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Oregon Ballot Measure 115

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Ballot Measure 115

Impeachment of Elected State Executives Amendment

Oregon Ballot Measure 115, the Impeachment of Elected State Executives Amendment, is a proposed amendment to the Constitution of Oregon that will be decided by voters as part of the 2024 Oregon elections on November 5, 2024.[1][2] If enacted, it will amend the state Constitution to grant the Oregon State Legislature the power to impeach and remove statewide elected officials in the Executive branch of the Oregon state government: the Oregon Governor, Oregon Secretary of State, Oregon Attorney General, Oregon State Treasurer, and Oregon Commissioner of Labor and Industries.[3][4]

Background

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On May 1, 2023, then Oregon secretary of state Shemia Fagan announced that she would resign following reporting from Willamette Week that she had been working as a private consultant for the owners of La Mota, a cannabis dispensary chain operating in Oregon, while the Audits Division, which reported to Fagan, worked on an audit of the Oregon Liquor and Cannabis Commission.[5] Fagan's resignation followed calls from Republican leaders in both chambers of the Oregon State Legislature for her to resign and occurred after Governor Tina Kotek launched an ethics investigation into Fagan's actions.[6][7]

Currently, Oregon is the only state without an impeachment doctrine enshrined in its state Constitution.[8] The only mechanism Oregon has for removing elected officials from office is recall, a process that has never in Oregon's history been successful at removing a governor or other statewide elected official.[9]

Proponents of the measure argue that it is needed to expedite the removal of a statewide official for malfeasance and to give state legislators a mechanism for doing so that is utilized by legislators in all other states. Oregon Rep. Jami Cate, a Lebanon Republican, cited the past ethics violations of previous elected officials, including Fagan, as evidence that this is a tool needed by the state legislature.[10] Opponents argue that the current recall system is preferable and that voters should retain the right to remove officials that they themselves elected.[11]

Provisions

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Under the amendment, grounds for impeachment would be "malfeasance or corrupt conduct in office, willful neglect of statutory or constitutional duty or other felony or high crime." The measure would require a 2/3 majority vote of the House of Representatives to impeach a statewide elected official. If successfully impeached, the chief justice of the Oregon Supreme Court would preside over a trial in the Oregon State Senate. After the conclusion of the trial, a vote of the state senators would be held on conviction of the official and would require a 2/3 majority vote to convict.[10]

See also

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References

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  1. ^ Bourgeois, Michaela (August 2, 2024). "Oregon voters to decide on 5 ballot measures in 2024 November election". KOIN. Retrieved October 15, 2024.
  2. ^ Fuentes, Carlos (October 13, 2024). "Election 2024: Your guide to Oregon's November election". The Oregonian. Retrieved October 15, 2024.
  3. ^ "Voters' Pamphlet General Election 2024 for Clackamas County" (PDF). Oregon Secretary of State. Retrieved October 15, 2024.
  4. ^ Land, Joni Auden (October 1, 2024). "Measure 115 would give Oregon the power to impeach state officials". Oregon Public Broadcasting. Retrieved October 15, 2024.
  5. ^ Peel, Sophie (April 27, 2023). "Secretary of State Shemia Fagan Is Working as Private Consultant to Troubled Cannabis Couple". Willamette Week. Retrieved October 15, 2024.
  6. ^ Peel, Sophie (April 28, 2023). "Top Republican Leaders Say Fagan Must Resign Over Moonlighting Gig for Cannabis Company". Willamette Week. Retrieved October 15, 2024.
  7. ^ VanderHart, Dirk (April 28, 2023). "Kotek demands ethics investigation following Shemia Fagan revelations; Fagan says she welcomes the inquiries". Oregon Public Broadcasting. Retrieved October 15, 2024.
  8. ^ Lugo, Dianne (September 15, 2024). "Oregon election guide: These 5 ballot measures will be decided in November". Statesman Journal. Retrieved October 15, 2024.
  9. ^ Green, Aimee (September 24, 2024). "Oregon is the only state where lawmakers can't impeach statewide office holders. Will voters change that with Measure 115?". The Oregonian. Retrieved October 15, 2024.
  10. ^ a b Lugo, Dianne (October 6, 2024). "What is Ballot Measure 115? Voters to decide new Oregon impeachment law". Statesman Journal. Retrieved October 15, 2024.
  11. ^ "Measure 115:Impeachment of Elected State Executives". Oregon Capital Chronicle. Retrieved October 15, 2024.