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Monday, February 27, 2017

Article XVII of the Oregon State Constitution

In this post, we look at Article XVII of the Oregon State Constitution.  Article XVII is entitled "Amendments and Revisions" and this section defines how the Constitution of the State of Oregon can be amended and revised.  The difference between the amendment and revision is that an amendment adds something new and does not delete anything in existence whereas a revision changes something that is in existence (but also may add something new on top of that change).
One of the things that make a revision and an amendment, for practical purposes, the same is that if you have an amendment that starts with "Notwithstanding Article (some number), section (some number)...", this is technically an amendment per how Article XVII looks at it, but in fact is essentially a revision since it may be effectively nullifying a different section of the Constitution.  One of the things that is played with a lot by political operatives is whether something will be presented at the general election or at a primary election, or perhaps a special election.  Clearly, the general election when there is a presidential choice to be made are the elections with the greatest participation vs. a primary vote during the off-presidential year.  And based on the polling, sometimes you need that and sometimes you don't want it.  It depends on the demographics, the partisan base and relative opinions of the different groups and their likelihood to go and vote in any specific election.
In any case, changes have to be proposed by the Legislature or by petition of the people and then put to a vote at an election and if it gets a majority of the votes cast, the constitution is changed.

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