CASE SUMMARY

On October 11, 2021, a former Oregon Secretary of State and several Oregon voters filed a petition in the Oregon Circuit Court for Marion County challenging the Legislative Assembly’s congressional redistricting plan as a pro-Democrat, anti-Republican partisan gerrymander in violation of the Oregon Constitution and state law. They argued the plan’s partisan skew violated the Oregon Constitution’s Free and Equal Elections Clause, Privileges and Immunities Clause, and Freedom of Speech, Assembly, and Participation protections under article I, §§ 8 and 26, as well as the ban on partisan favoritism and redistricting criteria in Oregon Revised Statutes § 188.010. They sought a judicial declaration the plan was unconstitutional and unlawful, an injunction barring the plan from use in future elections, and for the court to require the adoption of a lawful remedial plan.

  • On October 14, 2021, the Marion County Circuit Court appointed a special master to review facts and evidence in the case and produce a report outlining their findings, which was filed on November 5, 2021.
  • On November 24, 2021, the court upheld the plan and dismissed the plaintiffs’ claims, finding the plaintiffs’ failed to sufficiently support their constitutional claim that the plan had an impermissible partisan effect and rejecting their statutory claim on the grounds the enacted plan was “within the range of plans” that the Oregon Legislative Assembly and courts had adopted in the past and there were no “unreasonable” line-drawing decisions made by the Legislative Assembly here.

CASE LIBRARY

Oregon Circuit Court, Marion County - No. 21CV40180