2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 188 - Congressional and Legislative Districts; Reapportionment › Section 188.210

[Formerly 171.025; see note following]
Note:
Chapter 482, Oregon Laws 1961, including the apportionments under 182.210 and 188.220, was held unconstitutional in
In Re Legislative Apportionment
, 228 Or. 562, 364 P.2d 1004 (1961). A reapportionment drafted by the Secretary of State was approved by the Oregon Supreme Court in
In Re Legislative Apportionment
, 228 Or. 575, 365 P.2d 1042 (1961), and became law upon filing with the Governor on October 27, 1961. Pertinent portions of the reapportionment were printed in the 1961 through 1969 Replacement Parts of ORS chapter 171, but thereafter have been omitted.
After adjournment of the 1971 Regular Session of the Oregon Legislative Assembly, the Secretary of State, pursuant to section 6 (3), Article IV, Oregon Constitution, made a reapportionment, which became law upon filing with the Governor on July 30, 1971. The Oregon Supreme Court reviewed that reapportionment in
Hovet v. Myers
, 260 Or. 152, 489 P.2d 684 (1971), and returned it to the Secretary of State with instructions to correct it in certain particulars and file the corrected reapportionment with the Governor. The corrected reapportionment became law upon filing with the Governor on October 14, 1971. It is set forth as chapter 1, Oregon Laws 1971 Special Session. Pertinent sections of the reapportionment were compiled as 188.230 and 188.240.
After adjournment of the 1991 Regular Session of the Legislative Assembly, the Secretary of State, pursuant to section 6 (3), Article IV, Oregon Constitution, made a reapportionment, which was submitted by the Secretary of State to the Oregon Supreme Court on August 14, 1991. In
Linder v. Keisling
, 312 Or. 316, 821 P.2d 1089 (1991), the Oregon Supreme Court approved the Secretary of State’s reapportionment as modified in the manner directed by the court in
Ater v. Keisling
, 312 Or. 207, 819 P.2d 296 (1991). Pertinent sections of the reapportionment were compiled as 188.255 and 188.265.
After adjournment of the 2001 Regular Session of the Legislative Assembly, the Secretary of State, pursuant to section 6 (3), Article IV, Oregon Constitution, made a reapportionment, which was submitted by the Secretary of State to the Oregon Supreme Court on August 15, 2001. In
Hartung v. Bradbury
, 332 Or. 570, 33 P.3d 972 (2001), the Oregon Supreme Court voided the reapportionment. The court directed the Secretary of State to correct the reapportionment in the particulars discussed in the opinion and to file a corrected reapportionment with the court on or before December 1, 2001. The court approved the corrected reapportionment in an order dated December 14, 2001. The corrected reapportionment became operative on December 15, 2001. Pertinent sections of the reapportionment were compiled as 188.275 and 188.285.
In 2021, the COVID-19 pandemic prevented the United States Census Bureau from meeting the March 31, 2021, deadline set forth in federal law to provide states with the P.L. 94-171 redistricting data necessary to conduct state legislative reapportionment. The United States Census Bureau instead provided Oregon with this redistricting data on August 12, 2021. In
State ex rel. Kotek v. Fagan
, 367 Or. 803, 484 P.3d 1058 (2021), the Oregon Supreme Court extended various constitutional deadlines for the enactment, challenge and judicial review of a reapportionment for the 2021 redistricting cycle. On September 27, 2021, the Legislative Assembly met in a special legislative session and enacted Senate Bill 882, including the Senatorial reapportionment by section 2 thereof, and the House reapportionment in section 1 thereof. In
Sheehan/Calderwood v. Legislative Assembly
, 368 Or. 739, 499 P.3d 1267 (2021), the Oregon Supreme Court approved the reapportionment enacted by the Legislative Assembly. Pertinent sections of the reapportionment are compiled as 188.300 and 188.305.