Oregon Ballot Measure 54 (2008)
Encyclopedia
Oregon Ballot Measure 54 (2008) or House Joint Resolution (HJR 4) is a legislatively-referred constitutional amendment
that removed provisions relating to qualifications of electors for school district elections. The measure is a technical fix designed to remove inoperative, provisions in the Oregon Constitution
which barred those under 21 from voting in school board elections and required voters to be able to pass a literacy
test to vote in school district elections. This measure appeared on the November 4, 2008 general election ballot in Oregon
. It was passed by voters, receiving 72.59% of the vote.
for at least six months before the election and have registered for the election. A citizen meeting these qualifications would also only be allowed to vote in the school election if they could also read and write English
.
Later developments in voting rights laws and in court decisions have made each of those requirements unconstitutional or a violation of federal law
. The 26th Amendment
to the United States Constitution
prevents denial or abridgment of the voting rights of a citizen 18 years of age or older. Federal court
decisions have held that residency requirements of the type which were set forth in section 6, violated the Equal Protection Clause
of the 14th Amendment
to the United States Constitution. In addition, the federal Voting Rights Act of 1965 generally prohibits literacy tests as a condition for eligibility to vote. Because of this, Oregon’s Attorney General
in 1972, Lee Johnson, held that the requirements under section 6 were unenforceable.
were meeting to continue its preparations for the Center for Civic Education's annual We the People: The Citizen and the Constitution
competition, in which knowledge of the U.S. Constitution is tested in a simulated congressional
hearing.
While attending the Grant Constitutional Team meeting Roy Pulvers, a Portland attorney and the father of one of the students, brought up the provisions of Article VIII, Section 6 in the Oregon Constitution to the team and its coaches. He had been preparing for an election-law conference in Washington, D.C.
he was going to be attending, and was reading through relevant Oregon statutes and constitutional provisions. He stated his belief that the requirements of Section 6 were unconstitutional. The team agreed and prompted the students to take action.
At first the students considered filing a lawsuit, but dropped the idea since it was no longer being enforced. Over the course of several months the students broke into small groups and researched the issue, gathering evidence to help overturn what they believed were outdated, unfair voting restrictions still codified in Oregon's Constitution.
Once they felt they had evidence, they drafted a letter outlining their case and sent it to Bill Bradbury
who was then the Oregon Secretary of State
.
His office sent a letter to Hardy Myers
, who was at that time the Oregon attorney general, to take a look at the section and give a legal opinion on the matter. The attorney general's office wrote back saying that while the section is still on the books it was inoperative. This prompted the secretary of state's office to sponsor legislation during the 2007 session of the legislature to amend the state's constitution, which became House Joint Resolution 4 (HJR 4).
On January 24, 2007, lawmakers held public hearings and invited three of the students, Hannah Fisher, Ethan Gross and Pulvers' daughter Evan, to testify in front of the House
Elections Committee. The bill passed the House and Senate
with Rep. Jerry Krummel
(R
-26) of Wilsonville
being the only opposing vote. This placed HJR 4 on the 2008 general election ballot as legislatively-referred constitutional amendment, becoming Measure 54.
The Chair of the House Elections Committee, Representative Diane Rosenbaum
, dismissed such concerns. She pointed out that is not the intention of Measure 54, and that there are no plans to restrict school bond
elections to taxpayers. The measure went on to be passed by voters with an overwhelming 72.59% of the vote, the second largest margin of victory in the November 2008 general election ballot.
Legislatively-referred constitutional amendment
A legislatively-referred constitutional amendment is a constitutional amendment that appears on a state's ballot as a ballot measure because the state legislature in that state voted to put it before the voters....
that removed provisions relating to qualifications of electors for school district elections. The measure is a technical fix designed to remove inoperative, provisions in the Oregon Constitution
Oregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
which barred those under 21 from voting in school board elections and required voters to be able to pass a literacy
Literacy
Literacy has traditionally been described as the ability to read for knowledge, write coherently and think critically about printed material.Literacy represents the lifelong, intellectual process of gaining meaning from print...
test to vote in school district elections. This measure appeared on the November 4, 2008 general election ballot in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. It was passed by voters, receiving 72.59% of the vote.
Background
In 1948, voters passed a ballot measure amending the Oregon Constitution to require that in order to vote in school elections citizens must meet certain qualifications. Those qualifications were set forth in section 6, Article VIII of the Oregon Constitution, and included requirements that a citizen be at least 21 years old, have resided in the school districtSchool district
School districts are a form of special-purpose district which serves to operate the local public primary and secondary schools.-United States:...
for at least six months before the election and have registered for the election. A citizen meeting these qualifications would also only be allowed to vote in the school election if they could also read and write English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
.
Later developments in voting rights laws and in court decisions have made each of those requirements unconstitutional or a violation of federal law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
. The 26th Amendment
Twenty-sixth Amendment to the United States Constitution
The Twenty-sixth Amendment to the United States Constitution limited the minimum voting age to no more than 18. It was adopted in response to student activism against the Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
prevents denial or abridgment of the voting rights of a citizen 18 years of age or older. Federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
decisions have held that residency requirements of the type which were set forth in section 6, violated the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the United States Constitution. In addition, the federal Voting Rights Act of 1965 generally prohibits literacy tests as a condition for eligibility to vote. Because of this, Oregon’s Attorney General
Oregon Attorney General
The Oregon Attorney General is a statutory office within the executive branch of the state of Oregon, and serves as the chief legal officer of the state, heading its Department of Justice with its six operating divisions. The Attorney General is chosen by statewide partisan election to serve a term...
in 1972, Lee Johnson, held that the requirements under section 6 were unenforceable.
