shall be officially declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive the highest number of votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another. The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated against any officer until he has actually held his office six months, save and except that it may be filed against a senator or representative in the legislative assembly at any time after five days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected unless such further petitioners shall first pay into the public treasury which has paid such special election expenses the whole amount of its expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by the legislative assembly, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer. But the words "the legislative assembly shall provide" or any similar or equivalent words in this constitution or any amendment thereto shall not be construed to grant to the legislative assembly any exclusive power of lawmaking nor in any way to limit the initiative and referendum powers reserved by the people.

Note The foregoing amendment was proposed by the people by initiative petition and approved by a majority of the votes cast thereon at the general election held June 1, 1908. There were 58,381 votes cast for the amendment, and 31,002 against; and under the provisions of law, by a proclamation of the governor, dated June 23, 1908, the amendment took effect on said date.

§ 1. Legislative Authority-Style of Bill-Initiative and Referendum.

The legislative authority of the state shall be vested in a legislative assembly consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than 8 per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety), either by the petition signed by 5 per cent of the legal voters, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not

extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be: "Be it enacted by the people of the state of Oregon." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for justice of the supreme court at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.

Note The above section is an amendment to the original constitution, and was adopted by the twentieth legislative assembly; adopted by the twenty-first legislative assembly; adopted by the people, by a vote of 62,024 for, to 5,668 against it, June 2, 1902. § 1-a. Initiative and Referendum on Local, Special and Municipal Laws and Parts of Laws.

The referendum may be demanded by the people against one or more items, sections, or parts of any act of the legislative assembly in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of that act from becoming operative. The initiative and referendum powers reserved to the people by this constitution are hereby further reserved to the legal voters of every municipality and district, as to all local, special, and municipal legislation, of every character, in or for their respective municipalities and districts. The manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than 10 per cent of the legal voters may be required to order the referendum nor more than 15 per cent to propose any measure, by initiative, in any city or town.

Note The above section was proposed by initiative petition filed in the office of the secretary of state February 3, 1906, and adopted by vote of the people, 47,678 for, and 16,735 against, June 4, 1906. It went into effect by proclamation of the governor, issued June 25, 1906.

§ 2. Number of Senators and Representatives.

The senate shall consist of sixteen, and the house of representatives of thirty-four members, which number shall not be increased until the year 1860, after which time the legislative assembly may increase the number of senators and representatives; always keeping, as near as may be, the same ratio as to the number of senators and representatives; provided, that the senate shall never exceed thirty, and the house of representatives sixty members.

§3. By Whom Chosen.

The senators and representatives shall be chosen by the electors of the respective counties or districts into which the state may from time to time be divided by law.

§ 4. Term of Office-Senators, How Classified.

The senators shall be elected for the term of four years, and representatives for the term of two years from the day next after their general elections; provided, however, that the senators-elect, at the first session of the legislative assembly under this constitution, shall be divided by lot into two equal classes, as nearly as may be; and the seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of the increase of the number of senators, they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as possible.

§ 5. Census.

The legislative assembly shall, in the year 1865, and every ten years after, cause an enumeration to be made of all the white population of the state.

§ 6. Apportionment.

The number of senators and representatives shall, at the session next following an enumeration of the inhabitants by the United States or this state, be fixed by law, and apportioned among the several counties according to the number of white population in each. And the ratio of senators and representatives shall be determined by dividing the whole number of white population of such county or district, by such respective ratios; and when a fraction shall result from such division, which shall exceed onehalf of said ratio, such county or district shall be entitled to a member for such fraction. And in case any county shall not have the requisite population to entitle such county to a member, then such county shall be attached to some adjoining county for senatorial or representative purposes.

§ 7. Senatorial Districts.

A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating senatorial districts.

§ 8. Qualification of Senators, Etc.

No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States; nor any one who has not been for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Senators and representatives shall be at least twenty-one years of age.

§ 23. What Local and Special Laws Prohibited.

