Oregon Ballot Measures 46 and 47 (2006)

Measure 46
Amends Constitution: Allows laws regulating election contributions, expenditures adopted by initiative or 3/4 of both legislative Houses.
Results Votes % Yes 520,342 7001403200000000000♠40.32% No 770,251 7001596800000000000♠59.68% Valid votes 1,290,593 7001922100000099999♠92.21% Invalid or blank votes 109,057 7000779000000000000♠7.79% Total votes 1,399,650 100.00% Registered voters/turnout 65.29%
Results by county   Yes     No
Source: Oregon Secretary of State

Measure 47
Revises campaign finance laws: Limits or prohibits contributions and expenditures; adds disclosure, new reporting requirements.
Results Votes % Yes 694,918 7001530400000000000♠53.04% No 615,256 7001469600000000000♠46.96% Valid votes 1,310,174 7001936100000000000♠93.61% Invalid or blank votes 89,476 7000639000000000000♠6.39% Total votes 1,399,650 100.00% Registered voters/turnout 66.28%
Results by county   Yes     No
Source: Oregon Secretary of State

Oregon ballot measures 46 and 47 were two ballot measures presented as a single package to voters; 46 would have amended the Constitution to allow limitations on campaign financing (heavily favoring popular vote, and requiring a 75% vote for such changes in the Legislature); and 47 detailed specific limitations. While Measure 47 passed, 46 did not, and the Secretary of State and Attorney General now refuse to enforce Measure 47 despite not having made constitutional challenges in court during cases filed against them to compel enforcement.

Oregon Ballot Measure 46 would have amended the Oregon Constitution to allow laws to be passed or amended that would prohibit or limit contributions and expenditures of any kind to influence the outcome of any election. Under the measure, laws could be passed that prohibit or limit how much an individual or entity can give to a candidate for state or local (but not federal) office or other political campaign and how much an individual, entity, candidate or other political campaign can spend to influence the outcome of any state or local election.

At present the free speech guarantee in the state Constitution, , , does not allow laws that prohibit or impose involuntary limits on political campaign contributions or expenditures in elections for state or local public office. Under this measure, the Oregon legislature or voters by initiative would have had the authority to restrict or limit political campaign contributions and expenditures, subject to federal law.

If it had passed, the measure would have required a three-fourths (3/4) vote of both the Oregon Senate and the Oregon House of Representatives to amend previously enacted laws, or pass new laws, prohibiting or limiting political campaign contributions or expenditures. Ordinarily, a simple majority vote of both the Oregon Senate and Oregon House is required to amend existing laws or pass new laws. Under the measure, voters by a simple majority could have adopted new laws or amend existing laws prohibiting or limiting political campaign contributions or expenditures.

The measure would not have applied to elections for federal offices, which are President of the United States, United States Senator, and United States Representative. Federal law does not currently allow states to prohibit or limit contributions or expenditures for or against ballot measures. The measure would not affect the free speech guarantee under the First Amendment of the United States Constitution.

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