188.305���� Senate districts GENERAL PROVISIONS ����� 188.010 Criteria for apportionment of state into congressional and legislative districts. The Legislative Assembly or the Secretary of Sta

188.305���� Senate districts

GENERAL PROVISIONS

����� 188.010 Criteria for apportionment of state into congressional and legislative districts. The Legislative Assembly or the Secretary of State, whichever is applicable, shall consider the following criteria when apportioning the state into congressional and legislative districts:

����� (1) Each district, as nearly as practicable, shall:

����� (a) Be contiguous;

����� (b) Be of equal population;

����� (c) Utilize existing geographic or political boundaries;

����� (d) Not divide communities of common interest; and

����� (e) Be connected by transportation links.

����� (2) No district shall be drawn for the purpose of favoring any political party, incumbent legislator or other person.

����� (3) No district shall be drawn for the purpose of diluting the voting strength of any language or ethnic minority group.

����� (4) Two state House of Representatives districts shall be wholly included within a single state senatorial district. [1979 c.667 �1; 1981 c.864 �2]

����� 188.015 [1989 c.114 �1; 1997 c.249 �55; renumbered 188.025 in 2015]

����� 188.016 Required hearings for apportionment of state into congressional and legislative districts; conduct of hearings. (1) When apportioning the state into congressional or legislative districts, the Legislative Assembly shall hold at least 10 public hearings at locations throughout the state prior to proposing a reapportionment plan.

����� (2) In addition to the hearings required under subsection (1) of this section, the Legislative Assembly or the Secretary of State, whichever is applicable, shall:

����� (a) To the extent practicable, hold six public hearings after a reapportionment plan is proposed, but before the plan is adopted. The adoption of a reapportionment plan may not be delayed by the impracticability of holding one or more of the hearings required under this subsection.

����� (b) Conduct the hearings required under this subsection either in six different congressional districts of this state or with the use of videoconferencing technologies that permit active citizen participation throughout the state.

����� (3) In holding the hearings required under subsections (1) and (2) of this section, the Legislative Assembly or the Secretary of State, whichever is applicable, must:

����� (a) Provide appropriate public notice of the time and location of each hearing;

����� (b) Hold at least one hearing required under subsection (1) of this section in each congressional district of this state;

����� (c) Hold at least one hearing required under subsection (1) of this section and one hearing required under subsection (2) of this section in areas that have experienced the largest shifts in population since the previous reapportionment, and prioritize holding additional public hearings in these areas; and

����� (d) Permit and make provision for individuals at remote sites throughout the state to provide public testimony at the hearings through the use of video equipment. [2015 c.257 �2; 2023 c.604 �3]

����� 188.025 Apportionment duties of Secretary of State; rules. The Secretary of State shall adopt rules the secretary considers necessary in carrying out the secretary�s reapportionment duties under ORS 188.010 to 188.305 and section 6, Article IV of the Oregon Constitution. [Formerly 188.015]

CONGRESSIONAL DISTRICTS

����� 188.110 Election of United States Representative in Congress. One Representative to the Congress of the United States shall be elected in each congressional district at the general election every two years. [Formerly 250.300]

����� 188.120 Filling vacancy in election or office of United States Representative or Senator; temporary appointment of United States Senator by Governor. (1) If a vacancy in election or office of Representative in Congress or United States Senator occurs before the 61st day before the general election, the Governor shall call a special election to fill that vacancy.

����� (2) If a vacancy in election or office of United States Senator occurs after the 62nd day before the general election but on or before the general election, and if the term of that office is not regularly filled at that election, the Governor shall call a special election to fill the vacancy.

����� (3) For any special election called by the Governor under subsection (1) or (2) of this section to fill a vacancy in election or office of United States Senator, the special election must occur not less than 80 days and not more than 150 days after the vacancy occurred.

����� (4) If a special election to fill the vacancy in election or office of Representative in Congress is called before the 80th day after the vacancy occurs, each major political party shall select its nominee for the office and certify the name of the nominee to the Secretary of State. The Secretary of State shall place the name of the nominee on the ballot.

����� (5) If a special election to fill the vacancy in election or office of Representative in Congress or United States Senator is called after the 79th day after the vacancy occurs, a special primary election shall be conducted by the Secretary of State for the purpose of nominating a candidate of each major political party. A declaration of candidacy or nominating petition may be filed not later than the 10th day following the issuance of the writ of election.

����� (6)(a) For a vacancy in election or office of United States Senator, the Governor shall fill the vacancy by appointment. The Governor shall make the appointment required under this subsection no later than 30 days after the vacancy occurs.

