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STATE OF OREGON SPECIAL ELECTION MAY 16, 1995
Compiled and Distributed by
Secretary of State
This Voters' Pamphlet is provided for assistance in casting your vote-by-mail ballot.
Official 1995 May Special Election Voters'Pamphlet
TABLE OF CONTENTS
F
Page
CountyElections Offices............................................................................................. 8
Information.................................................................................................................. 2
Measure No.21
DearVoter, Ballot Title............................................................................................................ 3
CompleteText...................................................................................................... 3
1 am pleased to provide you with this Voters' Pamphlet for the May 16, 1995, special Explanatory Statement......................................................................................... 3
election.This pamphlet is provided to help you become a better-informed voter. Arguments in Favor.............................................................................................. 4
Measure No.22
In this pamphlet,you will find information about two statewide measures referred by the Ballot Title............................................................................................................ 6
1995 Legislative Assembly. It also contains information about registering to vote and Complete Text...................................................................................................... 6
updating your registration. Explanatory Statement......................................................................................... 6
This Special Election Voters' Pamphlet is printed in a newspaper format rather than the Legislative Argument in Support.......................................................................... 7
familiar bound booklet because of the limited information submitted for the pamphlet.
Using this format reduces the cost of publishing the Voters' Pamphlet and saves tax-
payer dollars.
This edition of the Voters' Pamphlet has also been transcribed to tape. If you know a
person who is sight-impaired or blind, please inform the person a tape copy of this pam-
phlet can be obtained by calling Vision Resouces for Independent Living at 503-284-
3339.
The May 16 special election is a vote-by-mail election. Ballots will be mailed to all regis-
tered voters between April 26 and April 28. Your voted ballot must be returned to your
county elections office by 8:00 p.m.Tuesday,May 16.
1 hope you will take the time to read this Voters' Pamphlet and exercise your right to
vote in this election.
Best,
J
Phil Keisling
Secretary of State
On Mn Cover
The surf crashes 1r#o the rocks at Whole Cove near Depos Day.Photo courtesy of Tom Ballffnl,Mall,41rNiviRs.
INFORMATION
GENERAL VOTER REGISTRATION
Your official 1995 May Special Election Voters' Pamphlet provides you with informa- Who May Register To Vote
tion about two statewide measures referred by the Legislature.The information for each You may register to vote for the May 16, 1995,election if:
measure includes the ballot title, estimate of financial impact, the complete text of the 1.You are a citizen of the United States;
measure, an impartial statement explaining the measure and any arguments filed by 2.You will be at least 18 years old by May 16, 1995;and
proponents and opponents of the measure. The page number for each item can be
found in the table of contents above. 3.You are a resident of Oregon.
Oregon law allows the Legislature to submit one argument in support of each mea- How To Register To Vote
sure it refers to the people. Individuals or organizations may also file arguments in favor To register to vote in the May 16, 1995, election, your completed voter registration card
of or in opposition to measures by purchasing space for$500 or by submitting a petition must be delivered to a county elections office by April 25, 1995. A voter registration
signed by 2,500 voters.The Secretary of State may not accept any argument that is not card received after April 25, 1995,that contains a postmark of April 25, 1995, or sooner
accompanied by the specified fee or the requisite number of signatures. will be accepted. You also may deliver your completed voter registration card to any
Driver and Motor Vehicle Services(DMV)office by April 25, 1995.
The Voters' Pamphlet has been compiled by the Secretary of State since 1903,when
Oregon became one of the first states to provide for the printing and distribution of such If Your Name,Mailing Address,or Political Party Affiliation Has Changed
a publication. One copy of the Voters' Pamphlet is mailed to every household in the If you are currently registered to vote in Oregon but your name, mailing address, or
state.Additional copies are available at-the State Capitol, local post offices,courthouses political party affiliation has changed since you last completed a voter registration card,
and all county elections offices. complete a new voter registration card and mail it to your county elections office.
The May Election is a vote-by-mail election. If you are registered to vote by April 25, If Your Residence Address Has Changed
you will receive your ballot in the mail. Absentee or replacement ballots are available If you are currently registered to vote in Oregon but your residence address has
from your county elections office. changed since you last completed a voter registration card, complete a new voter regis-
tration card and mail it to your county elections office.
If you notify your county elections office of your change of residence address by May 8,
1995, you will be eligible to vote a ballot containing all offices and measures for which
you qualify. If you notify your county elections office between May 9 and May 16, 1995,
you will be eligible to vote on only the two statewide ballot measures.To obtain a ballot,
IMPORTANT: YOUR VOTED BALLOT you must go to your county elections office and complete a certificate of registration.
