIEW CITATIONS: 28 WLR 339 (1992); 74 OLR 1065 (1995); 40 WLR 225 (2004)