Oregon Ballot Measure 40 (1996) and subsequent measures

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Ballot Measure 40 was an Oregon ballot measure in 1996. The measure brought sweeping reforms to Oregon's justice system, generally in an effort to promote victims' rights.

Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.

Contents

Measure 40 passed with 58.8% of the vote, but was overturned by the Oregon Supreme Court in 1998, on the grounds that it contained more than one amendment to the Oregon Constitution. [1]

Oregon Supreme Court the highest court in the U.S. state of Oregon

The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol building on State Street. The building was finished in 1914 and also houses the state's law library, while the courtroom is also used by the Oregon Court of Appeals.

Measure 40 case precedent has since been cited as the basis for overturning several voter-approved initiatives. Among these are term limits for state office-holders in 2002 and Measure 3, the Oregon Property Protection Act of 2000.

Term limits legislation – term limits for state and federal office-holders – has been a recurring political issue in the U.S. state of Oregon since 1992. In that year's general election, Oregon voters approved Ballot Measure 3, an initiative that enacted term limits for representatives in both houses of the United States Congress and the Oregon Legislative Assembly, and statewide officeholders. It has been described as the strictest term limits law in the country.

Kevin Mannix, the state legislator behind Measure 40, shepherded many of its provisions through the Legislature as statutory enactments (in Senate Bill 936 of 1997) while Measure 40 was being considered in the courts, placing many of the constitutional provisions of Measure 40 into statutory law. [2]

Kevin Mannix American politician

Kevin Leese Mannix is an American politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.

Oregon Legislative Assembly legislative body of Oregon, USA

The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to two-year terms. There are no term limits for either house in the Legislative Assembly.

Oregon Revised Statutes

The Oregon Revised Statutes (ORS) is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative. The statutes are subordinate to the Oregon Constitution.

Armatta v. Kitzhaber

The 1998 Oregon Supreme Court ruling Armatta v. Kitzhaber [1] was a landmark decision for constitutional amendments. A similar decision in California, Jones, had recently upheld the "single subject rule," which essentially states that a single constitutional amendment measure cannot affect more than one subject in the Constitution. [3]

But the Oregon decision went further, stating that a constitutional amendment cannot affect more than a single clause of the Constitution, even if multiple clauses affect the same subject. The decision has had a significant impact on the way initiative drafters have approached their work in the years since. [3]

Mannix subsequently brought seven more measures (Measures 69-75) to voters in 1999 via legislative referral, each originally part of Measure 40. All seven would have amended the Oregon Constitution. Four of the measures were approved by voters. Campaigns for these measures were primarily funded by conservative millionaires Loren Parks and Mark Hemstreet.

Meas
num		passed?YesNo%Ballot Title
69YES40639329241958.15Grants Victims Constitutional Rights In Criminal Prosecutions, Juvenile Court Delinquency Proceedings
70NO28978340742941.56Gives Public, Through Prosecutor, Right To Demand Jury Trial In Criminal Cases
71YES40440429269658.01Limits Pretrial Release Of Accused Person To Protect Victims, Public
72NO31635138268545.26Allows Murder Conviction By 11 To 1 Jury Verdict
73NO32016036984346.4Limits Immunity From Criminal Prosecution Of Person Ordered To Testify About His Or Her Conduct
74YES36889932507853.16Requires Terms Of Imprisonment Announced In Court Be Fully Served, With Exceptions
75YES39967129244557.75Persons Convicted Of Certain Crimes Cannot Serve On Grand Juries, Criminal Trial Juries

See also

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References

  1. 1 2 Armatta v. Kitzhaber, 327 Or. 250, 959 P.2d 49 (1998)
  2. ↑ "Desperate Measures". Willamette Week. October 20, 1999. Retrieved 2007-03-12.
  3. 1 2 Manweller, Mathew (2005). The People Vs. the Courts: Judicial Review and Direct Democracy in the American Legal System. Academica Press. pp. 220–221. ISBN   1-930901-97-6.


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