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Wednesday, February 22, 2017

Article XV, sections 5 to 9 of the Oregon State Constitution

In this post we look at Section 5 through 9 of Article XV of the Oregon State Constitution.  Article XV is entitled "Miscellaneous" and we shall see a variety of topics being dealt with in this post.

Section 5

This section is kind of a bit of women's rights in that if the wife owns property in her own name only, creditors of her husband cannot try to recover it in payment of debts.  I wonder if it works in the opposite way as well.

Section 5a

This section defines marriage as between one man and one woman.  However, I believe this has been struck down as unconstitutional.

Section 6

This section puts a limit on the smallest size that a county can be.

Section 7

This section is a conflict of interest provision in that no one who is suing the State cannot be an officer of the State or a member of the Legislative Assembly.

Section 8

This section provides a couple of exemptions with regards to prohibitions on holding multiple offices.  It's unclear why they did not simply modify the clauses referenced in the other Articles rather than create this hidden appendage to the rules, but I am sure there were reasons.

Section 9

This section is a clarification to the elections rules.  Again, why they did not include this in Article II, I don't know.  But essentially, this says that if an office is actually vacant, then the newly elected replacement can be considered in office as of the day of the election took place.

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