Omar Bennett
The Oregon Constitution is the governing document of the U.S. state of Oregon. It was originally enacted in 1857 and has been amended 260 times since. There are four different paths to amend the Oregon Constitution, which are laid out in two different articles. Amendments can be proposed through a legislative, citizen-initiated, or convention-referred process, and all require voter approval. This makes the Oregon Constitution easier to amend than its federal counterpart, which requires a two-thirds vote in Congress and ratification by three-fourths of the states.
| Characteristics | Values |
|---|---|
| Number of amendments | 260 |
| First amended | 1902 |
| Last amended | November 5, 2024 |
| Ways to amend | Legislative, citizen-initiated, or convention-referred constitutional amendment |
| Voter approval required | Yes |
| Minimum number of signatures required | Eight percent of total votes cast |
| Minimum time before election to file signatures | Four months |
| Restrictions on the initiative process | Yes, e.g., Section 1b of Article IV prohibits pay-per-signature |
| Amendments proposed in the state legislature | Requires a majority vote in favor in each house |
| Amendments proposed by convention | Requires prior approval by law |
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What You'll Learn
Legislative amendments
The Oregon Constitution can be amended through a legislative process, which involves the state legislature referring an amendment to the voters. This process is outlined in Section 1 of Article XVIII of the Oregon Constitution. Amendments can be proposed in either house of the state legislature, and to earn a spot on the ballot, a majority of all members elected to each of the two houses must vote in favour of the proposed amendment. The legislature also has the option to place the amendment on a special election ballot.
It is important to note that if more than one amendment is proposed by the legislature, they must be voted on separately. This ensures that each amendment is considered independently and given equal weight. The legislative amendment process in Oregon is just one of several methods available for amending the document.
The Oregon Constitution, first enacted in 1857, has been amended numerous times since 1902. One notable amendment was the introduction of a direct legislation system, which empowers Oregon voters to propose and approve amendments directly. This system was approved by voters in 1902 as Measure 1, establishing an initiative and referendum process in the state.
The legislative amendment process in Oregon is designed to be accessible, with a simple majority vote in the state legislature being sufficient to refer an amendment to the voters. This stands in contrast to the process of amending the U.S. Constitution, which requires a two-thirds vote in Congress and ratification by three-fourths of the states. The relative ease of amending the Oregon Constitution reflects the state's commitment to ensuring that its governing document remains adaptable to the changing needs and priorities of its citizens.
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Citizen-initiated amendments
The Oregon Constitution can be amended through a citizen-initiated amendment process. This process involves the following steps:
Step 1: Petition
The first step is to propose an amendment through a petition. This petition must be signed by a number of qualified voters equal to eight percent of the total votes cast in the previous gubernatorial election. The signatures must be collected and filed at least four months before the election when the proposed amendment will be voted on.
Step 2: Ballot Measure
Once the petition has enough valid signatures, the proposed amendment is placed on the ballot for the next election. This is known as a ballot measure.
Step 3: Voter Approval
For the amendment to be ratified and become part of the Oregon Constitution, it must be approved by a simple majority of voters. This means that a majority of voters who participate in the election must vote 'yes' on the ballot measure.
History of Citizen-Initiated Amendments
The process of citizen-initiated amendments was established in Oregon in 1902 when voters approved Measure 1 to adopt an initiative and referendum process. This allowed citizens to propose and approve amendments directly, bypassing the state legislature. Oregon was the third state to adopt such a process, after South Dakota and Utah.
Since then, the Oregon Constitution has been amended 260 times, with the most recent amendment being approved by voters on November 5, 2024.
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Convention-referred amendments
The Oregon Constitution can be amended with a convention-referred amendment, which is one of three types of amendments that require voter approval. The other two types are legislative and citizen-initiated amendments.
A convention-referred amendment is when a constitutional convention is held to propose changes to the constitution. This process begins with the creation of a petition that must be signed by a certain number of qualified voters. The specific number required is eight percent of the total votes cast for the election of the Governor of Oregon. This petition must be filed at least four months before the election at which the proposed amendment will be voted on.
