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Oregon Ballot Measure 40, Election of Judges by District (2006)

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Oregon Ballot Measure 40 was on the November 7, 2006 ballot in Oregon as an initiated constitutional amendment. It was defeated.

Measure 40, if it had been approved, would have required the Oregon Supreme Court judges And Oregon Court Of Appeals judges be elected by district.

Election results

Measure 40
ResultVotesPercentage
Defeatedd No749,40456.54%
Yes 576,153 43.46%
Election results from Oregon Blue Book website, accessed December 13, 2013

Text of measure

Ballot title

The official ballot title for Measure 40 was:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Amends Constitution: Requires Oregon Supreme Court Judges and Court of Appeals Judges To Be Elected by District[1]

Summary

The official ballot summary was:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Amends constitution. Currently, Oregon Supreme Court, Court of Appeals judges are elected by statewide vote; judges must live within state but have no other residency requirements. Measure divides state into seven population-based districts for electing Supreme Court judges; electors from each district elect one Supreme Court judge. Measure divides state into five population-based districts for electing other appellate court judges (except Tax Court); electors from each district elect two appellate court judges. Requires Supreme Court, Court of Appeals judges to reside within their districts; legislature to establish judicial districts and reapportion them when reapportioning legislative districts. Revises requirements for appointments to judicial vacancies and recall of judges; candidate is not considered incumbent when first running in newly created or reapportioned district. Other provisions.[2]

Financial impact

The official estimated financial impact statement was:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The financial effect of the measure on state government expenditures cannot be determined. The cost to implement the measure could range from none to $1.5 million per two-year budget period.

The measure will have no financial effect on state government revenue.

The measure will have no direct financial effect on local government expenditures or revenue.

See Voters' Pamphlet for Explanation of this Financial Impact.[2]

Full text

Below is the full text of the constitutional changes proposed by Measure 40:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

PREAMBLE: This initiative shall be known as the Judicial Accountability Act. It is designed to insure that the appellate courts of Oregon are accountable to the People and that they adequately represent all areas of the State. The Framers of the Oregon Constitution originally required districting, reasoning that districting would keep appellate judges more representative and accountable. This initiative will restore accountability and fair representation as envisioned by the Framers of the Oregon Constitution.

Paragraph 1. The Constitution of the State of Oregon is amended by creating new sections 1b, 1c, 1d, 1e, and 1f to be added to and made part of Article VII (Amended); such sections to read:

Section 1b. (1) The Supreme Court shall consist of seven judges. The state shall be divided by law into seven districts for the purpose of electing the judges of the Supreme Court and one judge shall be elected by the electors of each of the districts. The boundaries of the Supreme Court districts shall be determined based on population. The Legislative Assembly shall by law provide for regular reapportionment of the districts at the same time established for reapportionment of legislative districts.

(2) A person seeking election or being appointed to one of the Supreme Court positions, as a qualification for the position, must have been a resident of the appropriate Supreme Court district for a period of at least one year before the election for the position is conducted or the appointment made. A person so elected or appointed must remain a resident of the district throughout the term of office.

Section 1c. (1) The judges of any other appellate court created by law, other than one solely with jurisdiction over tax law, shall be elected by the electors of five appellate court districts. The state shall be divided by law into five districts for the purpose of electing the judges of any other appellate court, and two judges shall be elected by the electors of each of the districts. The boundaries of appellate districts shall be determined based on population. The Legislative Assembly shall by law provide for regular reapportionment of the districts at the same time established for reapportionment of legislative districts.

(2) A person seeking election or being appointed to one of the other appellate judge positions, as a qualification for the position, must have been a resident of the appropriate district for a period of at least one year before the election for the position is conducted or the appointment made. A person so elected or appointed must remain a resident of the district throughout the term of office.

Section 1d. (1) Except as provided in this subsection, a reapportionment of districts enacted by the Legislative Assembly becomes operative on the next date at which a judge will commence a term of office. On the effective date of the law reapportioning the districts, the reapportionment becomes operative for the purpose of nominating and electing judges for the districts established by the reapportionment, and for the purpose of determining residency of persons seeking election to a judge position. Any judge whose term continues through the next date on which a judge will commence a term of office shall be assigned to a district.

(2)(a) Except as provided in paragraph (b) of the subsection, a vacancy in a judge position that occurs after the effective date of the law reapportioning the districts and before the next date on which a judge will commence a term of office shall be filled from the district that existed before the effective date of the reapportionment.

(b) If a vacancy occurs in a judge position for a district to which a judge has been assigned under subsection (1) of this section, the vacancy shall be filled from the district to which the judge is assigned.

Section 1e. Notwithstanding section 18, Article II of this Constitution, a judge who has been assigned under section 1d of this Article is subject to recall by the electors of the district to which the judge is assigned and not by the electors of the district existing before the last reapportionment. The number of signatures required on the recall petition is 15 percent of the total votes cast for candidates for Governor at the last election before the effective date of the reapportionment in the district that existed before the latest reapportionment and that elected the judge.

Section 1f. (1) The Legislative Assembly at its next regular session after the election at which this 2006 Amendment was approved shall establish by law the districts required by sections 1b and 1c of this Article. Sections 1b and 1c of this Article shall first apply to the general election held in November 2008 and to judicial appointments made after the effective date of the law passed establishing the districts.

(2) Sections 1b and 1c of this Article do not affect the term of any judge who is serving on the effective date of sections 1b and 1c of this Article, but their positions shall be assigned a district under the law establishing the districts. A judge who is serving on the effective date of sections 1b and 1c of this Article and who thereafter seeks election to another term as judge of the Supreme Court or any other appellate court must meet the residency requirement imposed for that position.

(3) No candidate for a position on the Supreme Court or an appellate court shall be considered an incumbent the first time the candidate runs in a newly created or reapportioned judicial district.[3]

Summary

Below is a summary of Measure 40 provided on the Secretary of State voter guide:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Amends constitution. Currently, Oregon Supreme Court, Court of Appeals judges are elected by statewide vote; judges must live within state but have no other residency requirements. Measure divides state into seven population-based districts for electing Supreme Court judges; electors from each district elect one Supreme Court judge. Measure divides state into five population-based districts for electing other appellate court judges (except Tax Court); electors from each district elect two appellate court judges. Requires Supreme Court, Court of Appeals judges to reside within their districts; legislature to establish judicial districts and reapportion them when reapportioning legislative districts. Revises requirements for appointments to judicial vacancies and recall of judges; candidate is not considered incumbent when first running in newly created or reapportioned district. Other provisions.[2]

Fiscal statement

Below is the statement of fiscal impact for Measure 40 provided on the Secretary of State voter guide:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The financial effect of the measure on state government expenditures cannot be determined. The cost to implement the measure could range from none to $1.5 million per two-year budget period.

The measure will have no financial effect on state government revenue.

The measure will have no direct financial effect on local government expenditures or revenue.

See Voters' Pamphlet for Explanation of this Financial Impact.[2]

Support

Supporters

Abner J. Bobo, Carol A. Bobo and Russ Walker supported Measure 40.

Campaign finance

Support

Donors to the campaign for the measure:[4]

  • Our Courts Committee: $544,605
  • Parents Education Association PAC: $34,154
  • Total: $578,759

Opposition

Donors to the campaign against the measure:

  • No on Constitutional Amendment 40: $425,965
  • Oregon Public Employees Union PAC: $76,962
  • Total: $502,927
  • Overall Total: $1,081,686

See also

External links

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References