Measure 40

Proposed by initiative petition to be voted on at the General Election, November 7, 2006

Ballot Title


RESULT OF "YES" VOTE: "Yes" vote requires Oregon Supreme Court, Court of Appeals judges to be elected by, and reside in, legislatively established districts, which are based on population.

RESULT OF "NO" VOTE: "No" vote retains the current system for electing Oregon Supreme Court judges and Court of Appeals judges by statewide vote with no district residency requirement.

SUMMARY: Amends constitution. Currently, Oregon Supreme Court, Court of Appeals judges are elected by statewide vote; judges must live within state but have no other residency requirements. Measure divides state into seven population-based districts for electing Supreme Court judges; electors from each district elect one Supreme Court judge. Measure divides state into five population-based districts for electing other appellate court judges (except Tax Court); electors from each district elect two appellate court judges. Requires Supreme Court, Court of Appeals judges to reside within their districts; legislature to establish judicial districts and reapportion them when reapportioning legislative districts. Revises requirements for appointments to judicial vacancies and recall of judges; candidate is not considered incumbent when first running in newly created or reapportioned district. Other provisions.

ESTIMATE OF FINANCIAL IMPACT: The financial effect of the measure on state government expenditures cannot be determined. The cost to implement the measure could range from none to $1.5 million per two-year budget period.

The measure will have no financial effect on state government revenue.

The measure will have no direct financial effect on local government expenditures or revenue.

See Voters' Pamphlet for Explanation of this Financial Impact.

Explanation of Estimate of Financial Impact

Measure 40 would require judges of the Supreme Court and Court of Appeals to be elected from separate geographic districts. The judges would also be required to remain as residents in their districts during the term of office. At present, these courts have central functions in Salem, and the judges live within commuting distance of Salem.

Although the districts would be drawn by the Legislature, it is reasonable to assume that several judges would not be able to travel daily to work in Salem from a district residence.

If the measure requires judges to remain physically present in their districts, court functions would have to change. The State Court Administrator has advised that there are several ways that the courts could change how they do business so that the judges can do their jobs and remain residents of their districts. Those costs will depend upon the location of districts and the residences of the judges in those districts. It is likely that these costs will be between $600,000 and $1,500,000 for each two year budget period beginning in 2007-2009.

Committee Members:
Secretary of State Bill Bradbury
State Treasurer Randall Edwards
Lindsay Ball, Director, Dept. of Administrative Services
Elizabeth Harchenko, Director, Dept. of Revenue
Debra Guzman, Local Government Representative

(The estimate of financial impact and explanation was provided by the above committee pursuant to ORS 250.127.)


Elections Division, Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722