2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 188 - Congressional and Legislative Districts; Reapportionment
Section 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 188.140 to delete the boundaries established by the Legislative Assembly in 2011 and enact new congressional district boundaries. Petitions were filed with the Marion County Circuit Court challenging the congressional district boundaries enacted by the Legislative Assembly. Pursuant to section 1, chapter 419, Oregon Laws 2021, on November 24, 2021, a five-member special judicial panel held that the congressional district boundaries enacted by the Legislative Assembly complied with all applicable statutes and the United States and Oregon Constitutions and approved the reapportionment enacted by the Legislative Assembly. The petitioners opted not to file a direct appeal to the Oregon Supreme Court in the manner provided by section 1, chapter 419, Oregon Laws 2021.
The plan enacted by the Legislative Assembly on September 27, 2021, and approved by the special judicial panel on November 24, 2021, is printed in ORS 188.140.
