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McCALL v. LEGISLATIVE ASSEMBLY

Nos. 28016, 28042, 28045, 28061, 28064, 27946, 28054.

634 P.2d 223 (1981)

291 Or. 663

Tom McCall, Margaret Strachan, Charles Davis, Thomas P. Deering, Nora Lehnhoff, Jessica Richman, Mary Holman, Faith Ruffing, Richard F. Logan, Katherina M. Woodward, Joy Stricker, Geraldine Ethen, and Malinda Kuczek, Petitioners, v. LEGISLATIVE ASSEMBLY, Respondent. Francis J. Ivancie, Mayor, City of Portland, Mildred A. Schwab, Mike Lindberg, Margaret D. Strachan, and Charles R. Jordan, Commissioners of the City of Portland, and the City of Portland, a Municipal Corporation in the State of Oregon, Richard E. Kuczek, Northwest District Association, Michael A. Stoops, Burnside Community Council, Inc., Alice D. Auginbaugh, N.W. Portland Gray Panther Network, Faith E. Ruffing, Goose Hollow Foothills League, Petitioners, v. NORMA PAULUS, Secretary of State for the State of Oregon, Respondent. League of Women Voters of Portland, an Oregon Corporation, and Kristine M. Hudson, Petitioners, v. LEGISLATIVE ASSEMBLY, Respondent. Norman R. Schultz, Jr., Petitioner, v. LEGISLATIVE ASSEMBLY, Respondent. Richard M. Botteri, Petitioner, v. NORMA PAULUS, Secretary of State for the State of Oregon, Respondent. Bob Goldstein, Petitioner, v. Legislative Assembly, Respondent. David F. Cargo, Katherine S. Durtschi, Danny H. Gerlt, Richard E. Chandler, James Aaron McComb III, Mary E. Peck, Marion C. Gallagher, Jane S. Poole, Mary V. Schecter, Beryl B. Stephens, Mary C. Opray, William R. Post, Nickolaus C. Snyder, Jr., Robert L. Davis, James R. Hale, Wesley B. Proutry, Robert G. Kintigh, Petitioners, v. LEGISLATIVE ASSEMBLY, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 23, 1981.

Attorney(s) appearing for the Case

Rex Armstrong, Portland, argued the cause and filed a brief for Tom McCall, et al., petitioners on review.

Christoper P. Thomas, City Atty., City of Portland, and Penny L. Davis, Portland, argued the cause and filed a brief for Francis J. Ivancie, et al., petitioners on review.

Doug Gordon, Portland, argued the cause and filed a brief for The League of Women Voters, petitioners on review.

Paul J. Speck, Bend, argued the cause and filed a brief for Norman R. Schultz, Jr., petitioner on review.

Richard M. Botteri, Portland, petitioner on review, argued the cause and filed a brief on his own behalf.

Bob Goldstein, Portland, appeared on his own behalf.

David F. Cargo, Portland, filed a brief on behalf of his petitioners on review.

David B. Frohnmayer, Atty. Gen., argued the cause for respondents. With him on the brief were Stanton F. Long, Deputy Atty. Gen., William F. Gary, Sol. Gen., and Timothy Wood, Asst. Atty. Gen.

LINDE, Justice.

In 1952, the people of Oregon initiated and adopted a constitutional amendment to assure themselves of a constitutional apportionment of the Legislature Assembly after each federal census. The amendment provided for review by this court of challenges to a reapportionment measure enacted by the Legislative Assembly, for preparation of a reapportionment by the Secretary of State if the assembly enacts no reapportionment measure or enacts a faulty one...

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