Links to Previous Bites can be found here at, “Oregon Consitution in Small Bites: So Far“
Today: Oregon Constitution in Small Bites: Bite #13: Article IV, Legislative Department, Sections 1-1b (copied from this version at the Oregon Legislature’s website)
ARTICLE IV
LEGISLATIVE DEPARTMENT
Previous Small Bites of the Oregon Constitution:
Oregon Constitution in Small Bites: Bite #1 and Bite #2 (Bill of Rights, 1-6)
Oregon Constitution in Small Bites: Bite #3 (Bill of Rights, 7-12)
Oregon Constitution in Small Bites: #4 (Bill of Rights, 13-20)
I’ve blogged about this before (here), but it is worth mentioning again (in different words) – we get lots (and lots) of questions from people who would not have questions at all, or their legal reference questions would be quite different, if they understood the following. But we’re happy to explain as often as necessary – it feels very good when someone lights up and says, “I think I’ve got it!”
The Oregon Revised Statutes (ORS) are different from the Oregon Laws. As I wrote in a previous blog post:
“… if you research “the law online,” please make sure you have the current, official, corrected, authentic, and updated laws of the jurisdiction. For example, the 2007 ORS is not the most current statutory compilation. You will also need to check the 2008 Laws (and Oregon case law, not free-text searchable free online, though individual cases can be found here) which won’t be included in the ORS until the 2009 enactments are codified and published in early 2010.”
From the Washington County (Oregon) Law Librarian:
(This is a companion blog post to the previous ones on Writing (and Finding) Oregon Appellate Court Briefs and on Filing and Drafting Oregon Appellate Court Documents.)
We’re working on a more comprehensive research guide of resources for people who are [contemplating] appealing their cases to the Oregon courts of appeals, but in the meantime, look for these at your law library. These resources are in print only, unless otherwise noted:
Now if only we could stop looking to Congress to come to our rescue (Congress? To the rescue? Good grief!) from the stock market fearmongers and foreclosure doomsayers (and yes, Congress does have a role in fixing some problems, but so do we!) — but let’s also keep moving along with a little education and self-help of our own:
In my previous post on foreclosures in Oregon, I mentioned that the Oregon State Bar (OSB) was about to release two new Legal Links programs. They are out now – yeah! – and you can view them online – no TV required (Yeah! Feb 2009 is fast approaching and my 23 year-old TV is toast – what a recycling/landfill nightmare that’s all going to be in March 2009).
From the OSB public service webpages:
Links to Previous Bites can be found at, Oregon Consitution in Small Bites: So Far.
Today: Oregon Constitution in Small Bites: Bite #12, Article III, Distribution of Powers
ARTICLE III
DISTRIBUTION OF POWERS
Links to Previous Bites can be found here at, “Oregon Consitution in Small Bites: So Far“
Today: Article II, Sections 18-24
18. Recall; meaning of words “the legislative assembly shall provide”
22. Political campaign contribution limitations
23. Approval by more than majority required for certain measures submitted to people
24. Death of candidate prior to election
Section 18. Recall; meaning of words “the legislative assembly shall provide.” (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. [Created through initiative petition filed Jan. 29, 1908, and adopted by the people June 1, 1908; Amendment proposed by S.J.R. 16, 1925, and adopted by the people Nov. 2, 1926; Amendment proposed by H.J.R. 1, 1983, and adopted by the people Nov. 6, 1984]
Findlaw has a nifty State-by-State Time Off to Vote Law chart.
(Thanks to Jim Calloway’s Law Practice Tips blog for the lead!)
Links to Previous Bites can be found here at, “Oregon Consitution in Small Bites: So Far“
Today: Oregon Constitution in Small Bites: Bite #10
Article II, Suffrage and Elections, Sections 11-17
ARTICLE II
SUFFRAGE AND ELECTIONS
11. When collector or holder of public moneys ineligible to office
12. Temporary appointments to office
13. Privileges of electors
14. Time of holding elections and assuming duties of office
14a. Time of holding elections in incorporated cities and towns
15. Method of voting in legislature
16. Election by plurality; proportional representation
17. Place of voting
Today’s story in the Oregonian, “High court backs pickup owner over insurer,” is more interesting than the headline might lead you to believe.
The case it refers to is: Gonzales v. Farmers Insurance (S054486):
Oregon Legal Research Blog