Case Summary

On March 10, 2021, an Oregon state Representative and state Senator filed a petition with the Oregon Supreme Court on behalf of the Oregon Legislative Assembly seeking relief from the state’s constitutional redistricting deadlines in light of the September 30, 2021, delayed release date of 2020 Census redistricting data. Petitioners alleged the Legislative Assembly would now be unable to enact new legislative redistricting plans by the Oregon Constitution’s July 1, 2021, deadline, meaning legislative redistricting authority would automatically transfer to Oregon’s Secretary of State. To avoid this, petitioners asked the Court for a preemptory writ of mandamus enjoining the Secretary of State from conducting legislative redistricting until 3 months after the release of 2020 Census data and allowing the Legislative Assembly to conduct legislative redistricting in an emergency legislative session. Alternatively, they asked the court for a writ directing the Secretary of State to delay legislative redistricting until 3 months after Census data was released, extending the legislative redistricting deadline until 3 months after Census data was released, and permitting it to occur in an emergency legislative session.

  • On March 17, 2021, Oregon’s Secretary of State filed a memorandum opposing the petitioners’ requested writs.
  • On April 9, 2021, the Oregon Supreme Court granted the petitioners’ request, finding that the delayed release of 2020 Census data would make complying with the constitution’s redistricting deadlines impossible and the court could modify these without significant impacts on officials’ duties or the electoral process. The Court’s opinion laid out two sets of revised deadlines: one for plans enacted by the Legislative Assembly, and one for plans adopted by the Secretary of State.
    • Legislative Assembly had to enact its plan by September 27, 2021, and the Court had to approve or reject that plan by November 22, 2021. If corrections were needed, the Secretary of State had to complete them by January 17, 2022.
    • If the Legislative Assembly missed its deadline, the Secretary of State had to complete its plan by October 18, 2021, and the Court had to approve it by December 12, 2021. If corrections were needed, the Secretary had to complete them by January 24, 2022.

Case Library

Oregon Supreme Court - No. S068364