����� (b) A person appointed under this subsection must:

����� (A) Be a citizen qualified to hold the office; and

����� (B) For at least 180 days before the date on which the vacancy occurred, be affiliated with the same political party as the person who vacated the office of United States Senator.

����� (c) The political affiliation of a person appointed under this subsection shall be determined in accordance with ORS 236.100.

����� (d) An appointment made under this subsection shall expire when the term of office ends or a successor to the office is elected and qualified under this section, whichever occurs first.

����� (e) The Governor may not appoint the Governor to fill a vacancy in the office of United States Senator. [Formerly 249.654; 1985 c.586 �1; 1995 c.607 �60; 2025 c.318 �1]

����� 188.125 Elector challenge of legislative apportionment of state into congressional districts; elector request for court apportionment of state into congressional districts; process; time frame; standard of review. (1) As used in this section:

����� (a) �Elector� has the meaning given that term in ORS 247.002.

����� (b) �Legislatively adopted reapportionment plan� means a plan for the reapportionment of congressional districts that has passed the Legislative Assembly and that is signed, or allowed to become law without signature, by the Governor.

����� (2) An elector may file a petition in Marion County Circuit Court on or before August 1 in the year following the federal decennial census to:

����� (a) Challenge a legislatively adopted reapportionment plan; or

����� (b) Request a reapportionment of congressional districts if:

����� (A) The Legislative Assembly failed to pass a reapportionment of congressional districts by July 1 of a regular session of the Legislative Assembly held in that same year; or

����� (B) The Governor vetoed the reapportionment of congressional districts passed by the Legislative Assembly and the Legislative Assembly did not override the veto.

����� (3) The Secretary of State shall serve as respondent in any petition filed under subsection (2) of this section.

����� (4) An elector may file a petition in Marion County Circuit Court on or before August 15 to intervene in a petition filed under subsection (2) of this section.

����� (5)(a) A petition filed under subsection (2) or (4) of this section may include any materials from the legislative record relating to congressional reapportionment plans.

����� (b) A petition filed under subsection (2) of this section must include:

����� (A) The legislatively adopted reapportionment plan that is being challenged and an explanation of the factual and legal defects in the plan.

����� (B) If no legislatively adopted reapportionment plan was passed, the petition must include the petitioner�s proposed reapportionment plan and an explanation of how the plan complies with all applicable statutes and the United States and Oregon Constitutions.

����� (c) A petition to intervene filed under subsection (4) of this section must include an explanation of the factual and legal defects with assertions made in a petition filed under subsection (2) of this section.

����� (6) If an elector files a petition under subsection (2) of this section, the Chief Justice of the Supreme Court shall appoint a special judicial panel. The panel shall consist of one state circuit court judge, senior judge or judge who is serving as a judge pro tempore under ORS 238.535 (1)(c) from each congressional district in this state. The Chief Justice shall also select one of the appointed judges to preside over the special judicial panel and to make all rulings on procedural and evidentiary matters before the panel.

����� (7) Jurisdiction is vested in the special judicial panel described in subsection (6) of this section to decide any petitions filed under subsections (2) and (4) of this section. The panel may:

����� (a) Consolidate some or all petitions filed under subsections (2) and (4) of this section.

����� (b) Allow amicus curiae to file briefs and participate in oral arguments.

����� (c) Request that the Chief Justice appoint a special master to receive evidence and to prepare recommended findings of fact. Upon receiving such a request from the special judicial panel, the Chief Justice shall appoint a special master. A special master appointed by the Chief Justice under this paragraph must be a state circuit court judge, senior judge or judge who is serving as a judge pro tempore under ORS 238.535 (1)(c).

����� (8) The special judicial panel shall employ the following standards in deciding upon a reapportionment plan:

����� (a) For a legislatively adopted reapportionment plan, the panel must affirm the plan if the plan complies with all applicable statutes and the United States and Oregon Constitutions. If the panel finds that the legislatively adopted reapportionment plan does not comply with applicable statutes or the United States or Oregon Constitution, the panel may create its own reapportionment plan. A reapportionment plan adopted by the panel under this paragraph must comply with all applicable statutes and the United States and Oregon Constitutions.

����� (b) If no legislatively adopted reapportionment plan was passed, the panel must consider all plans submitted by petitioners and intervenors, but may create its own reapportionment plan. A reapportionment plan adopted by the panel under this paragraph must comply with all applicable statutes and the United States and Oregon Constitutions.

����� (9)(a) The special judicial panel shall decide whether to dismiss a petition filed under subsection (2) of this section that challenges a legislatively adopted reapportionment plan by September 1.

����� (b) If the panel dismisses the petition under this subsection, a party to the action may appeal the decision by filing a notice of appeal with the Supreme Court on or before September 15.

