§ ORS § 250.044When actions challenging constitutionality of state measure must be filed in Marion County Circuit Court

(1) An action that challenges the constitutionality of a measure initiated by
the people or referred to the people for a vote must be commenced in the
Circuit Court for Marion County if:

(a) The action is
filed by a plaintiff asserting a claim for relief that challenges the
constitutionality of a state statute or an amendment to the Oregon Constitution
initiated by the people or referred to the people under section 1 (1) to (4),
Article IV of the Oregon Constitution;

(b) The action is
commenced on or after the date that the Secretary of State certifies that the
challenged measure has been adopted by the electors and within 180 days after
the effective date of the measure; and

(c) The action
may not be commenced in the Oregon Tax Court.

(2) An action
under subsection (1) of this section must be within the jurisdiction of circuit
courts and must present a justiciable controversy. The plaintiff in an action
subject to the requirements of this section must serve a copy of the complaint
on the Attorney General.

(3) If an action
subject to the requirements of this section is filed in a court other than the
Circuit Court for Marion County, the other court, on its own motion or the
motion of any party to the action, shall dismiss the action or transfer the
action to the Circuit Court for Marion County.

(4) This section
does not apply to any civil or criminal proceeding in which the
constitutionality of a state statute or provision of the Oregon Constitution is
challenged in a responsive pleading.

(5) If a judgment
in an action subject to the requirements of this section holds that a
challenged measure is invalid in whole or in part, a party to the action may
appeal the judgment only by filing a notice of appeal directly with the Supreme
Court within the time and in the manner specified in ORS chapter 19 for civil
appeals to the Court of Appeals. Any party filing a notice of appeal under this
subsection must note in the notice of appeal that the case is subject to this
subsection.

(6) If a judgment
in an action subject to the requirements of this section holds that a
challenged measure is valid, a party to the action may appeal the judgment by
filing a notice of appeal in the Court of Appeals within the time and in the
manner specified in ORS chapter 19 for civil appeals. Notwithstanding ORS
19.405 (1), the party may move the Court of Appeals to certify the appeal to
the Supreme Court, and the Court of Appeals acting in its sole discretion may
so certify the appeal. If the Court of Appeals certifies the appeal to the
Supreme Court, the Supreme Court shall accept or deny acceptance of the
certification as provided in ORS 19.405 (2). [1997 c.794 §2]



STATE MEASURES