Become part of the movement for unbiased, accessible election information. Donate today.

Oregon Measure 115, Impeachment of Elected State Executives Amendment (2024)

From Ballotpedia
Jump to: navigation, search
Ballotpedia Election Coverage Badge-smaller use.png

U.S. House • Attorney General • Secretary of State • State executive offices • State Senate • State House • Supreme court • Appellate courts • State ballot measures • Local ballot measures • Municipal • Recalls • How to run for office
Flag of Oregon.png


Oregon Measure 115
Flag of Oregon.png
Election date
November 5, 2024
Topic
State executive official measures
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

Oregon Measure 115, the Impeachment of Elected State Executives Amendment, was on the ballot in Oregon as a legislatively referred constitutional amendment on November 5, 2024. The ballot measure was approved.

A "yes" vote supported this constitutional amendment to allow the Oregon State Legislature to impeach and remove elected state executives, including the governor, secretary of state, attorney general, treasurer, and commissioner of labor and industries.

A "no" vote opposed this constitutional amendment to allow the Oregon State Legislature to impeach and remove elected state executives.


Election results

Oregon Measure 115

Result Votes Percentage

Approved Yes

1,340,837 64.20%
No 747,543 35.80%
Results are officially certified.
Source


Overview

What did Measure 115 change?

See also: Text of measure

The amendment added a new section to the Oregon Constitution allowing the Oregon State Legislature to impeach and remove elected state executives, including the governor, secretary of state, attorney general, treasurer, and commissioner of labor and industries. The constitutional amendment required a two-thirds vote in the House to impeach an elected state executive and a two-thirds vote in the Senate to convict and remove the official from office. The House could initiate an impeachment for "malfeasance or corrupt conduct in office, willful neglect of statutory or constitutional duty, or other felony or high crime."[1]

As of 2024, Oregon was the only state where the state legislature did not have the power to impeach the governor.

Who supported and opposed the amendment?

See also: Support and Opposition

The amendment passed with unanimous bipartisan support in both chambers, excepting the 11 legislators who did not vote. State Rep. Shelly Boshart Davis (R) said, "Recent events illustrate, yet again, the importance of having an impeachment procedure on the books as a check against negligence and abuse of power by public officials. While I recognize that investigations need time to play out, members of both parties have already expressed their dismay and concern over the emerging situation with Secretary of State Shemia Fagan and the impact this is having on public trust. The Legislature must have the ability to remove a statewide elected official when necessary."[2]

Ballotpedia did not locate a campaign in opposition to the ballot measure.

How many other states allowed for the impeachment of state executives?

See also: Gubernatorial impeachment procedures nationwide

In all states except Oregon, as of 2024, the state legislature could impeach the governor and other state executives. In most states, the process was similar to that used for impeachments of presidents at the federal level. If the lower chamber of a state legislature voted in favor of impeachment (i.e., votes to formally charge the governor with an impeachable offense), then the upper chamber functions as a court of impeachment and votes on whether to convict the governor.[3]

Text of measure

Ballot title

The ballot title was as follows:[4]

Amends Constitution: Authorizes impeachment of statewide elected officials by Oregon Legislature with two-thirds vote by each House; establishes process.

Result of 'Yes' Vote: 'Yes' vote authorizes and establishes a process for the Oregon Legislature to impeach statewide elected officials; House initiates impeachment with two-thirds vote; Senate tries and convicts with two-thirds vote; Chief Justice of Oregon Supreme Court oversees impeachment trial.

Result of 'No' Vote: 'No' vote retains current law that does not authorize the Oregon Legislature to impeach and remove statewide elected officials.[5]

Ballot summary

The ballot summary was as follows:[4]

Amends the Oregon Constitution to grant the Oregon House of Representatives the power to impeach statewide elected officials in the executive branch, and to grant the Oregon Senate the power to try an impeachment received from the House. Currently, the statewide elected officials of the executive branch are the Governor, the Secretary of State, the State Treasurer, the Attorney General and the Commissioner of the Bureau of Labor and Industries. At present, the only way to remove these officials is through recall election. The measure permits the House to impeach for malfeasance, corrupt conduct in office, willful neglect of constitutional duty or other felony or high crime. Requires "yes" vote of at least two-thirds (40) of Representatives to send impeachment resolution to Senate. Requires Senate to conduct impeachment trial and requires "yes" vote of at least two-thirds (20) of Senators to convict. The Chief Justice of the Oregon Supreme Court would preside over an impeachment trial. A convicted official is removed from office and disqualified from other public office.[5]

Constitutional changes

See also: Article IV, Oregon Constitution

The constitutional amendment added a Section 34 to Article IV of the Oregon Constitution. The following underlined text was added:[1]

Note: Hover over the text and scroll to see the full text.

(1) The House of Representatives shall have the power of impeachment of statewide elected officials of the Executive Branch for malfeasance or corrupt conduct in office, willful neglect of statutory or constitutional duty or other felony or high crime. The House of Representatives may deliver a resolution of impeachment to the Senate only upon the concurrence of at least two-thirds of all Representatives.