MUST BE RECEIVED IN YOUR COUNTY ELECTIONS Where to Obtain a Voter Registration Card
OFFICE BY 8:00 P.M. MAY 16 TO BE COUNTED. Voter registration cards can be obtained from any county elections office, most banks
and post offices,some state agencies, and are also found in many telephone books.
2
Official 1995 May Special Election Voters'Pamphlet
State of
MEASURE NO . 21 • -••
HOUSE JOINT RESOLUTION 15—Referred to the Electorate of Oregon by the 1995 Legislature, Be It Resolved by the Legislative Assembly of the State of Oregon:
to be voted on at the Special Election,May 16,1995.
PARAGRAPH 1.Section 4,.Article XV of the Oregon Constitution,is amended to read:
BALLOT TITLE Sec.4.(1)Except as provided in subsections(2),(3),(4)[,]and(5)[,and(6J)of this section,lot-
teries and the sale of lottery tickets,for any purpose whatever,are prohibited,and the Legislative
Assembly shall prevent the same by penal laws.
(2) The Legislative Assembly may provide for the establishment, operation, and regulation of
DEDfCAT10N OF LOTTERY FUNDS TO EDUCATION raffles and the lottery commonly known as bingo or lotto by charitable,fraternal,or religious orga-
nizations.As used in this section,charitable,fraternal or religious organizations means such orga-
nizations or foundations as defined by law because of their charitable,fraternal,or religious pur-
QUESTION:Shall state lottery dollars be used for financing education,in addition to creating jobs poses. The regulations shall define eligible organizations or foundations, and may prescribe the
and furthering economic development? frequency of raffles, bingo or lotto,set a maximum monetary limit for prizes and require a state-
ment of the odds on winning a prize.The Legislative Assembly shall vest the regulatory authority
SUMMAgY: Const'"onal amendment allows profits from state lottery to be used for financing' in any appropriate state agency.
public education as well as for creating jobs'and furthering economic development Requires ere (3)There is hereby created the State Lottery Commission which shall establish and operate a
ation of Education Endowment Fund that receives 15 percent of lottery profits after July 1, 1997,>' State Lottery.All proceeds from the State Lottery,including interest,but excluding costs of admin-
and any other moneys appropriated by the Legislative Assembly. Investmerrt earnings of endow- istration and payment of prizes, shall be used for any of the [purpose oQ following purposes:
ment fund will be used to support public education.Investments may be in common stocks as pro- creating jobs,[and]furthering economic development or financing public education in Oregon.
vided by law.Requires Legislative Assembly to attocate lottery moneys far bored payments before' (4)(a) The State Lottery Commission shall be comprised of five members appointed by the
allocations for other purposes, Governor and confirmed by the Senate who shall serve at the pleasure of the Govemor.At least
one of the Commissioners shall have a minimum of five years experience in law enforcement and
ESTIMATE OF FINANCIAL IMPACT:This measure iniili a11ow State Lottery proceeds to be used to at least one of the Commissioners shall be a certified public accountant. The Commission is
finance public education. Currently;'these proceeds may be'used only for creating jobs and fur empowered to promulgate rules related to the procedures of the Commission and the operation of
thering economic development.The'moneys available in 1995-1996 are estimated to be$290 mil the State Lottery.Such rules and any statutes enacted to further implement this article shall insure
lion the integrity,security,honesty,and fairness of the Lottery.The Commission shall have such addi-
tional powers and duties as may be provided by law.
(b)The Govemor shall appoint a Director subject to confirmation by the Senate who shall serve
In addition,this measure establishes an education endowment fund. Flffeen percent of net lottery' at the pleasure of the Govemor.The Director shall be qualified by training and experience to direct
proceeds,or approximately$50 million, will be Invested in the fund annually beginning In 1997 the operations of astate-operated lottery. The Director shall be responsible for managing the
1991. The Interest earnings generated by the moneys are estimated!to be $24 million in 1897- affairs of the Commission.The Director may appoint and prescribe the duties of no more than four
1998 and will grow as more lottery proceeds are deposited each year.Eam.ngs'may be retama, in Assistant Directors as the Director deems necessary. One of the Assistant Directors shall be
the fund or expended far public education, responsible for a security division to assure security,integrity, honesty,and fairness in the opera-
tion and administration of the State Lottery.To fulfill these responsibilities,the Assistant Director
for security shall be qualified by training and experience, including at least five years of law
enforcement experience,and knowledge and experience in computer security.
