Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

SECRETARY OF STATE, ELECTIONS DIVISION

 

DIVISION 8

REAPPORTIONMENT

165-008-0000

Purpose

(1) The purpose of OAR 165-008-0000 to 165-008-0060 is to provide by rule procedures in the event that the Secretary of State is required to prepare a reapportionment plan as provided in Section 6, Article IV of the Oregon Constitution.

(2) These rules establish timelines, hearing procedures and guidelines for evaluation of the constitutional and statutory criteria governing reapportionment.

Stat. Auth.: ORS 188.015
Stats. Implemented: ORS 188.015
Hist.: ELECT 37-1990, f. & cert. ef. 10-18-90

165-008-0010

Schedule if Legislature Does Not Complete Reapportionment by July 1

(1) Subsection (3) of Section 6, Article IV of the Oregon Constitution requires the Secretary of State to make the reapportionment if the legislature fails to enact a reapportionment by July 1 of the year following a federal census.

(2) In this event, the Secretary of State will follow this schedule:

(a) July 16 -- Publish a draft reapportionment plan; distribute to the public;

(b) July 16 -- August 3 -- Accept written comments from the public;

(c) July 20 -- August 3 -- Conduct one or more public hearings at locations to be announced;

(d) August 4 -- 15 -- Complete transcription of hearing or hearings. Review "evidence, views and argument" submitted by the public. Prepare reapportionment plan;

(e) August 15 -- Submit reapportionment plan, together with transcript and evidence, to the Supreme Court.

Stat. Auth.: ORS 188.015
Stats. Implemented: ORS 188.015
Hist.: ELECT 37-1990, f. & cert. ef. 10-18-90; ELECT 12-2001, f. & cert. ef. 5-7-01; ELECT 17-2001, f. & cert. ef. 7-3-01

165-008-0020

Schedule if Legislature's Reapportionment Is Not Approved by the Supreme Court and the Secretary of State Is Directed to Draft a Reapportionment

(1) Subsection (2) of Section 6, Article IV of the Oregon Constitution requires the Secretary of State to draft a reapportionment when the Oregon Supreme Court determines that the reapportionment prepared by the legislature is deficient. The Supreme Court will "specify with particularity wherein the reapportionment fails to comply" and will direct the Secretary of State to draft a reapportionment which does comply with the constitution and applicable laws.

(2) In this event, the Secretary of State will follow this schedule:

(a) On or before September 15 -- Supreme Court files order with Secretary of State directing preparation of a reapportionment;

(b) October 1 -- Publish a corrected reapportionment plan; distribute to public;

(c) October 1 - October 19 -- Accept written comments from the public;

(d) October 8 - 19 -- Conduct one or more public hearings at locations to be announced. The hearing or hearings shall be held in areas where the districts proposed by the legislature have been found insufficient by the Supreme Court. The Secretary of State may also, at the Secretary's discretion, hold hearings in other areas of the state if the Secretary determines additional hearings are needed to allow the public to participate;

(e) October 20 - 31 -- Complete transcription of hearing or hearings. Review "evidence, views and argument" submitted by the public. Prepare reapportionment plan;

(f) November 1 -- Submit corrected reapportionment plan, together with transcript and evidence, to the Supreme Court.

Stat. Auth.: ORS 188.015
Stats. Implemented: ORS 188.015
Hist.: ELECT 37-1990, f. & cert. ef. 10-18-90; ELECT 12-2001, f. & cert. ef. 5-7-01

165-008-0030

Conduct of Public Hearings

If the Secretary of State is required to hold a hearing pursuant to either subsection (2) or (3) of Section 6, Article IV of the Oregon Constitution, the following shall apply:

(1) The Secretary of State, or the Secretary's designee will be the presiding officer at the hearing.

(2) Persons wishing to testify must provide their name and address at the beginning of the hearing.

(3) Each person may testify only once, even if there are multiple hearings. A person who testified at one hearing may be denied an opportunity to testify again at another hearing.

(4) Each person may speak for no more than five minutes.

Stat. Auth.: ORS 188.015
Stats. Implemented: ORS 188.015
Hist.: ELECT 37-1990, f. & cert. ef. 10-18-90; ELECT 12-2001, f. & cert. ef. 5-7-01

165-008-0040

Submission of Evidence or Argument

(1) Persons may submit written evidence in the forms permitted by this section within the time permitted under OAR 165-008-0010 or 165-008-0020. If the written evidence is not submitted into the record at a hearing, it shall be delivered in person or mailed to and received by the office of the Secretary of State, Room 136, State Capitol, Salem, OR 97310. No evidence will be accepted after the last date specified in OAR 165-008-0010 or 165-008-0020.

(2) In addition to evidentiary materials, any person may submit their views or argument concerning the apportionment within the same time limits provided for submission of evidence.

(3) Written evidence may consist of written text, charts, maps, photographs, audio and/or video tape records or similar materials. All evidence submitted will become part of the record and will not be returned.

Stat. Auth.: ORS 188.015
Stats. Implemented: ORS 188.015
Hist.: ELECT 37-1990, f. & cert. ef. 10-18-90; ELECT 18-2001(Temp), f. & cert. ef. 8-2-01 thru 8-3-01; Administrative correction 11-15-01

165-008-0050

Limits on Submission of Evidence, Views and Arguments

Persons testifying in person at a public hearing or through submission of written evidence, views and argument shall limit their comments to addressing the criteria for reapportionment in Section 6, Article IV of the Oregon Constitution, ORS 186.010 and other applicable law. The person should identify the particular district or districts of concern, discuss how the proposed reapportionment does or does not meet the criteria and describe, if possible, what reapportionment plan would better meet the criteria.

Stat. Auth.: ORS 188.015
Stats. Implemented: ORS 188.015
Hist.: ELECT 37-1990, f. & cert. ef. 10-18-90

165-008-0060

Criteria for Reapportionment

(1) In developing a reapportionment plan, the Secretary of State will comply with Section 6, Article IV of the Oregon Constitution, ORS 188.010 and any federal law which imposes requirements in addition to those imposed by the Oregon constitution and statutes.

(2) Compliance with the criteria of ORS 188.010(1) shall be to the maximum extent practicable. The following interpretations will be made of specific criteria:

(a) "Utilize existing geographic or political boundaries." When possible, districts will be drawn to utilize county lines and to maintain cities within a single district;

(b) "Not divide communities of common interest." Where urban neighborhoods, rural communities or other communities can be identified, an effort will be made to retain that community within a single district. Consideration will be given to market areas covered by local media;

(c) "Be connected by transportation links." Road connections of at least a county road should be available within the district from one area of the district to another. This does not apply to unpopulated areas of the district.

Stat. Auth.: ORS 188.015
Stats. Implemented: ORS 188.015
Hist.: ELECT 37-1990, f. & cert. ef. 10-18-90

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​