State ex rel. Kotek v. Fagan

"A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust or station[.]” ORS 34.110.

The federal government was unable to meet its statutory deadline to produce federal decennial census data due to the Covid-19 pandemic. Therefore, the Oregon Legislative Assembly and the Secretary of State, will be unable to meet the deadlines set by Article IV, section 6, of the Oregon Constitution. The Court was asked to issue a writ of mandamus ordering the Secretary of State to comply with new deadlines drafted by the Court. The Secretary of State claimed that the Court did not have the authority to compel her to act. The Court concluded that Or. Rev. Stat. § 34.110 authorizes it to "issue a writ to compel the performance of an act that the law requires the Legislative Assembly or the Secretary to perform, given their respective duties regarding reapportionment. "A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust or station[.]” ORS 34.110. Thus, the Legislative Assembly and the Secretary are authorized to wait to perform their duties until after the federal census data is received. Accordingly, the petition for a writ of mandamus is allowed. Peremptory writ issued.