[(c)The Govemor shall appoint the Lottery Commissioners and the Director within thirty days of
the effective date of this subsection.]
[(d)] (c)The Director shall implement and operate a State Lottery pursuant to the rules, and
under the guidance,of the Commission. [Within 105 days after the confirmation by the Senate of
the Director and at least three Commissioners, the Director shall begin public sales of tickets or
shares.] The State Lottery may operate any game procedure authorized by the Commission,
except parimutuel racing, Social games, and the games commonly known in Oregon as bingo or
lotto, whereby prizes are distributed using any existing or future methods among adult persons
who have paid for tickets or shares in that game;provided that,in lottery games utilizing computer
terminals or other devices, no coins or currency shall ever be dispensed directly to players from
such computer terminals or devices.
Stale of
MEASURE NO . 21 • -••
[(e)](d)There is hereby created within the General Fund the Oregon State Lottery Fund which EXPLANATORY STATEMENT
is continuously appropriated for the purpose of administering and operating the Commission and
the State Lottery.[Except for such monies as are necessary to temporarily fund the start-up of the
State Lottery,]The State Lottery shall operate as a self-supporting revenue-ralsing agency of state
govemment and no appropriations,loans,or other transfers of state funds shall be made to it.The This measure allows the profits of the Oregon State Lottery to be used for financing public educa-
State Lottery shall pay all prizes and all of its expenses out of the revenues it receives from the tion in Oregon.This use of lottery moneys for public education is in addition to the current uses of
sale of tickets or shares to the public and turn over the net proceeds therefrom to a fund to be lottery moneys for creating jobs and furthering economic development. Except for the education
established by the Legislative Assembly from which the Legislative Assembly shall make appropd- endowment fund created by this measure,the Legislative Assembly will continue to determine the
ations for the benefit of any of the[public purpose oq following public purposes:creating jobs, amount of lottery money that is spent for each of the purposes of creating jobs,furthering econom-
[and]furthering economic development or financing public education in Oregon. Effective July is development and supporting the public schools.
1, 1997,15 percent of the net proceeds from the State Lottery shall be deposited,from the
fund created by the Legislative Assembly under this paragraph,in an education endow- In addition to authorizing the use of lottery moneys to generally support public education,this mea-
ment fund. Earnings on moneys in the education endowment fund shall be retained in the sure requires the creation of an education endowment fund. Starting on July 1, 1997,the educa-
fund or expended for the public purpose of financing public education in Oregon as provid- tion endowment fund will receive 15 percent of the net proceeds of the state lottery. The
ed by law. Moneys in the education endowment fund shall be invested as provided by law Legislative Assembly, before and after that date, may appropriate other moneys to the education
and shall not be subject to the limitations of section 6, Article XI of this Constitution.The endowment fund.
Legislative Assembly may appropriate other moneys or revenue to the education endow-
ment fund. The Legislative Assembly shall appropriate amounts sufficient to pay lottery Under the measure, only the earnings received from investment of moneys in the education
bonds before appropriating the net proceeds from the State Lottery for any other purpose.
At least 84% of the total annual revenues from the sale of all lottery tickets or shares shall be endowment fund may be used for financing public education. The principal amount of the fund
retumed to the public in the form of prizes and net revenues benefiting the public[purpose] pur- may not be used to directly support public schools,but will be used only as a source of money for
poses. investments to benefit public education.
[(5) The Legislative Assembly or the Emergency Board shall loan the Commission the sum of
One Million Eight Hundred Thousand Dollars($1,800,000) to temporarily fund the start-up of the The financing of public schools with the eamings from education endowment fund investments is
Commission and the State Lottery. These funds shall be repaid as an expense of the Commission in addition to any other allocation of lottery moneys for support of public education in the state that �.
within one year of the transfer of the funds. Interest shall be paid at an annual interest rate of ten may be provided by the Legislative Assembly.
percent commencing the day funds are advanced and until the funds are repaid.]
[(6)](5)Only one state lottery operation shall be permitted in the State.[In the event more than The measure allows the Legislative Assembly to provide that investment of education endowment
one amendment of section 4,Article XV, which creates or authorizes a lottery is presented to,and fund moneys shall be directed and managed by the State Treasurer and the Oregon Investment
passed by the people at the November 6, 1984 General Election, only the amendment receiving Council.The investments may be made in mutual funds, common stocks and other equity instru-
the greatest number of votes shall go into effect, and the other amendments shall not have the ments just as moneys in the Common School Fund are currently allowed to be invested in mutual
effect of creating or authorizing a lottery.] funds and common stocks.
