Articles Tagged with Effective dates

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One of our local attorneys and I have been having a conversation about effective dates of ballot measures. Effective dates for ballot measures are different from the constitutional and statutory ones for statutes that are enacted by the Oregon Legislative Assembly.

The Oregon Constitution, Article IV, Section 1 (4)(d) says:

“… Notwithstanding section 1, Article XVII of this Constitution, an initiative or referendum measure becomes effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon. A referendum ordered by petition on a part of an Act does not delay the remainder of the Act from becoming effective….”

One could wonder what “the day on which it is enacted or approved by a majority of the votes cast thereon” means. Is it the date of the election or the date of the certification or the date of a ballot recount, if there is one? Not to over-think it, which lawyers (and law librarians) do all the time, common sense says that it is the date of the election, assuming the measure passed.

To confirm this, I wandered here and there online (it’s too soon for the Measure in question to be anywhere in print given that it passed just last November), from the Legislature’s website to the Secretary of State, Elections Division, website, and beyond, to no avail.

My next starting point became the blog post I wrote back in 2007: Effective Dates of (Oregon) Legislation

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This is a follow-up to my previous post about researching the history of an ORCP rule. (And thank you again to the staff at the Oregon Council on Court Procedures!)

Rules of civil procedure are promulgated in December of even-numbered years, submitted to the legislature at the beginning of the (odd-numbered year) legislative session, and become effective January 1 of the following EVEN-NUMBERED year. So the rules that we promulgate at our December 11, 2010, meeting will be looked at by the legislature in 2011 and will become effective January 1, 2012.

Statutory authority of the Council is found in ORS 1.735.”