Senate Joint Resolution 37--Referred to the Electorate of Oregon by the 1995 Legislature to be voted on at the General Election, November 5, 1996.
RESULT OF "YES" VOTE: "Yes" vote requires Governor's appointees to vacate office if successor not confirmed within 90 days.
RESULT OF "NO" VOTE: "No" vote retains law allowing Governor's appointees to serve until successor is appointed and confirmed.
SUMMARY: Currently, an official appointed by the Governor and subject to Senate confirmation may continue in office until the official's successor is appointed and confirmed. This measure amends the Oregon Constitution to provide that such an official may not hold office longer than 90 days after the end of the official's term. The measure could cause an appointed office to be vacant until the official's successor is confirmed. This could preclude some state agencies from issuing orders or conducting other business during such a vacancy.
ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues.
Be It Resolved by the Legislative Assembly of the State of Oregon:
PARAGRAPH 1. Section 1, Article XV of the Constitution of the State of Oregon, is amended to read:
Sec. 1. (1) All officers, except members of the Legislative Assembly and incumbents who seek reelection and are defeated, shall hold their offices until their successors are elected, and qualified. Persons who are appointed by the Governor who are subject to Senate confirmation as provided in section 4, Article III of this Constitution, shall hold their offices until their successors are appointed and confirmed or 90 days from the end of their terms, whichever comes first.
(2) If an incumbent seeks reelection and is defeated, [he] the incumbent shall hold office only until the end of [his] the term of the incumbent; and if an election contest is pending in the courts regarding that office when the term of such an incumbent ends and a successor to the office has not been elected or if elected, has not qualified because of such election contest, the person appointed to fill the vacancy thus created shall serve only until the contest and any appeal is finally determined notwithstanding any other provision of this Constitution.
PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next regular general election held throughout this state.
NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates deletions or comments.