Republican Party of Oregon v. Phil Keisling, in His Capacity as Secretary of State of the State of Oregon

The Republican Party of Oregon and several individual Oregon voters appeal from the district court’s dismissal of their action for declaratory and injunctive relief. The appellants contend that their first amendment rights were violated by the manner in which Oregon’s 1991 reapportionment plan was combined with the staggered term system for state senate elections. We find no constitutional violation, and affirm the judgment of the district court.

In 1991, appellee Secretary of State reapportioned Oregon’s legislative districts to respond to population changes reflected in the most recent federal census. The reapportionment plan altered certain district boundaries. Pursuant to Oregon Const. Art. IV, § 6(1), appellee assigned incumbent senators to the newly drawn districts. The Oregon legislature has 30 senators, one-half of whom are elected every two years. See Oregon Const. Art. IV, § 4. Appellants represent approximately 101,-000 persons of voting age who were formerly represented by senators whose terms were to expire in January 1993 and are now represented by senators whose terms will not expire until January 1995. But for reapportionment, they would have had an opportunity to…