[(7)] (6)The Legislative Assembly has no power to authorize, and shall prohibit, casinos from
operation in the State of Oregon. If lottery moneys are pledged for payment of state bonds, this measure requires that the
Legislative Assembly allocate lottery moneys for payment of the bonds before allocating lottery
PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the moneys for any other purpose.
people for their approval or rejection at a special election held throughout this state on May
16,1995. (This impartial statement explaining the ballot measure was provided by the 1995 Legislature.)
NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates
deletions or comments. The State of Oregon has attempted to correct
spelling errors, but is not responsible for grammar,
syntax or inaccuracies of measure arguments.
3
Official 1995 May Special Election Voters'Pamphlet
Slale of
MEASURE NO . 21 • e••
ARGUMENT IN FAVOR ARGUMENT IN FAVOR
A Message From Oregon Senate President Gordon Smith Governor Kitzhaber Supports
(District 29--Pendleton) Allowing Lottery to be Spent on Education
Save Some for the Students Measure 21 will do important things for education and for Oregon.
Today,Oregon's Constitution allows for 16%of state lottery funds to be used for the administration First, it allows lottery funds to be spent on public education without a legal challenge. Currently,
and management of lottery programs. If you believe that we should save almost as much of state lottery funds can only be spent on economic development.Measure 21 makes it legal to spend lot-
lottery funds (15%) for local schools and Oregon college students, you should support Ballot tery dollars on education,too.
Measure 21.
Second,Measure 21 reflects what Oregonians have said all along--make education a top prior-
The Oregon Education Endowment ity. Measure 21 constitutionally establishes that education will be a primary beneficiary from the
lottery,the state's fastest growing revenue source.
Ballot Measure 21 does something very unique and powerful. It establishes the principle of saving
and investing for education in the Oregon Constitution. The concept of the Oregon Education Finally,it continues to allow the state to fund important economic development programs--
Endowment is simple. It says that Oregon will save and invest no less than 15%of lottery funds programs that have benefited all regions of Oregon,supported key industries and small business-
into a protected endowment fund and allow local schools and Oregon college students to compete es,and built roads,bridges and sewers.
directly for grants and scholarships that reward and enpourage education excellence.
While this measure will not solve all our funding problems,it is a positive step in the right direction.
Better Schools Not Bigger Government
1 urge all Oregonians to join me in voting Yes on Measure 21
The goal of the Oregon Education Endowment is well educated students--not a well fed govern-
ment bureaucracy. Neither the grants for local schools nor scholarships for Oregon college stu- Sincerely,
dents may be used for program administration, but instead will focus on locally-designed special
academic programs,innovative uses of technology, and capital improvements. Ballot Measure 21
guarantees a long term funding source for local schools and Oregon college students withou rais- John Kitzhaber
ing new taxes and without creating a new government bureaucracy. Governor
` Yes on 21:Save Some for the Schools (This information furnished by Richard G.Reiten,Chair,Lottery for Education Committee.)
(This information furnished by Gordon Smith.)
(This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.)
The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state
warrant the accuracy or truth of any statement made in the argument. warrant the accuracy or truth of any statement made in the argument.
Slale of
MEASURE NO . 21 • '••
ARGUMENT IN FAVOR ARGUMENT IN FAVOR
A Message from Oregon Students Oregon Seniors Support Lottery for Education
We support using lottery funds for education because education is the best investment Oregonians Seniors in Oregon support allowing lottery funds to be used for education, in addition to creating
can make. jobs.
Our Education is Everything Each year, it seems as if it gets harder and harder to make the state budget stretch to cover the
Getting a good education will give us a chance to build our careers,to raise our own families,and things Oregonians care about:K-12 and higher education,public safety and health care.
make a difference for Oregon.
Measure 21, will increase access to education funding by allowing lottery dollars to be spent on
Our future depends on it public education,from kindergarten to college.
Access to Funds Without Raising Taxes At the same time, it will increase budget flexibility, giving a little breathing room to the other ser-
vices we need,such as jail beds for criminals and nursing home beds for the elderly.And it will do
Measure 21 provides another source of funds for education -- without raising or creating new it without raising or creating taxes.
taxes. It will allow the Legislature to use lottery funds for education,in addition to creating jobs or
furthering economic development. We benefited from a fine education when we were children,and so did our children. Now, it's our
grandchildren's turn to get the education that will shape their whole future. Measure 21 will give
Measure 21 will also put 15%of the lottery profits into an education endowment that can be used more funding options and make it easier to give our children the best education possible.
for local school projects or college scholarships.
