Rule 11.35 - REAPPORTIONMENT REVIEW: STATE SENATORS AND REPRESENTATIVESThe practice and procedure for Supreme Court review of a reapportionment of Senators and Representatives serving in the Oregon Legislative Assembly shall be as follows:
(1) Any qualified elector of the state seeking review of a reapportionment enacted by the Legislative Assembly shall file a petition with the Administrator no later than August 1 of the year in which the Legislative Assembly enacts the reapportionment.(2) The petition shall contain: (a) A title page containing a caption identifying the person seeking review of the reapportionment as the petitioner and the Legislative Assembly as the respondent;(b) A statement showing that the petitioner is a qualified elector of the state;(c) A prayer for specific relief; and(d) The signature of the petitioner or the petitioner's attorney.(3) The petition shall include one or more attachments setting out such part of the reapportionment as is necessary for a determination of both the question presented as well as the relief sought, including any proposed alternative reapportionment.(4) The petition shall include proof of service on the Secretary of the Senate, the Chief Clerk of the House of Representatives, the Secretary of State, and the Attorney General.The petition shall be accompanied by the filing fee prescribed in ORS 21.010(5).(5) The petitioner shall file an opening brief in support on the same date that the petitioner files the petition. The brief shall include proof of service on the Secretary of the Senate, the Chief Clerk of the House of Representatives, the Secretary of State, and the Attorney General.(6)(a) The Legislative Assembly, the Secretary of State, or any other person who desires to oppose a petition shall, no later than 10 business days after the date the petitioner's opening brief is due, file an answering brief and, if not exempt from payment of filing fees, pay the respondent's first appearance fee prescribed in ORS 21.010(5). Any party who files an answering brief shall be identified as a "respondent." (b) The respondent shall serve the answering brief on the petitioner and also on the individuals described in subsections (4) and (5). If the answering brief responds to a petition filed by more than one petitioner, service of the brief is required on only one of the following: (i) The attorney for the petitioner whose name is first identified in the caption as a petitioner, or that petitioner if not represented; or(ii) If one attorney represents all petitioners, that attorney.(7) Reply briefs are discouraged, but, if a petitioner chooses to file a reply brief, the brief shall be filed no later than five business days after the respondent's answering brief is due. The petitioner shall serve any reply brief on the respondent and also on any individual described in subsection (4) and (5) who is not a respondent.(8)Amicus curiae appearances are discouraged, but, if a person applies for leave to file an amicus curiae brief, the person shall file the application, accompanied by the brief tendered for filing, no later than the date that the respondent's answering brief is due. The following provisions of ORAP 8.15 apply to amicus curiae filings under this rule: ORAP 8.15(1), (2), (3), (5)(a)(iii), (6), (7), and (8), except that the provisions of ORAP 8.15(8) regarding time to appear and prescribing due dates do not apply.(9) Any brief in support of or in opposition to a petition, insofar as practicable, shall be filed in the same form as a brief on appeal in a civil action under these rules.(10) The following requirements apply to any petition, brief, or other document required or permitted to be filed under this rule:(a) All documents shall contain the litigant contact information required by ORAP 1.30, including, whether the filing party is represented or not, an email address at which the party can be served filings by others pursuant to ORCP 9 G and can receive notices and other communications from the court.(b) All documents shall be filed by 5:00 p.m. Pacific Time (PT) on the deadline day, using one of the following filing methods and no other method: (i) An attorney required to eFile a document pursuant to ORAP 16.60 shall submit it for eFiling by 5:00 p.m. PT on the deadline day, notwithstanding ORAP 16.25(1);(ii) A party not required to eFile a document under ORAP 16.60, including a self-represented party, may physically deliver it by 5:00 p.m. PT to the Appellate Court Administrator, Appellate Court Records Section, 1163 State Street, Salem, Oregon 97301-2563; or (iii) A self-represented party may email a document by 5:00 p.m. PT to appealsclerk@ojd.state.or.us, with the following subject line: "Case Filing under ORAP 11.35(10)(b)," notwithstanding ORAP 1.35(1)(a) and ORAP 1.32 ( 1)(b) and (c). Any document that is filed by email shall comply, to the extent practicable, with the format requirements set out in ORAP 16.15. A party who files a document by email under this subsection shall comply with any subsequent instruction regarding payment of an applicable filing fee and shall respond to and comply with any other inquiry or direction sent from the Administrator or the Administrator's designee. (c) Any document rejected based on a filing deficiency shall be corrected and refiled by 7:00 p.m. PT on the deadline day.(d) Any document that is filed shall be served on the other parties, and on any other person required in this rule, on the same day the document is filed and, if filed on the deadline day, by 5:00 p.m. PT. The serving party shall use one of the following service methods and no other method:(i) If applicable, electronic service pursuant to ORAP 16.45;(ii) Email service pursuant to ORCP 9 G; or(e) Any document that is filed shall include proof of service, describing the person or persons served, the date of service, and the method of service as required by subsection (10)(d).(11) The court may invite oral argument from any petitioner or respondent.(12) A petition for reconsideration may be filed for only the purpose of correcting a misstatement or inaccuracy. Any such petition is due within one judicial day after issuance of a decision. The Administrator shall not accept for filing, and the court will not consider, any petition tendered for filing after a reapportionment has become operative under Article IV, section 6, of the Oregon Constitution.(13) The court's review of a reapportionment made by the Secretary of State under Article IV, section 6, subsection (3), of the Oregon Constitution shall be the same as for a reapportionment enacted by the Legislative Assembly, and all other provisions of this rule accordingly apply, except that: (a) The caption of the petition shall identify the Secretary of State as the respondent; and(b) The petition and opening brief shall be filed no later than September 15 of the year of reapportionment.Amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021; amended November 7, 2022, effective 11/7/2022; amended on a temporary basis July 27, 2021, effective 8/1/2021 until December 31, 2022; amended November 21, 2022, effective 1/1/2023.