The legislative assembly shall not pass special or local laws in any of the following enumerated cases; that is to say:

13. Providing for opening and conducting of elections of state, county and township officers, and designating the places of voting.

§ 30. Member Not Eligible to Other Office.

No senator or representative shall, during the time for which he may have been elected, be eligible to any office, the election to which is vested in the legislative assembly; nor shall be appointed to any civil office of profit which shall have been created, or the emoluments of which shall have been increased during such term, but this latter provision shall not be construed to apply to any officer elective by the people.

*

ARTICLE V

EXECUTIVE DEPARTMENT

§ 1. Executive Power-Term of Office.

The chief executive power of the state shall be vested in a governor, who shall hold his office for the term of four years; and no person shall be eligible to such office more than eight in any period of twelve years.

§ 2. Qualification of Governor.

No person, except a citizen of the United States, shall be eligible to the office of governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years and who shall not have been three years next preceding his election a resident within this state.

§3. Who Not Eligible.

No member of congress, or person holding any office under the United States, or under this state, or under any other power, shall fill the office of governor, except as may be otherwise provided in this constitution.

§ 4. Election of Governor.

The governor shall be elected by the qualified electors of the state at the times and places of choosing members of the legislative assembly, and the returns of every election for governor shall be sealed up and transmitted to the secretary of state, directed to the speaker of the house of representatives, who shall open and publish them in the presence of both houses of the legislaive assembly.

§ 5. In Case of Tie.

The person having the highest number of votes for governor shall be elected; but in case two or more persons shall have an equal, and the highest number of votes for governor, the two houses of the legislative assembly, at the next regular session thereof, shall forthwith, by joint vote, proceed to elect one of the said persons governor.

§ 6. Contested Elections.

Contested elections for governor shall be determined by the legislative assembly in such manner as may be prescribed by law.

§7. Term of Office.

The official term of the governor shall be four years; and shall commence at such times as may be prescribed by this constitution, or prescribed by law.

ARTICLE VI

ADMINISTRATIVE DEPARTMENT

§ 1. Election of Secretary and Treasurer of State.

There shall be elected by the qualified electors of the state, at the time and places of choosing members of the legislative assembly, a secretary and treasurer of state, who shall severally hold their offices for the term of four years; but no person shall be eligible to either of said offices more than eight in any period of twelve years.

§ 6. County Officers.

There shall be elected in each county by the qualified electors thereof at the time of holding general elections, a county clerk, treasurer, sheriff, coroner and surveyer, who shall severally hold their offices for the term of four years.

The provisions of this section, fixing the term of office for four years, is self-executing and shall become effective on the first Monday of January, 1921, when said county officers, elected at the regular November, 1920, election, shall qualify.

Note The foregoing amendment was submitted to the people by initiative petition, filed in the office of the secrtary of state June 9, 1920, and approved by a majority of votes cast thereon at the general election held November 2, 1920. There were 97,854 votes cast for said amendment and 80,983 against, and under the provisions of law, by a proclamation of the governor dated November 29, 1920, took effect on said date.

§ 7. Other Officers.

Such other county, township, precinct and city officers as may be necessary shall be elected or appointed in such manner as may be prescribed by law.

§ 8. Qualifications of County Officers.

No person shall be elected or appointed to a county office who shail not be an elector of the county; and all county, township, precinct, and city officers shall keep their respective offices at such places therein, and perform such duties as may be prescribed by law.

§ 9. Vacancies-How Filled.

Vacancies in county, township, precinct and city offices shall be filled in such manner as may be prescribed by law.

§ 1-a. Judicial Power of State; in Whom Vested-Term of Supreme Judges -1910 Amendment.

The judicial power of the state shall be vested in one supreme court and in such other courts as may from time to time be created by law. The judges of the supreme and other courts shall be elected by the legal voters of the state or of their respective districts for a term of six years, and shall receive such compensation as may be provided by law, which compensation shall not be diminished during the term for which they are elected.