(2) The Senate shall have the power to try any impeachment received from the House of Representatives. When sitting for the purpose of trying an impeachment, the Chief Justice of the Supreme Court shall preside and Senators shall swear or affirm to do justice according to law and evidence. A person may not be convicted under this section without the concurrence of at least two-thirds of all Senators.

(3) Judgment shall extend only to removal from office and disqualification from holding any other public office in this state. Any person convicted or acquitted under this section remains subject to any criminal prosecution or civil liability according to law.

(4) Section 10a of this Article may be invoked for the purpose of exercising the power of impeachment under this section.[5]

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 15, and the FRE is 33. The word count for the ballot title is 87.

The FKGL for the ballot summary is grade level 13, and the FRE is 37. The word count for the ballot summary is 169.


Support

Supporters

Officials

Arguments

  • Senate Minority Leader Tim Knopp (R-27): "It is necessary for us to have this available. You can get into a situation where someone decides they don’t want to leave or they want to leverage the office when they should leave. That shouldn’t happen."
  • State Rep. Shelly Boshart Davis (R-15): "Recent events illustrate, yet again, the importance of having an impeachment procedure on the books as a check against negligence and abuse of power by public officials. While I recognize that investigations need time to play out, members of both parties have already expressed their dismay and concern over the emerging situation with Secretary of State Shemia Fagan and the impact this is having on public trust. The Legislature must have the ability to remove a statewide elected official when necessary."


Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Arguments

  • Noah Robinson, Republican nominee for the 2nd Senate District in southwest Oregon: "Our state-wide officials are elected directly by the voters. The current system of requiring the voters to decide on a recall is better. Voters elect them, and voters should remove them if necessary."


Campaign finance

See also: Campaign finance requirements for Oregon ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through October 29, 2024.


Three PACs registered to advocate for multiple ballot measures, including Measure 115.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $1,333,735.00 $24,098.15 $1,357,833.15 $1,306,654.16 $1,330,752.31
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $1,333,735.00 $24,098.15 $1,357,833.15 $1,306,654.16 $1,330,752.31

Support

The following table includes contribution and expenditure totals for the committees in support of the ballot measure.[6]

Committees in support of Measure 115
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
2024 Our Oregon Voter Guide $1,001,000.00 $20,857.00 $1,021,857.00 $976,995.60 $997,852.60
Mobilize Oregon Voters $320,000.00 $3,241.15 $323,241.15 $313,456.46 $316,697.61
Advance Liberty $12,735.00 $0.00 $12,735.00 $16,202.10 $16,202.10
Total $1,333,735.00 $24,098.15 $1,357,833.15 $1,306,654.16 $1,330,752.31

Donors

The following table shows the top donors to the committees registered in support of the ballot measure.[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
Our Oregon $475,000.00 $20,857.00 $495,857.00
Building Power for Communities of Color $250,000.00 $0.00 $250,000.00
SEIU Local 503 $230,000.00 $0.00 $230,000.00
Oregon Education Association $100,000.00 $0.00 $100,000.00
Oregon AFSCME Council 75 $75,000.00 $0.00 $75,000.00

Media editorials

See also: 2024 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

  • The Oregonian Editorial Board: "Ideally, impeachment is a tool that Oregonians will never have to use. But it should still be available. Voters should elect leaders who will fulfill their duties with integrity – but should also make sure to check the 'yes' box on Measure 115."
  • The News-Register Editorial Board: "A bipartisan legislative referral initiated by the GOP, this measure would end Oregon’s status as the only state with no provision to impeach top elected state officials. Fortunately, Fagan’s Democratic colleagues, eager to quench the flames, were able to secure her resignation, but we might not be so lucky next time."


Opposition

The following media editorial boards published an editorial opposing the ballot measure:

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.


Background

Oregon Secretary of State resignation, 2023

Arguments for the amendment have cited the resignation of former Secretary of State Shemia Fagan (D) as an example of the need for the amendment.

On April 27, 2023, Willamette Week reported that Fagan had accepted a consulting contract with Veriede Holdings LLC, an affiliate of cannabis dispensary chain La Mota in February 2023.[7]

Oregon Gov. Tina Kotek (D) called an ethics investigation by the Oregon Government Ethics Commission to determine whether or not Fagan had violated state law. Kotek also called for an investigation by the Oregon Department of Justice regarding the state’s recent audit of the Oregon Liquor and Cannabis Commission.[8]

On May 1, 2023, Fagan announced during a press conference that she ended her contract with Veriede Holdings and apologized, and on May 2, 2023, her office released a press release announcing her resignation, effective May 8, 2023.[9]

In the press release, Fagan said “While I am confident that the ethics investigation will show that I followed the state’s legal and ethical guidelines in trying to make ends meet for my family, it is clear that my actions have become a distraction from the important and critical work of the Secretary of State’s office.”[9]

Oregon impeachment amendments

Oregon Impeachment of Elected State Executives Amendment (2018)

In 2017, the state legislature introduced a legislatively referred constitutional amendment that would have established procedures for impeaching the governor and other state executive officials. It passed the state House by a vote of 51-6. It did not receive a vote by the state Senate. It would have appeared on the ballot in 2018.