����� (10)(a) The special judicial panel shall decide all other petitions filed under subsection (2) of this section, including petitions challenging a legislatively adopted reapportionment plan that the panel does not dismiss under subsection (9)(a) of this section, by October 1.

����� (b) A party to the action may appeal a decision reached under this subsection by filing a notice of appeal with the Supreme Court on or before October 15.

����� (11) The Supreme Court shall:

����� (a) Hear any appeal brought under subsection (9) or (10) of this section; and

����� (b) Employ the following standards in deciding upon a reapportionment plan affirmed or adopted by the special judicial panel:

����� (A) For a legislatively adopted reapportionment plan, the Supreme Court must affirm the plan if the plan complies with all applicable statutes and the United States and Oregon Constitutions. If the court finds that the legislatively adopted reapportionment plan does not comply with applicable statutes or the United States or Oregon Constitution, the court may create its own reapportionment plan. A reapportionment plan adopted by the Supreme Court under this subparagraph must comply with all applicable statutes and the United States and Oregon Constitutions.

����� (B) For a reapportionment plan that was adopted unanimously by the special judicial panel, the Supreme Court must affirm the plan if the plan complies with all applicable statutes and the United States and Oregon Constitutions. If the court finds that the unanimously adopted reapportionment plan does not comply with applicable statutes or the United States or Oregon Constitution, the court may create its own reapportionment plan. A reapportionment plan adopted by the Supreme Court under this subparagraph must comply with all applicable statutes and the United States and Oregon Constitutions.

����� (C) For a reapportionment plan that was created or adopted by the special judicial panel by a less than unanimous decision, the Supreme Court may, in its discretion, try the cause anew upon the record. This review must be based on the record created by the special judicial panel, but the Supreme Court may make its own determinations of law or underlying findings of fact. After conducting its review, the Supreme Court may affirm the panel�s reapportionment plan, amend the panel�s reapportionment plan or adopt a new reapportionment plan. A reapportionment plan decided upon by the Supreme Court under this subparagraph must comply with all applicable statutes and the United States and Oregon Constitutions.

����� (12) If a party to an action files a notice of appeal with the Supreme Court under subsection (9) of this section:

����� (a) The Supreme Court shall decide whether to approve the legislatively adopted reapportionment plan without any changes by October 1.

����� (b) If the Supreme Court determines that the legislatively adopted reapportionment plan must be amended or substituted, by November 1 the court shall direct the special judicial panel to make such changes.

����� (c) The special judicial panel shall make any required changes and submit a revised reapportionment plan to the Supreme Court by December 1.

����� (d) The Supreme Court shall review the reapportionment plan revised by the special judicial panel and approve a final reapportionment plan by December 15.

����� (13) If a party to an action files a notice of appeal with the Supreme Court under subsection (10) of this section:

����� (a) The Supreme Court shall decide whether to approve a legislatively adopted reapportionment plan or a reapportionment plan that was unanimously adopted by the special judicial panel without any changes by November 1.

����� (b) The Supreme Court shall decide whether to approve a less than unanimous decision of the special judicial panel without any changes by November 15.

����� (c) If the Supreme Court determines that changes are required for a reapportionment plan approved by the special judicial panel, by November 15 the Supreme Court shall direct the panel to make such changes.

����� (d) The special judicial panel shall make any required changes and submit a revised reapportionment plan to the Supreme Court by December 1.

����� (e) The Supreme Court shall review the reapportionment plan revised by the special judicial panel and approve a final reapportionment plan by December 15.

����� (14) A final reapportionment plan resulting from a petition filed under subsection (2) or (4) of this section becomes operative on January 1 of the calendar year next following the applicable deadline for deciding on a final reapportionment plan under this section. [2013 c.611 �2]

����� 188.130 [Formerly 250.295; 1981 c.864 �1; repealed by 1997 c.249 �56]

����� 188.135 [See note following]

Note: After adjournment of the 2001 regular session of the Legislative Assembly, the Multnomah County Circuit Court ordered adoption of congressional district boundaries. The court�s order arose out of Perrin v. Kitzhaber, No. 0107-07021, which held the congressional district boundaries described in 188.135 unconstitutional. The court�s opinion was dated October 19, 2001. The court�s judgment was dated October 30, 2001. The ordered congressional district boundaries were set forth in 188.140 and the text of 188.135 was deleted.

����� In 2011, the Legislative Assembly amended 188.140 to delete the boundaries ordered by the court in 2001 and adopt new congressional district boundaries.

����� 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 congressional reapportionment. The United States Census Bureau instead provided Oregon with this redistricting data on August 12, 2021. On September 27, 2021, the Legislative Assembly met in a special legislative session and amended ORS