Bill Text: OR HB2887 | 2013 | Regular Session | Enrolled
Bill Title: Relating to reapportionment of congressional districts.
Spectrum: Committee Bill
Status: (Passed) 2013-07-02 - Governor signed. [HB2887 Detail]
Download: Oregon-2013-HB2887-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2887
Sponsored by COMMITTEE ON RULES
CHAPTER ................
AN ACT
Relating to reapportionment of congressional districts.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 188.010 to 188.295. + }
SECTION 2. { + (1) As used in this section:
(a) 'Elector' has the meaning given that term in ORS 247.002.
(b) 'Legislatively adopted reapportionment plan' means a plan
for the reapportionment of congressional districts that has
passed the Legislative Assembly and that is signed, or allowed to
become law without signature, by the Governor.
(2) An elector may file a petition in Marion County Circuit
Court on or before August 1 in the year following the federal
decennial census to:
(a) Challenge a legislatively adopted reapportionment plan; or
(b) Request a reapportionment of congressional districts if:
(A) The Legislative Assembly failed to pass a reapportionment
of congressional districts by July 1 of a regular session of the
Legislative Assembly held in that same year; or
(B) The Governor vetoed the reapportionment of congressional
districts passed by the Legislative Assembly and the Legislative
Assembly did not override the veto.
(3) The Secretary of State shall serve as respondent in any
petition filed under subsection (2) of this section.
(4) An elector may file a petition in Marion County Circuit
Court on or before August 15 to intervene in a petition filed
under subsection (2) of this section.
(5)(a) A petition filed under subsection (2) or (4) of this
section may include any materials from the legislative record
relating to congressional reapportionment plans.
(b) A petition filed under subsection (2) of this section must
include:
(A) The legislatively adopted reapportionment plan that is
being challenged and an explanation of the factual and legal
defects in the plan.
(B) If no legislatively adopted reapportionment plan was
passed, the petition must include the petitioner's proposed
reapportionment plan and an explanation of how the plan complies
with all applicable statutes and the United States and Oregon
Constitutions.
(c) A petition to intervene filed under subsection (4) of this
section must include an explanation of the factual and legal
Enrolled House Bill 2887 (HB 2887-A) Page 1
defects with assertions made in a petition filed under subsection
(2) of this section.
(6) If an elector files a petition under subsection (2) of this
section, the Chief Justice of the Supreme Court shall appoint a
special judicial panel. The panel shall consist of one state
circuit court judge, senior judge or judge who is serving as a
judge pro tempore under ORS 238.535 (1)(c) from each
congressional district in this state. The Chief Justice shall
also select one of the appointed judges to preside over the
special judicial panel and to make all rulings on procedural and
evidentiary matters before the panel.
(7) Jurisdiction is vested in the special judicial panel
described in subsection (6) of this section to decide any
petitions filed under subsections (2) and (4) of this section.
The panel may:
(a) Consolidate some or all petitions filed under subsections
(2) and (4) of this section.
(b) Allow amicus curiae to file briefs and participate in oral
arguments.
(c) Request that the Chief Justice appoint a special master to
receive evidence and to prepare recommended findings of fact.
Upon receiving such a request from the special judicial panel,
the Chief Justice shall appoint a special master. A special
master appointed by the Chief Justice under this paragraph must
be a state circuit court judge, senior judge or judge who is
serving as a judge pro tempore under ORS 238.535 (1)(c).
(8) The special judicial panel shall employ the following
standards in deciding upon a reapportionment plan:
(a) For a legislatively adopted reapportionment plan, the panel
must affirm the plan if the plan complies with all applicable
statutes and the United States and Oregon Constitutions. If the
panel finds that the legislatively adopted reapportionment plan
does not comply with applicable statutes or the United States or
Oregon Constitution, the panel may create its own reapportionment
plan. A reapportionment plan adopted by the panel under this
paragraph must comply with all applicable statutes and the United
States and Oregon Constitutions.
(b) If no legislatively adopted reapportionment plan was
passed, the panel must consider all plans submitted by
petitioners and intervenors, but may create its own
reapportionment plan. A reapportionment plan adopted by the panel
under this paragraph must comply with all applicable statutes and
the United States and Oregon Constitutions.
