Notice of Temporary Administrative Orders
OAR 165-008-0000, 165-008-0010, 165-008-0020, 165-008-0030,
165-008-0040,165-008-0050, and 165-008-0060
Relating To Redistricting if Secretary of State is Required to Draft Redistricting Plan
The Secretary of State hereby provides notice of seven temporary administrative orders for OAR 165-008-0000, OAR 165-008-0010, OAR 165-008-0020, OAR 165-008-0300, OAR 165-008-0040, OAR 165-008-0050, and OAR 165-008-0060. These temporary rules will be in effect from September 27, 2021 through February 9, 2022.
RULE TEXT: The text of the rules may be found directly at this link.
NEED FOR THE RULES: These temporary rules are needed to respond to the ruling of the Oregon Supreme Court in Kotek v. Fagan, 367 Or. 803 (2021). In Kotek, the Oregon Supreme Court ordered the Oregon Legislature and the Secretary of State to follow a prescribed schedule for redistricting, in light of the delay of U.S. Census redistricting data. That schedule differs from the schedule prescribed in the Oregon Constitution and existing statutes and rules. The Secretary of State’s existing rules differ from the court’s ruling and must be changed. In addition, these rules provide additional details surrounding the conduct of the related public hearings.
JUSTIFICATION OF TEMPORARY FILING: The Secretary of State finds that the failure to act promptly will result in serious prejudice to the public interest. The circumstances surrounding the delay in U.S. Census redistricting data are unprecedented and unlikely to recur. Similarly, the Oregon Supreme Court ruling and its prescribed schedule is limited to the present circumstances. The Secretary of State is temporarily amending rules to account for the delay and to comply with the court’s order in this particular redistricting cycle.
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:
Kotek v. Fagan, 367 Or. 803 (2021), available at the State of Oregon Law Library or from the agency; Oregon Revised Statutes, available online at www.oregonlegislature.gov or from the agency; and Oregon Administrative Rules, available online at sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx or from the agency.
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