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: Oregon Legal Research

Oregon Constitution in Small Bites: Bite #9 (Article II, Suffrage and Elections)

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Previous Bites:
Oregon Constitution in Small Bites: Bite #1 and Bite #2 (Bill of Rights, 1-6)
Oregon Constitution in Small Bites: Bite #3 (Bill of Rights, 7-12)
Oregon Constitution in Small Bites: #4 (Bill of Rights, 13-20)
Oregon Constitution in Small Bites: #5 (Bill of Rights, 21-30)
Oregon Constitution in Small Bites: #6 (Bill of Rights, 32-39)
Oregon Constitution in Small Bites #7: Bill of Rights, 40-42)
Oregon Constitution in Small Bites: #8 (Bill of Rights, 43-45)

Today:
Oregon Constitution in Small Bites: Bite #9 (Article II, Suffrage and Elections, Sections 1-10)

ARTICLE II
SUFFRAGE AND ELECTIONS

Sec. 1. Elections free
2. Qualifications of electors
3. Rights of certain electors
4. Residence
5. Soldiers, seamen and marines; residence; right to vote
7. Bribery at elections
8. Regulation of elections
9. Penalty for dueling
10. Lucrative offices; holding other offices forbidden

Section 1. Elections free. All elections shall be free and equal.?

Section 2. Qualifications of electors. (1) Every citizen of the United States is entitled to vote in all elections not otherwise provided for by this Constitution if such citizen:
(a) Is 18 years of age or older;
(b) Has resided in this state during the six months immediately preceding the election, except that provision may be made by law to permit a person who has resided in this state less than 30 days immediately preceding the election, but who is otherwise qualified under this subsection, to vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States; and
(c) Is registered not less than 20 calendar days immediately preceding any election in the manner provided by law.
(2) Except as otherwise provided in section 6, Article VIII of this Constitution with respect to the qualifications of voters in all school district elections, provision may be made by law to require that persons who vote upon questions of levying special taxes or issuing public bonds shall be taxpayers. [Constitution of 1859; Amendment proposed by initiative petition filed Dec. 20, 1910, and adopted by the people Nov. 5, 1912; Amendment proposed by S.J.R. 6, 1913, and adopted by the people Nov. 3, 1914; Amendment proposed by S.J.R. 6, 1923, and adopted by the people Nov. 4, 1924; Amendment proposed by H.J.R. 7, 1927, and adopted by the people June 28, 1927; Amendment proposed by H.J.R. 5, 1931, and adopted by the people Nov. 8, 1932; Amendment proposed by H.J.R. 26, 1959, and adopted by the people Nov. 8, 1960; Amendment proposed by H.J.R. 41, 1973, and adopted by the people Nov. 5, 1974; Amendment proposed by initiative petition filed July 20, 1986, and adopted by the people Nov. 4, 1986]

Note: The leadline to section 2 was a part of the measure submitted to the people by initiative petition (Measure No. 13, 1986) and adopted by the people Nov. 4, 1986.

Section 3. Rights of certain electors. A person suffering from a mental handicap is entitled to the full rights of an elector, if otherwise qualified, unless the person has been adjudicated incompetent to vote as provided by law. The privilege of an elector, upon conviction of any crime which is punishable by imprisonment in the penitentiary, shall be forfeited, unless otherwise provided by law. [Constitution of 1859; Amendment proposed by S.J.R. 9, 1943, and adopted by the people Nov. 7, 1944; Amendment proposed by S.J.R. 26, 1979, and adopted by the people Nov. 4, 1980]

Section 4. Residence. For the purpose of voting, no person shall be deemed to have gained, or lost a residence, by reason of his presence, or absence while employed in the service of the United States, or of this State; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any Seminary of Learning; nor while kept at any alms house, or other assylum [sic], at public expence [sic]; nor while confined in any public prison.?

Section 5. Soldiers, seamen and marines; residence; right to vote. No soldier, seaman, or marine in the Army, or Navy of the United States, or of their allies, shall be deemed to have acquired a residence in the state, in consequence of having been stationed within the same; nor shall any such soldier, seaman, or marine have the right to vote.?

Section 6. Right of suffrage for certain persons. [Constitution of 1859; Repeal proposed by H.J.R. 4, 1927, and adopted by the people June 28, 1927]

Section 7. Bribery at elections. Every person shall be disqualified from holding office, during the term for which he may have been elected, who shall have given, or offered a bribe, threat, or reward to procure his election.?

Section 8. Regulation of elections. The Legislative Assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulating, and conducting elections, and prohibiting under adequate penalties, all undue influence therein, from power, bribery, tumult, and other improper conduct.?

Section 9. Penalty for dueling. Every person who shall give, or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust, or profit.?

Section 10. Lucrative offices; holding other offices forbidden. No person holding a lucrative office, or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constition [sic] expressly permitted; Provided, that Officers in the Militia, to which there is attached no annual salary, and the Office of Post Master, where the compensation does not exceed One Hundred Dollars per annum, shall not be deemed lucrative.?

Whole meal: Oregon Constitution.

Full post as published by Oregon Legal Research on October 15, 2008 (boomark / email).

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