Let's do what we can today to give our young people a better future tomorrow.
With all the budget pressures on state funds, it's good to know that we will be able to use lottery
funds for education.
Vote Yes on Measure 21.
Thank you for voting for education--Vote Yes on Measure 21.
Alice Pickard
Sincerely, United Seniors of Oregon
Dusty McGhehy,Burns High School Student Body President Nate Davis
Gray Panthers
Larisa Pennington,Lincoln High School Student Body President
Dan Fenton,North Medford High School Senior Class President Doug Ellis
Oregon State Council of Senior Citizens
Sean Bevington,Grant High School Student Body President
(This information furnished by Richard G.Reiten,Chair,Lottery for Education Committee.)
(This information furnished by Richard G.Reiten,Chair,Lottery for Education Committee.)
(This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or Laws 811§11.)
The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state
warrant the accuracy or truth of any statement made in the argument. warrant the accuracy or truth of any statement made in the argument.
4
Official 1995 May Special Election Voters'Pamphlet
Oregon State of
MEASURE NO . 21
ARGUMENT IN FAVOR ARGUMENT IN FAVOR
A Message from University of Oregon President Oregon Farm Bureau Supports Lottery for Education
Dave Frohnmayer
As with all Oregonians,education funding is a top priority for farmers and ranchers.
What do Oregon parents want for their children?
Because of Ballot Measure 5,schools across the state were hit with budget cuts.Measure 21 will
Recent surveys indicate they want to give their children the chance for a good job in a prosperous guarantee a long term funding source for local schools and students without creating more admin-
economy,a clean environment and a society with low crime and high opportunities. istration.
Education is the Key The measure will allow lottery dollars to be spent on public education. But the most important
piece is that it will constitutionally save 15% of future lottery profits for an Oregon Education
Endowment Furid. Each biennium, lottery dollars will be added to a principle that is invested
All these goals are possible if we give our children a good education,from kindergarten to higher Earnings from this endowment will be used for scholarships and to support local school projects.
education. With a strong public education, all of our children will have the skills they need to be
tomorrow's corporate executives,environmental engineers and law enforcement officers.
Too many times we look for quick solutions to long term problems.The Oregon Farm Bureau feels
that by constitutionally locking in a stable endowment fund of lottery dollars for education,Oregon
Education is a Good Investment for the Lottery children will benefit for years to come--without risk that budget-strapped legislatures will raid the
fund.
Measure 21 would help make it easier to fund the education we want to provide Oregon children.It
would allow lottery funds to be spend on education,in addition to creating jobs and furthering eco- Please join the Oregon Farm Bureau in supporting long term,constitutionally locked-in support for
nomic development. Frankly, our children's education is the most important economic develop- education.
ment tool we have.Let's make sure we can spend the money on education,too.
An Endowment for our Future Vote Yes on Measure 21.
But Measure 21 would do more. It would set aside 15%of lottery profits for an Oregon Education Sincerely,
Endowment Fund.The earnings from this fund will be used to fund special local education projects
and scholarships for higher education. Each year, as more money is invested in the fund, more Doug Breese
dollars will be available for our children's education. President,Oregon Farm Bureau
Let's help give Oregon children the education they deserve. (This information furnished by Richard G.Reiten,Chair,Lottery for Education Committee.)
Vote Yes on Measure 21.
For education.For our children
(This information furnished by Richard G.Reiten,Chair,Lottery for Education Committee.)
(This space purchased for$500 in accordance with 1993 Or.Laws 811§11.) (This space purchased for$500 in accordance with 1993 Or.Laws 811§11.)
The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state
warrant the accuracy or truth of any statement made in the argument. warrant the accuracy or truth of any statement made in the argument.
Oregon State of
MEASURE NO . 21
ARGUMENT IN FAVOR
A Message From Dick Reiten,Chair
Lottery for Education Committee
Why vote for Measure 21?The answer is simple:
IT'S AN INVESTMENT IN OUR CHILDREN IN THE HEALTH OF OUR ECONOMY AND IN THE
FUTURE OF OUR STATE.
Oregonians have long believed in the power of education to create opportunity and independence.
It is why we have worked so hard to build one of the nation's best education systems. But today
that system is in jeopardy.
A LACK OF FUNDING HERE IN OREGON AND INCREASING COMMITMENTS TO
EDUCATION THROUGHOUT THE WORLD THREATEN OUR CHILDREN'S
FUTURE AND OUR STATE'S COMPETITIVENESS.
