State ex rel Smith v. Hitt

“Term limits are not qualifications but, rather permissible exercise[s] of state power to regulate the ‘Times, Places and Manner of holding Elections’” U.S. Term Limits, Inc. v. Thornton, 514 US 779, 828, 832-33, 115 S Ct 1842, 131 L Ed 2d 881 (1995). “Where a state constitution provides for certain officials and names the qualifications for such officers, the legislature is without authority to prescribe additional qualifications unless the constitution, either expressly or by implication, gives the legislature such power.” State ex rel. Powers v. Welch, 198 Or 670, 672-73, 259 P2d 112 (1953).

Intervenor appealed the trial court’s grant of a writ of mandamus that allowed a candidate to be included on a county election ballot despite a ballot initiative that had established term limits for the office. Intervenor assigned error to the court’s conclusion that Article VI, Section 8 of the Oregon constitution exclusively established the qualifications for elected officials. On appeal, Intervenor argued that county commissioners are not subject to Article VI, Section 8 and that that term limits are not qualifications for office. In response, Relators argued that Article VI, Section 8 does apply to county commissioners and that term limits are qualifications for office. “Term limits are not qualifications but, rather permissible exercise[s] of state power to regulate the ‘Times, Places and Manner of holding Elections’”   U.S. Term Limits, Inc. v. Thornton, 514 US 779, 828, 832-33, 115 S Ct 1842, 131 L Ed 2d 881 (1995). “Where a state constitution provides for certain officials and names the qualifications for such officers, the legislature is without authority to prescribe additional qualifications unless the constitution, either expressly or by implication, gives the legislature such power.” State ex rel. Powers v. Welch, 198 Or 670, 672-73, 259 P2d 112 (1953). The Court of Appeals held that Article VI, Section 8 applied to county commissioners and that term limits were not qualifications for office. Affirmed.