Bill Text: OR HJR34 | 2013 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to recall petitions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HJR34 Detail]

Download: Oregon-2013-HJR34-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 3892

                    House Joint Resolution 34

Sponsored by Representative BENTZ

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Proposes amendment to Oregon Constitution that limits recall
petitions and subsequent elections to one petition per elected
official per term.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. Section 18, Article II of the Constitution of the
State of Oregon, is amended to read:
   { +  Sec. 18. + } Recall. (1) Every public officer in Oregon
is subject, as herein provided, to recall by the electors of the
state or of the electoral district from which the public officer
is elected.
  (2) Fifteen per cent, but not more, of the number of electors
who voted for Governor in the officer's electoral district at the
most recent election at which a candidate for Governor was
elected to a full term, may be required to file their petition
demanding the officer's recall by the people.
  (3) They shall set forth in the petition the reasons for the
demand.
  (4) If the public officer offers to resign, the resignation
shall be accepted and take effect on the day it is offered, and
the vacancy shall be filled as may be provided by law. If the
public officer does not resign within five days after the
petition is filed, a special election shall be ordered to be held
within 35 days in the electoral district to determine whether the
people will recall the officer.
  (5) On the ballot at the election shall be printed in not more
than 200 words the reasons for demanding the recall of the
officer as set forth in the recall petition, and, in not more
than 200 words, the officer's justification of the officer's
course in office. The officer shall continue to perform the
duties of office until the result of the special election is
officially declared.  If an officer is recalled from any public
office the vacancy shall be filled immediately in the manner
provided by law for filling a vacancy in that office arising from
any other cause.
  (6) The recall petition shall be filed with the officer with
whom a petition for nomination to such office should be filed,
and the same officer shall order the special election when it is
required. No such petition shall be circulated against any
officer until the officer has actually held the office six
months, save and except that it may be filed against a senator or
representative in the legislative assembly at any time after five
days from the beginning of the first session after the election
of the senator or representative.
  (7) After one such petition and special election, no further
recall petition shall be filed against the same officer during
the term for which the officer was elected { +   + }  { - unless
such further petitioners first pay into the public treasury which
has paid such special election expenses, the whole amount of its
expenses for the preceding special election - } .
  (8) Such additional legislation as may aid the operation of
this section shall be provided by the legislative assembly,
including provision for payment by the public treasury of the
reasonable special election campaign expenses of such officer.
But the words, 'the legislative assembly shall provide,' or any
similar or equivalent words in this constitution or any amendment
thereto, shall not be construed to grant to the legislative
assembly any exclusive power of lawmaking nor in any way to limit
the initiative and referendum powers reserved by the people.
   { +  SECTION 18a. + }  { + (1) The amendment to section 18 of
this Article by House Joint Resolution 34 (2013) applies to any
recall petition that is filed on or after the effective date of
the amendment to section 18 of this Article by House Joint
Resolution 34 (2013).
  (2) This section is repealed January 2, 2018. + }

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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