Once the petition has been successfully submitted, the constitutional convention can be held. The convention is a gathering of delegates who will discuss and propose changes to the constitution. These delegates can be selected in a variety of ways, and the plans for their selection are typically drafted by a group of lawyers. After the convention, the proposed amendments are then put before the voters of Oregon for approval.
It is worth noting that Oregon's constitution is easier to amend than its federal counterpart. While amending the U.S. Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states, amending the Oregon Constitution only requires a simple majority of favourable votes.
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Petition signatures
The Oregon Constitution can be amended through a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. The process for a citizen-initiated constitutional amendment involves gathering petition signatures from qualified voters totaling eight percent of the total votes cast for the election of the Governor of Oregon at the previous gubernatorial election.
The specific steps for a petition-driven constitutional amendment in Oregon are as follows:
- The first step is to propose the amendment through a petition. The petition must be signed by a sufficient number of qualified voters, as mentioned above. This process is outlined in Section 2 of Article XVII and Section 1 of Article IV of the Oregon Constitution.
- The signatures on the petition must be gathered and filed at least four months before the election at which the proposed amendment will be voted on. This timing is crucial and is specified in Article IV.
- It is important to note that the initiative process outlined in Article IV has certain restrictions. For example, Section 1b prohibits paying for each signature, ensuring that the process remains authentic and representative of the voters' will.
- Once the petition meets the signature requirement and complies with the relevant restrictions, the proposed amendment can be placed on the ballot for voter consideration.
- Finally, for the amendment to be ratified and become part of the Oregon Constitution, it must receive a simple majority of favorable votes from the voters. This is a lower threshold compared to amending the U.S. Constitution, which requires a two-thirds vote in Congress and ratification by three-fourths of the states.
In summary, the process of amending the Oregon Constitution through a citizen-initiated petition involves gathering a significant number of signatures from qualified voters, adhering to specific timing requirements and restrictions, placing the proposed amendment on the ballot, and ultimately seeking voter approval through a simple majority vote.
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Ratification by voters
The Oregon Constitution can be amended through a legislative, citizen-initiated, or convention-referred constitutional amendment, but all of these methods require voter approval.
The Oregon Constitution is easier to amend than its federal counterpart. Amending the U.S. Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states. In Oregon, once an initiative amendment to the constitution has been placed on the ballot, or once a legislative amendment has been referred to the people by a simple majority vote in the state legislature, a simple majority of favourable votes is enough to ratify it.
To place a citizen-initiated amendment on the ballot, a petition must be signed by a number of qualified voters equal to eight per cent of the total number of votes cast for all candidates for Governor at the last gubernatorial election. These signatures must be filed at least four months before the election at which the proposed amendment is to be voted upon.
Amendments can be proposed in either house of the state legislature. To earn a spot on the ballot, a majority of all the members elected to each of the two houses must vote in favour of a proposed amendment. The legislature can put any such referred amendments on a special election ballot. If more than one amendment is proposed by the legislature, they must be voted on separately.
Oregon voters first approved their constitution in 1857, and it went into effect in 1859 when Oregon became a state. The constitution was not amended until 1902, when voters approved Measure 1 to establish an initiative and referendum process. The state's constitution has since been amended 260 times, with voters most recently approving a new amendment on November 5, 2024.
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Frequently asked questions
The Oregon Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment. All of these methods require voter approval.
An amendment must be proposed by a petition signed by a number of qualified voters equal to eight percent of the total number of votes cast in the last gubernatorial election. These signatures must be filed at least four months before the election at which the proposed amendment is to be voted upon.
Amendments can be proposed in either house of the state legislature. To earn a spot on the ballot, a majority of all the members elected to each of the two houses must vote in favour of the proposed amendment. The legislature can put any such referred amendments on a special election ballot.
