Filed: October 18, 2001

IN THE SUPREME COURT OF THE STATE OF OREGON

TOM HARTUNG et al.,

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioner,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioner,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

Petitioners,

v.

BILL BRADBURY,
Secretary of State,

Respondent.

(SC S48792, S48827, S48829, S48833, S48859, S48862,
S48867, S48868, S48869, S48870, S48871, S48874, S48875)
(Consolidated for Argument and Opinion)

En Banc

On petition to review the reapportionment plan submitted by the Secretary of State pursuant to Article IV, section 6(3), of the Oregon Constitution.

Argued and submitted October 3, 2001.

Paul R. J. Connolly, Salem, argued the cause for petitioners Tom Hartung et al. (S48792). With him on the brief was Donna G. Goldian.

Walter R. Gowell, of Haugebert, Rueter, Gowell, Fredricks and Higgins PC, McMinnville, argued the cause for petitioners Joe Fabiano and Charles Stern (S48827). With him on the brief was Rick Sanai, Assistant County Counsel, McMinnville.

Kelly W.G. Clark, of O'Donnell and Clark LLP, Portland, filed the brief for petitioners Cletus Moore et al. (S48829).

Henry Kane, Beaverton, and Clyde V. Brummell, Portland, filed the briefs pro se for petitioners Kane and Brummell (S48833).

Michael E. Kohlhoff, City Attorney, Wilsonville, argued the cause and filed the brief for petitioners Charlotte D. Lehan et al. (S48859).

Bryan Russell Platt, Eagle Point, Valerie Platt, Eagle Point, Nita Williamson, White City, Colleen L. Roberts, Prospect, George Williamson, White City, Sharon Allsop, Shady Cove, and Robert E. Lyon, Butte Falls, filed the petition pro se for petitioners Bryan Platt et al. (S48862).

Larry L. Kerr, Medford, argued the cause and filed the brief for petitioners Robert T. Anderson and Elise Smurzynski (S48867).

Joseph E. Kellerman, of Hornecker, Cowling, Hassen and Heysell LLP, Medford, argued the cause and filed the brief for petitioner Jim Goan (S48868).

Paul R. J. Connolly, Salem, argued the cause for petitioners Danele Welsh et al. (S48869). With him on the briefs was Donna G. Goldian .

Edward H. Trompke, of Jordan Schrader PC, Lake Oswego, argued the cause for petitioners Edmund G. Gray and Robert Hagbom (S48870). With him on the briefs was E. Andrew Jordan.

James C. Egan, of Kryger, Alexander, Egan and Elmer PC, Albany, argued the cause and filed the brief for petitioners Jeff Kropf et al. (S48871).

Donna McDonnell, Sunriver, filed the petition pro se (S48874).

Eugene L. Grant, of Schwabe, Williamson and Wyatt PC, Portland, argued the cause in propria persona for petitioners Eugene Grant et al. (S48875). With him on the brief was Karen O'Kasey.

Michael D. Reynolds, Solicitor General, and Erika L. Hadlock, Assistant Attorney General, Salem, argued the cause for respondent. Robert M. Atkinson, Erika L. Hadlock and Daniel J. Casey filed the brief and combined supplemental excerpt of record and appendix. With them on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Jeff M. Wilson, Crook County Counsel, filed the brief for amicus curiae Crook County (S48827).

James M. Coleman, County Counsel, Oregon City, filed the brief for amicus curiae Clackamas County (S48859; S48875).

Michael Jewett, Jackson County Counsel, Medford, filed the brief for amicus curiae Jackson County (S48868).

David J. Hunnicutt, Tigard, filed the briefs for amicus curiae Oregonians in Action (S48829; S48870).

The Port of Brookings Harbor, Port of Gold Beach, and City of Brookings joined petitioners Gray and Hagbom's brief as amici curiae (S48870).

Steven R. Lounsbury, Office of Legal Counsel, Coquille, and M. Gerard Herbage, Curry County Counsel, Gold Beach, filed the brief for amici curiae Coos County and Curry County (S48870).

RIGGS, J.

The petitions are consolidated for the purpose of this opinion. The Fabiano petition is granted, and all other petitions are dismissed. The reapportionment is voided and is returned to the Secretary of State with directions that the Secretary of State consider the plan of reapportionment further in light of this opinion, and redraw legislative district lines as may be necessary to comply with Article IV, section 6(1), and all law applicable thereto. The Secretary of State shall correct the reapportionment in the particulars discussed herein and shall file the corrected reapportionment with the court on or before December 1, 2001. The appellate judgment shall issue forthwith.

RIGGS, J.

Petitioners have filed original proceedings under Article IV, section 6(3), of the Oregon Constitution, challenging the validity of the plan of reapportionment of legislative districts prepared by the Secretary of State. All the petitions are consolidated for the purpose of this opinion. We grant the petition of Fabiano Petitioners, void the plan of reapportionment, and return the plan to the Secretary of State with directions. We dismiss all the other petitions. Or Const, Art IV,