(9)(a) The special judicial panel shall decide whether to
dismiss a petition filed under subsection (2) of this section
that challenges a legislatively adopted reapportionment plan by
September 1.
(b) If the panel dismisses the petition under this subsection,
a party to the action may appeal the decision by filing a notice
of appeal with the Supreme Court on or before September 15.
(10)(a) The special judicial panel shall decide all other
petitions filed under subsection (2) of this section, including
petitions challenging a legislatively adopted reapportionment
plan that the panel does not dismiss under subsection (9)(a) of
this section, by October 1.
(b) A party to the action may appeal a decision reached under
this subsection by filing a notice of appeal with the Supreme
Court on or before October 15.
(11) The Supreme Court shall:
Enrolled House Bill 2887 (HB 2887-A) Page 2
(a) Hear any appeal brought under subsection (9) or (10) of
this section; and
(b) Employ the following standards in deciding upon a
reapportionment plan affirmed or adopted by the special judicial
panel:
(A) For a legislatively adopted reapportionment plan, the
Supreme Court must affirm the plan if the plan complies with all
applicable statutes and the United States and Oregon
Constitutions. If the court finds that the legislatively adopted
reapportionment plan does not comply with applicable statutes or
the United States or Oregon Constitution, the court may create
its own reapportionment plan. A reapportionment plan adopted by
the Supreme Court under this subparagraph must comply with all
applicable statutes and the United States and Oregon
Constitutions.
(B) For a reapportionment plan that was adopted unanimously by
the special judicial panel, the Supreme Court must affirm the
plan if the plan complies with all applicable statutes and the
United States and Oregon Constitutions. If the court finds that
the unanimously adopted reapportionment plan does not comply with
applicable statutes or the United States or Oregon Constitution,
the court may create its own reapportionment plan. A
reapportionment plan adopted by the Supreme Court under this
subparagraph must comply with all applicable statutes and the
United States and Oregon Constitutions.
(C) For a reapportionment plan that was created or adopted by
the special judicial panel by a less than unanimous decision, the
Supreme Court may, in its discretion, try the cause anew upon the
record. This review must be based on the record created by the
special judicial panel, but the Supreme Court may make its own
determinations of law or underlying findings of fact. After
conducting its review, the Supreme Court may affirm the panel's
reapportionment plan, amend the panel's reapportionment plan or
adopt a new reapportionment plan. A reapportionment plan decided
upon by the Supreme Court under this subparagraph must comply
with all applicable statutes and the United States and Oregon
Constitutions.
(12) If a party to an action files a notice of appeal with the
Supreme Court under subsection (9) of this section:
(a) The Supreme Court shall decide whether to approve the
legislatively adopted reapportionment plan without any changes by
October 1.
(b) If the Supreme Court determines that the legislatively
adopted reapportionment plan must be amended or substituted, by
November 1 the court shall direct the special judicial panel to
make such changes.
(c) The special judicial panel shall make any required changes
and submit a revised reapportionment plan to the Supreme Court by
December 1.
(d) The Supreme Court shall review the reapportionment plan
revised by the special judicial panel and approve a final
reapportionment plan by December 15.
(13) If a party to an action files a notice of appeal with the
Supreme Court under subsection (10) of this section:
(a) The Supreme Court shall decide whether to approve a
legislatively adopted reapportionment plan or a reapportionment
plan that was unanimously adopted by the special judicial panel
without any changes by November 1.
Enrolled House Bill 2887 (HB 2887-A) Page 3
(b) The Supreme Court shall decide whether to approve a less
than unanimous decision of the special judicial panel without any
changes by November 15.
(c) If the Supreme Court determines that changes are required
for a reapportionment plan approved by the special judicial
panel, by November 15 the Supreme Court shall direct the panel to
make such changes.
(d) The special judicial panel shall make any required changes
and submit a revised reapportionment plan to the Supreme Court by
December 1.
(e) The Supreme Court shall review the reapportionment plan
revised by the special judicial panel and approve a final
reapportionment plan by December 15.
(14) A final reapportionment plan resulting from a petition
filed under subsection (2) or (4) of this section becomes
operative on January 1 of the calendar year next following the
applicable deadline for deciding on a final reapportionment plan
under this section. + }
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Passed by House June 6, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 26, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2887 (HB 2887-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2887 (HB 2887-A) Page 5