It's time to allow lottery funds to be used for education
No one anticipated that lottery revenues would reach the level they have.The current forecast for
1995-97 stands at more than$720 million.
That's$300 million more than last biennium. NO ARGUMENTS IN OPPOSITION TO THIS BALLOT MEASURE
WERE FILED WITH THE SECRETARY OF STATE.
Lottery revenues will fluctuate over time.But Measure 21 creates an Endowment Fund to stabilize
lottery investments in education. Each year 15 percent of the lottery s profits will go into the Fund.
As the principal grows,so will the interest that can be devoted to education.
Measure 21 is not a choice between creating jobs and strengthening our education system. The
two are increasingly inseparable.The best way to create new jobs is to invest in education.This is
how we will compete in the growing knowledge-based economy.
Measure 21 may not be the whole answer for our education system---but it is a big a step in the
right direction.
• Its a strong statement that education is our first priority.
• It's a recognition that our future depends on producing the world's best workforce.
• It is a commitment to helping our children achieve their fullest potential.
For our children,for our economy,for our future-
Vote Yes on Measure 21.
(This information furnished by Richard G.Reiten,Chair,Lottery for Education Committee.)
(This space purchased for$500 in accordance with 1993 Or.Laws 811§11.)
The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state
warrant the accuracy or truth of any statement made in the argument.
5
Official 1995 May Special Election Voters'Pamphlet
State of
MEASURE NO . 22 • '••
SENATE JOINT RESOLUTION 14—Referred to the Electorate of Oregon by the 1995 Legislature, Be It Resolved by the Legislative Assembly of the State of Oregon:
to be voted on at the Special Election,May 16,1995.
PARAGRAPH 1. Sections 3 and 8, Article IV of the Constitution of the State of Oregon, are
BALLOT TITLE amended, and the Constitution of the State of Oregon is amended by creating new sections lb
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
INHABITANCY INSTATE LEGISLATIVE DISTRICTS time be divided by Jaw.
(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
QUESTION:Shall'appointees to legislature be inhabitants of district one year before appointment! to fill a vacancy in the office of senator or representative shall have been an inhabitant of
and shall district inhabitancy be required for legislators? 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
SUMMARY:Constitutional amendment requires person appointed to fill vacancy in office of state Period beginning on January 1 of the year next following the operative date of an apportion-
Senator or state Representative to be an inhabitant of the legislative district the person is appoint-
ad to represent at least one year before the date of the appointment. Constitutional amendment for one year next preceding the date of the appointment or from January 1 of the year fol-
also requires that state Senators and state Representatives continue to be inhabitants of their leg lowing the reapportionment to the date of the appointment,whichever is less.
islative districts during their terms of office.The amendment also provides exceptions in each case SECTION ib.(1)The amendment to section 3 of this Article by Senate Joint Resolution
following reapportionment of the state legislature every 10 years. 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
ESTIMATE OF FINANCIAL IMPACT:No financial effect on state or local government expenditures by Senate Joint Resolution 14(1995).
(2)This section Is repealed December 31,1999.
or revenues_ 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
State of
MEASURE NO . 22 • -••
which the person was elected shall be ineligible to take office and the office shall become vacant EXPLANATORY STATEMENT
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: This measure requires persons appointed to fill vacancies in the Legislative Assembly to be inhabi-
(a)Be a Senator or Representative after the expiration of the term of office during which the per- tants of the legislative districts they are appointed to represent for one year prior to the date of the
son is ineligible;and appointment. The measure also requires all members of the Legislative Assembly to be inhabi-
(b)Be a candidate for the office of Senator or Representative prior to the expiration of the term tants of the districts they represent at all times during their terms of office.
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 The Oregon Constitution does not require persons appointed to fill vacancies in the offices of state
office of the person as a Senator or Representative is not an inhabitant of the district from Senator or state Representative to be inhabitants of the district they are appointed to represent.
which the Senator or Representative may be chosen or has been appointed to represent.A The Oregon Constitution also does not require members of the Legislative Assembly to live in the
person shall not lose status as an inhabitant of a district If the person is absent from the districts they represent during their terms of office.The Oregon Constitution does require persons
district for purposes of business of the Legislative Assembly.Following the operative date elected to the Legislative Assembly to be inhabitants of their districts for one year before the date
of an apportionment under section 6 of this.Article,until the expiration of the term of office of the election.