Path to the ballot
The move to put this measure before the voters began when in the spring of 2006 when the Grant High School Constitution Team in PortlandPortland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
were meeting to continue its preparations for the Center for Civic Education's annual We the People: The Citizen and the Constitution
We the People: The Citizen and the Constitution
We the People: The Citizen and the Constitution, sponsored by the Center for Civic Education, is a yearly competition for American high school students held in Washington D.C. The competition is styled as a congressional hearing. Each team is divided up into six units, each composed of three or...
competition, in which knowledge of the U.S. Constitution is tested in a simulated congressional
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
hearing.
While attending the Grant Constitutional Team meeting Roy Pulvers, a Portland attorney and the father of one of the students, brought up the provisions of Article VIII, Section 6 in the Oregon Constitution to the team and its coaches. He had been preparing for an election-law conference in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
he was going to be attending, and was reading through relevant Oregon statutes and constitutional provisions. He stated his belief that the requirements of Section 6 were unconstitutional. The team agreed and prompted the students to take action.
At first the students considered filing a lawsuit, but dropped the idea since it was no longer being enforced. Over the course of several months the students broke into small groups and researched the issue, gathering evidence to help overturn what they believed were outdated, unfair voting restrictions still codified in Oregon's Constitution.
Once they felt they had evidence, they drafted a letter outlining their case and sent it to Bill Bradbury
Bill Bradbury
Bill Bradbury is an American politician from the U.S. state of Oregon. A native of Illinois, he grew up in Chicago and Pennsylvania before moving to the West Coast where he worked in broadcast journalism before running for public office. Democrat, he served as Oregon Secretary of State from 1999...
who was then the Oregon Secretary of State
Oregon Secretary of State
The Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
.
His office sent a letter to Hardy Myers
Hardy Myers
Hardy Myers is a lawyer and Democratic politician who served three terms as attorney general of the state of Oregon, United States...
, who was at that time the Oregon attorney general, to take a look at the section and give a legal opinion on the matter. The attorney general's office wrote back saying that while the section is still on the books it was inoperative. This prompted the secretary of state's office to sponsor legislation during the 2007 session of the legislature to amend the state's constitution, which became House Joint Resolution 4 (HJR 4).
On January 24, 2007, lawmakers held public hearings and invited three of the students, Hannah Fisher, Ethan Gross and Pulvers' daughter Evan, to testify in front of the House
Oregon House of Representatives
The Oregon House of Representatives is the lower house of the Oregon Legislative Assembly. There are 60 members of the House, representing 60 districts across the state, each with a population of 57,000. The House meets at the Oregon State Capitol in Salem....
Elections Committee. The bill passed the House and Senate
Oregon State Senate
The Oregon State Senate is the upper house of the state-wide legislature for the U.S. state of Oregon. Along with the lower chamber Oregon House of Representatives it makes up the Oregon Legislative Assembly. There are 30 members of the State Senate, representing 30 districts across the state,...
with Rep. Jerry Krummel
Jerry Krummel
Gerald A. Krummel is a Republican politician from the U.S. state of Oregon. A native of Washington, he served as mayor of Wilsonville, Oregon in the 1990s. An educator and athletic trainer, he is a former member of the Oregon House of Representatives, representing Wilsonville and parts of...
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-26) of Wilsonville
Wilsonville, Oregon
Wilsonville is a city primarily in Clackamas County, Oregon, United States. A portion of the northern section of the city is in Washington County. Originally founded as Boones Landing due to the Boones Ferry which crossed the Willamette River at the location, the community became Wilsonville in...
being the only opposing vote. This placed HJR 4 on the 2008 general election ballot as legislatively-referred constitutional amendment, becoming Measure 54.
Passage
While there was no organized opposition to the measure, it was reported there was a theoretical problem with striking Section 6. Portland Constitutional lawyer Chuck Hinkle expressed a concern that if passed, the measure might prevent people who do not own property from voting in school district elections.The Chair of the House Elections Committee, Representative Diane Rosenbaum
Diane Rosenbaum
Diane M. Rosenbaum is an American politician in the US state of Oregon and the current Majority Leader of the Oregon State Senate. She was a Democratic member of the Oregon House of Representatives, representing District 42 from 1998 to 2009. She served as Speaker Pro Tempore...
, dismissed such concerns. She pointed out that is not the intention of Measure 54, and that there are no plans to restrict school bond
Municipal bond
A municipal bond is a bond issued by a city or other local government, or their agencies. Potential issuers of municipal bonds includes cities, counties, redevelopment agencies, special-purpose districts, school districts, public utility districts, publicly owned airports and seaports, and any...
elections to taxpayers. The measure went on to be passed by voters with an overwhelming 72.59% of the vote, the second largest margin of victory in the November 2008 general election ballot.
External links
- Oregon Voters' Pamphlet for Measure 54 - from the Oregon Secretary of StateOregon Secretary of StateThe Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
- HJR 4 complete summary
- Information and status on this ballot measure - from the Oregon Secretary of State
- Oregon Ballot Measure 54 (2008) - from Ballotpedia