Article IV, sections 5 & 6 of the Oregon State Constitution

We continue to look at Article IV of the Oregon State Constitution.

Section 5 had a requirement for a census.  This was to be able to determine the right number of representatives and senators as well as to support any redistricting required.  Since this in many ways duplicated the efforts of the federal census, the section was repealed in 1972.  Here's a link to information about the census records.

While re-apportionment or redistricting was mentioned in previous sections of this Article, section 6 really provides the details on how re-apportionment of districts is to be done.  This is a lengthy section consisting of 6 subsections.  The first subsection explained that reapportionment is done after each census.  Subsection (2) gives some details on the ability to have a reapportionment reviewed by the judicial branch.  This ensures that any hijinks that the legislature might try to pull regarding reapportionment can get corrected through some mechanism.  If the legislature fails to act, then subsection (3) comes into play to demand that the executive branch starts the process for reapportionment.  Subsection (4) states that when there is a reapportionment that happens, this is treated as a law for consideration in the legal system with the exception that it cannot be the subject of an initiative or referendum which is clearly necessary.  Subsection (5) discusses that when the boundaries of a jurisdiction shift, for the purposes of recall, the petitioners for the recall have to be from the new jurisdiction after it comes into force per the timing stated in subsection (6).

Finally, in subsection (6), it states that all this becomes effective in January of the first odd numbered year after the census is performed.  It is further enacted through Oregon Revised Statutes 188.