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 This measure creates a new eligibility requirement of persons appointed to fill vacancies in the
14(1995)applies to any person holding the office of state Senator or state Representative offices of state Senator or state Representative. Under the measure,a person is not eligible to be
on or after the effective date of the amendment to section 8 of this Article by Senate Joint appointed to fill a vacancy in state legislative office unless the person has been an inhabitant of
Resolution 14(1995). the district the person is appointed to represent for one year prior to the date of the appointment.
(2)This section is repealed December 31,1999. The measure creates an exception following the reapportionment of the Legislative Assembly. A
reapportionment occurs every 10 years to account for changes in the population of the state.
PARAGRAPH 2.The amendment proposed by this resolution shall be submitted to the
people for their approval or rejection at a special election held throughout this state on May This measure also requires persons holding the office of state Senator or state Representative to
16,1995. be inhabitants of the districts they represent.A person does not lose status as an inhabitant of a
district if the person is absent from the district to attend to business of the Legislative Assembly.
Following a reapportionment of the Legislative Assembly every 10 years, a person may be an
inhabitant of any district until the person's term of office expires.
NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates
deletions or comments. This measure applies to persons who are appointed to the Legislative Assembly on or after the
effective date of this measure and to persons who hold the office of state Senator or state
Representative on or after the effective date of this measure.
(This impartial statement explaining the ballot measure was provided by the 1995 Legislature.)
6
Official 1995 May Special Election Voters'Pamphlet
Oregon State of
MEASURE NO . 22
LEGISLATIVE ARGUMENT IN SUPPORT
The Oregon Constitution requires candidates for the state legislature to have inhabited the dis-
trict they seek to represent for one year before the election.However,the Constitution has no such
requirement for those seeking appointment to the legislature, nor does it require a legislator to
continue to live in the district after election or appointment.
The absence of these requirements has resulted in legislators representing districts they do not
even live in and people quickly moving into a district when a vacancy occurs, with the hope of
receiving appointment. .
Ballot Measure 22 changes this.
It requires state Senators and Representatives to live in the district they represent during their
terms of office.If they fail to maintain inhabitancy,they will be subject to expulsion from the legisla-
ture.
Ballot Measure 22 treats those seeking appointment to the legislature in the same manner as
the Constitution currently treats those seeking election.The measure requires any person appoint- NO ARGUMENTS IN FAVOR OF OR IN OPPOSITION TO
ed to the office of state Senator or state Representative to have inhabited the district being repre-
sented for one year prior to the appointment.
THE SECRETARY OF STATE.
We are referring this measure to you to resolve the issue of inhabitancy before the next election
cycle.
We believe that if the legislature wants to reform government and restore credibility, it must
clean up its own house first.Referral and passage of this measure is a good first step in that direc-
tion.
Committee Members: Appointed by:
Senator Greg Walden President of the Senate
Representative Ray Baum Speaker of the House
Representative Lee Beyer Speaker of the House
(This Joint Legislative Committee was appointed to provide a leg(sladve argument in support of the ballot mea-
sure pursuant to 1993 Or.Laws 811§10.)
i
ss
M m s
Sea lions congregate on Shell Island,a mile south of Shore Acres State Park near Coos Bay.Photo courtesy of Tom Ballard,McMinnville.
7
Official 1995 May Special Election Voters'Pamphlet
COUNTY ELECTION-S OFFICES
Baker Curry Jackson Malheur Umatilla
Julia Woods Renee Kolen Kathy Beckett Deborah R.DeLong Tom Groat
Baker County Clerk Curry County Clerk Jackson County Clerk Malheur County Clerk Umatilla County Clerk
1995 3rd St. PO Box 746 Courthouse,10 S.Oakdale 251 "B"St.W.,Courthouse Box 4 PO Box 1227
Baker City,OR 97814-3398 Gold Beach,OR 97444 Medford,OR 97501-2952 Vale,OR 97918 Pendleton,OR 97801
523-8207/C 523-8208 247-7011,Ext.223/C 247-6440 776-7181/C 776-7183 473-5151/C 473-5157 278-6254/C 278-6257
Benton Deschutes Jefferson Marion Union
Henderson
Dan Burk Mary Sue(Susie)Penhollow Elaine L. Alan H.Davidson R.Nellie Bogue-Hibbert
Dir.Rec/Elections Deschutes County Clerk Jefferson County Clerk Courthouse,75 SE"C"St. Marion County Clerk Union County Clerk
Courthouse Administration Bldg. Elections Division 1100"L"Avenue
OR 97741
Corvallis,OR 97330 1130 NW Harriman St. Madras, 4263 Commercial St.SE,#300 LaGrande,OR 97850
757-6756/C 757-5646 Bend,OR 97701 475-4451 /C 475-4451 Salem,OR 97302-3987 963-1006
388-6546/G 388-6547 588-5041/C 588-5610
Josephine
Clackamas Georgette Brown Wallowa
John Kauffman Douglas Josephine County Clerk Morrow Charlotte McIver
Clackamas County Clerk Gay Fields PO Box 69 Barbara Bloodsworth Wallowa County Clerk
Elections Division Douglas County Clerk Grants Pass,OR 97526-0203 Morrow County Clerk 101 S.River St.,Rm 100,Door 16
825 Portland Ave. PO Box 10 474-5243/C 474-5243 PO Box 338 Enterprise,OR 97828-1335
Gladstone,OR 97027-2195 Roseburg,OR 97470-0004 Heppner,OR 97836-0338 426-4543,Ext.17
655-8510/C 655-1685 440-4252/C 440-6092 Klamath 676-9061/C 676-9061
Bemetha G.Letsch Wasco
Klamath County Clerk
Clstsop Gilliam Multnomah Karen LeBreton
Lori Davidson Rena Kennedy 830 Klamath Ave. Vicki Ervin Wasco County Clerk
OR 97601
Clatsop County Clerk Gilliam County Clerk Klamath Falls, Dir./Elections Courthouse,511 Washington St.
