Ballot Measure 40 was an Oregon ballot measure in 1996. The measure brought sweeping reforms to Oregon's justice system, generally in an effort to promote victims' rights. Measure 40 passed with 58.8% of the vote, but was overturned by the Oregon Supreme Court in 1998, on the grounds that it contained more than one amendment to the

Oregon Constitution The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights.

.Armatta v. Kitzhaber
, 327 Or. 250, 959 P.2d 49 (1998) Measure 40 case precedent has since been cited as the basis for overturning several voter-approved initiatives. Among these are

term limits A term limit is a legal restriction that limits the number of terms an officeholder may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method of curbing the potenti ...

for state office-holders in 2002 and Measure 3, the Oregon Property Protection Act of 2000. Kevin Mannix, the state legislator behind Measure 40, shepherded many of its provisions through the Legislature as statutory enactments (in Senate Bill 936 of 1997) while Measure 40 was being considered in the courts, placing many of the constitutional provisions of Measure 40 into statutory law.

Armatta v. Kitzhaber

The 1998 Oregon Supreme Court ruling ''Armatta v. Kitzhaber'' was a landmark decision for constitutional amendments. A similar decision in California, ''Jones'', had recently upheld the "single subject rule," which essentially states that a single constitutional amendment measure cannot affect more than one subject in the Constitution. But the Oregon decision went further, stating that a constitutional amendment cannot affect more than a single clause of the Constitution, even if multiple clauses affect the same subject. The decision has had a significant impact on the way initiative drafters have approached their work in the years since.

Subsequent related measures

Mannix subsequently brought seven more measures (Measures 69-75) to voters in 1999 via legislative referral, each originally part of Measure 40. All seven would have amended the

. Four of the measures were approved by voters. Campaigns for these measures were primarily funded by conservative millionaires Loren Parks and Mark Hemstreet.

References

External links

Chief Petitioner Kevin Mannix
on BallotPedia.org
Voters' Pamphlet November 1996 including entry for Measure 40
from the Oregon Secretary of State
Voters' Pamphlet November 1999 Special Election
includes Measures 69–75 starting on page 12] Legislatively referred ballot measures 1996 Oregon ballot measures Penal system in Oregon {{Oregon-gov-stub

Armatta v. Kitzhaber

Subsequent related measures

See also

References

External links