Measure 54
Published 5:00 pm Tuesday, October 7, 2008
What is it?
Ballot Measure 54 would amend the Oregon Constitution, standardizing voting eligibility for school board elections with other state and local elections. The state constitution, for example, requires voters in a school election must be 21 years old, but any voter 18 or older can legally vote based on federal law.
Where did it come from?
It was referred to the ballot by the Oregon Legislature, but the discrepancy in the law was discovered by a government class at Grant High School. The students brought it to the legislature’s attention. Kudos to them.
What it would do
Approval of the measure would repeal a voting inconsistency contained in a section of the Oregon Constitution. It requires that, for citizens to vote in school elections they must meet certain qualifications – a voter must be 21 years old, have lived in the school district for at least six months before the election and have registered for the election. Also, a citizen meeting those qualifications would be allowed to vote if he or she could also read and write English. Those requirements are unconstitutional and violate federal law. The 26th amendment to the U.S. Constitution prevents denial of the voting rights of a citizen 18 years old or older. Also, federal court decisions have held that residency requirements are unenforceable and the federal Voting Rights Act of 1965 prohibits literacy tests before someone is allowed to vote.
Reality check
While no one in Oregon has ever challenged the state law based on age, residency or literacy, the potential exists. For example, a school election could be challenged. It would have the potential to cost a school time and money to defend federal law.
Check the fine print
Other state and local elections do not have the old (1948) restrictions on age, residency and literacy.
Recommendation
Yes. Of all the ballot measures – some of which are extremely complicated – this is one of the easiest for all voters to support.