Courthouse,749 Commercial Courthouse 883-5135/C 8834135 1040 S.E.Morrison The Dalles,OR 97058
Astoria,OR 97103-0178 Condon,OR 97823-0427 Portland,OR 97214-2495 296-6159/C 296-6159
Lake
325-8511 /C 325-8511 384-2311 Karen O'Connor 248-3720/t248-3729
Lake County Clerk Washington
Columbia Grant 513 Center St. Polk Ginny Kingsley
Elizabeth(Betty)Huser Kathy McKinnon Lakeview,OR 97630-1579 Linda Dawson Elections Division
Columbia County Clerk Grant County Clerk 947-6006/C 947-6007 Polk County Clerk 155 N.1 st Ave.,Suite B 10
Courthouse PO Box 39 Courthouse,Room 201 Hillsboro,OR 97124
St.Helens,OR 97051-2089 Canyon City,OR 97820-0039 Lane Dallas,OR 97338-3179 648-8670/C 693-4598
397-3796,Ext.8444/ 575-1675/1 575-1675 Annette Newingham 623-9217/C 623-9217
C 397-3796,Ext.8445 Elections Division Wheeler
Harney 135 E.6th Ave. Sherman Judy Potter
Coos Dolores Swisher Eugene,OR 97401-2671 Linda Cornie Wheeler County Clerk
4234/C 687-4320
Mary Ann Wilson Harney County Clerk 687- Sherman County Clerk PO Box 327
Coos County Clerk Courthouse,450 N.Buena Vista PO Box 365 Fossil,OR 97830-0327
Courthouse Burns,OR 97720 Lincoln Moro,OR 97039-0365 763-2400
Coquille,OR 97423-1899 573-6641 Dana Jenkins 565-3606
396-3121,Ext.301/C 396-2106 Lincoln County Clerk
225 W.Olive St.,Room 201 Yamhill
Hood River Newport,OR 97365 Tillamook Charles Stern
Crook Sandra Berry 265-4131 /(265-4193 Josephine Veltri Yamhill County Clerk
Deanna(Dee)Berman Dir.Assess/Rec Tillamook County Clerk Courthouse,535 East 5th St.
Crook County Clerk Courthouse,309 State St. Linn 201 Laurel Ave. McMinnville OR 97128-4593
300 E.Third,Room 23 Hood River,OR 97031-2093 Steven Druckenmiller Tillamook,OR 97141 434-7518/ 434-7519
Prineville,OR 97754-1919 386-1442 Linn County Clerk 842-3402
447-6553/C 447-6553 4th&Broadalbin
- Albany,OR 97321
967-3831/C 967-3833
IMPORTANT - YOUR VOTED
BALLOT MUST BE RECEIVED
IN YOUR COUNTY ELECTIONS
OFFICE BY 8:00 R M. MAY 16
TO BE COUNTED.
8
SECRETARY OF STATE BULK RATE
Phil Keisling CAR-RT SORT
State Capitol Building U.S.Postage
Salem,Oregon 97310-0722 PorrdaAnd OR
Permit No.815
RESIDENTIAL CUSTOMER
voters
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159
STATE OF OREGON SPECIAL ELECTION MAY M 1995
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