McCall v. Legislative Assembly

634 P.2d 223, 291 Or. 663
CourtOregon Supreme Court
DecidedSeptember 23, 1981
Docket28016, 28042, 28045, 28061, 28064, 27946, 28054
StatusPublished
Cited by20 cases

This text of 634 P.2d 223 (McCall v. Legislative Assembly) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCall v. Legislative Assembly, 634 P.2d 223, 291 Or. 663 (Or. 1981).

Opinions

[667]*667LINDE, J.

In 1952, the people of Oregon initiated and adopted a constitutional amendment to assure themselves of a constitutional apportionment of the Legislative Assembly after each federal census. The amendment provided for review by this court of challenges to a reapportionment measure enacted by the Legislative Assembly, for preparation of a reapportionment by the Secretary of State if the assembly enacts no reapportionment measure or enacts a faulty one, and for further review by this court of any reapportionment thus prepared by the Secretary of State. Or Const Art IV, § 6. The present proceeding concerns the first of these steps, review of the reapportionment measure enacted by the Legislative Assembly and signed by the governor on June 30 of this year. 1981 Or Laws ch 261.

The scope of review

It is important to state our exact task in this proceeding in more detail. This is not an ordinary lawsuit. The 1952 amendment of Article IV, section 6, vested original jurisdiction in this court, upon the petition of any qualified elector, to determine whether a reapportionment made by the legislature or by the Secretary of State complies with subsection (1) of that section.1 Other issues may arise in different legal proceedings. The present issues, however, are defined by the grant of original jurisdiction.

Our review therefore is directed to compliance with Article IV, section 6(1). This does not avoid difficult problems of constitutional interpretation. In the last such proceeding, ten years ago, the court decided that the people intended to secure compliance with subsection (1) of Article IV, section 6, to the extent consistent with binding federal standards, on that occasion the so-called one person, one vote standard under the equal protection clause of the 14th [668]*668amendment.2 The court therefore held that its jurisdiction extended to directing the Secretary of State to depart from subsection (1) when necessary to comply with this constitutional mandate. Hovet v. Myers, 260 Or 152, 159-61, 489 P2d 684 (1971). On familiar principles, also, the terms of subsection (1) itself must be interpreted and applied in harmony with other provisions of the Oregon Constitution. It therefore is not beyond the directive of section 6(2) to consider other constitutional provisions that shed light on subsection (1), especially provisions concerning the relation between legislators and citizens. It nonetheless is subsection (1) we interpret.

In the task of redistricting that resulted in the plan before us, chapter 261, the Legislative Assembly was bound by several constitutional constraints. The reapportionment had to provide ratios between the population of any district and the numbers of senators or representatives apportioned to that district which would come as close as realistically feasible to the ratios between the state’s total population and the total numbers of senators and representatives. Presently the prescribed membership of the senate and house is 30 and 60, respectively. ORS 188.210 to 188.240. These numbers could be reduced but not increased without constitutional amendment.3 Assuming the established membership for each house, the 1980 census figures called for population ratios of 87,755 for a senator and 43,878 for a representative. The ratio could be met by single member districts or by multimember districts, provided [669]*669the rules respecting county lines were honored.4 Furthermore, senators are elected for four-year terms, one half of the prescribed membership to be elected every second year.5

The reapportionment measure

The paper rules of the state and federal constitutions do not produce an apportionment. The difficult practical task is to apply these rules to the realities of the state’s geography, its economy, the local entities that administer many state programs, the shared social concerns that exist within and those that exist across local boundaries, and the networks of transportation and communications that link separate localities into larger communities. To accommodate such variables in constituting an elected legislature for a decade goes beyond constitutional law to the essence [670]*670of constitutional politics. Before the 1980 census, the Legislative Assembly addressed in advance the criteria to govern the forthcoming reapportionment. In 1979 Or Laws ch 667, now ORS 188.010, the legislature stated:

“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 Representative districts shall be wholly included within a single state senatorial district.
“(5) A state senatorial district shall be wholly included within a single congressional district, when practicable.”

The reapportionment measure enacted in 1981, chapter 261, originated in the House of Representatives as House Bill 2001. The bill continued the existing use of single member districts in both house and senate, with each senate district composed of two house districts. Two other provisions of HB 2001 are important in the case before us.

The bill itself carried an effective date of July 1,1981, (§8), but § 7, as passed by the house, provided:

“This Act shall not become operative until the day of the regular general election in 1982, except that it shall be operative prior thereto for the purpose of nomination of candidates to be voted upon for the office of Senator or Representative at the regular general election in 1982.”

Also, section 6 of the bill as passed by the House provided: “The following senatorial districts shall be served by the [671]*671senators elected for terms ending in 1985 from the former senatorial districts:...,” followed by a list matching 15 old and new senate districts. In other words, the preexisting legislative districts would remain in effect until the day of the 1982 general election, when 60 representatives and 15 senators would be elected from the newly formed districts. Each of the 15 other newly formed senate districts would be “served” by a holdover senator from a previous senate district specified in the bill.

The senate made a number of changes in HB 2001, but sections 6 and 7 remained as stated above.

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Cite This Page — Counsel Stack

Bluebook (online)
634 P.2d 223, 291 Or. 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccall-v-legislative-assembly-or-1981.