Whew! Oregon vote-by-mail is safe, with Supreme Court decision in Arizona case

Kari Chisholm

In a 5-4 decision, the Supreme Court today upheld the right of the people of Arizona to change redustricting to an independent commission rather than the Legislature.

Why does this matter in Oregon?

Because the specific challenge rested on the Constitution's directive that the "Legislature" prescribe the "time, place, and manner" of federal elections. The GOP-led legislature in Arizona argued that a ballot measure doesn't count -- and that put at risk any election regulation adopted by ballot measure, including Oregon's vote-by-mail law.

But the decision affirmed what we already knew -- that when the people act via ballot measure, they are taking for themselves the legislative power that they otherwise delegate to their elected representatives.

By Kari Chisholm June 29, 2015