Oregon Gubernatorial Impeachment Amendment (2016)

In 2015, the state legislature introduced a legislatively referred constitutional amendment that would have established procedures for impeaching the governor and other state executive officials. It passed the state House by a vote of 47-12. It did not receive a vote by the state Senate. It would have appeared on the ballot in 2016.[10]

The amendment was proposed in response to the resignation of Gov. John Kitzhaber (D) following allegations of conflicts of interest and ethics complaints. Then-Senate President Peter Courtney (D-11) said an impeachment amendment wasn't needed as voters could initiate recalls against elected executives. "Oregon voters have the ultimate right of impeachment through the recall process and they aren't shy about using it," said Sen. Courtney.[11]

Gubernatorial impeachment procedures nationwide

In all states except Oregon, the state legislature can impeach the governor. In most states, the process is similar to that used for impeachments of presidents at the federal level. If the lower chamber of a state legislature votes in favor of impeachment (i.e., votes to formally charge the governor with an impeachable offense), then the upper chamber functions as a court of impeachment and votes on whether to convict the governor. Oregon was the final state to provide gubernatorial impeachment powers to the state legislature when its voters passed Measure 115 in November 2024.

There are some exceptions. In Alaska, the upper chamber votes to impeach and the lower chamber functions as the court of impeachment. In Missouri, impeachments are tried by a panel of seven judges selected by the Missouri State Senate, with a vote from five of the seven judges required to convict. In Nebraska, if the unicameral legislature votes in favor of impeachment, the governor is tried by the Nebraska Supreme Court. Finally, in Oklahoma, an impeached governor is tried before both chambers of the state legislature sitting in joint session.[12]

Grounds for gubernatorial impeachment procedures by state

The table below summarizes the grounds upon which governors can be impeached in each of the states. Constitutional and statutory citations are provided parenthetically. Click show below to reveal the collapsed table.[13]

Path to the ballot

Amending the Oregon Constitution

See also: Amending the Oregon Constitution

A simple majority vote is required during one legislative session for the Oregon State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 31 votes in the Oregon House of Representatives and 16 votes in the Oregon State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

House Joint Resolution 16

The constitutional amendment was introduced into the Oregon State Legislature as House Joint Resolution 16 (HJR 16) in 2023. On June 22, 2023, the House voted 54-0 to pass HJR 16. On June 25, the Senate voted 25-0. With approval in the House and Senate, the constitutional amendment was referred to voters at the general election in 2024.[1]

Vote in the Oregon House of Representatives
June 22, 2023
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 31  Approveda
YesNoNot voting
Total5406
Total percent90%0%10%
Democrat3401
Republican2005

Vote in the Oregon State Senate
June 25, 2023
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 16  Approveda
YesNoNot voting
Total2505
Total percent83.3%0%16.6%
Democrat1700
Republican804
Independent001

How to cast a vote

See also: Voting in Oregon

See below to learn more about current voter registration rules, identification requirements, and poll times in Oregon.

How to vote in Oregon


See also

External links

Footnotes

  1. 1.0 1.1 1.2 Oregon State Legislature, "House Joint Resolution 16," accessed June 26, 2023
  2. Oregon Legislature, "House Joint Resolution 16 testimony," accessed August 15, 2023
  3. Oregon State Legislature, "HJR 16 Analysis," accessed August 15, 2023
  4. 4.0 4.1 Oregon Votes, "Measure 115," accessed September 13, 2024
  5. 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. 6.0 6.1 Cite error: Invalid <ref> tag; no text was provided for refs named finance
  7. Willamette Week, "Secretary of State Shemia Fagan Is Working as Private Consultant to Troubled Cannabis Couple,” accessed May 2, 2023
  8. ‘’Willamette Week’’, “Kotek Wants Ethics Probe and DOJ Review of Cannabis Audit in Light of Fagan Consulting Revelations,” accessed May 2, 2023
  9. 9.0 9.1 ‘’KGW’’, “Shemia Fagan to resign as Oregon secretary of state,” accessed May 2, 2023
  10. Oregon Legislature, "House Joint Resolution 31," accessed March 18, 2015
  11. Oregon Live, "Oregon impeachment plan dies," accessed August 15, 2023
  12. National Governors Association, "Governors' Powers and Authority," accessed November 3, 2017
  13. Connecticut Office of Legislative Research, "Constitutional and Statutory Impeachment Provisions in 50 States," February 2, 2004
  14. 14.0 14.1 Oregon Secretary of State, “Voting in Oregon,” accessed April 20, 2023
  15. Deschutes County Oregon, “Voting in Oregon FAQ,” accessed April 20, 2023
  16. Oregon.gov, "Public Elections Calendar, November 2024," accessed January 9, 2024
  17. 17.0 17.1 17.2 17.3 Oregon Secretary of State, "Oregon Online Voter Registration," accessed April 20, 2023
  18. Oregon Secretary of State, "Oregon Voter Registration Card," accessed November 2, 2024
  19. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."