Linthicum
Linthicum v. Wagner
Opinion
Opinion
I. BACKGROUND
The Oregon Constitution creates a Legislative Assembly consisting of a
Senate and a House of Representatives. Or. Const. art. IV, § 1. The Senate has thirty
members; the House, sixty. Id. art. IV, § 2; see Or. Rev. Stats. § 188.305. The
2 Legislative Assembly is considered part-time because it meets annually, but for a
limited number of days. Subject to certain exceptions, in odd-numbered years the
Legislative Assembly meets for no more than 160 days; in even-numbered years, for
no more than thirty-five days. Or. Const. art. IV, § 10(1). The members of each
house receive a salary for their services “to be established and paid in the same
manner as the salaries of other elected state officers and employees.” Id. art. IV,
§ 29; Or. Rev. Stats. § 171.072(1). The Constitution further provides that “[t]wo
thirds of each house shall constitute a quorum to do business,” although “a smaller
number may meet . . . and compel the attendance of absent members.” Or. Const.
art. IV, § 12. If a house, with a quorum present, fails to organize within the first five
days, “the members of the house so failing shall be entitled to no compensation . . .
until an…