How is a Oregon's voter turnout law legal?

Question

We have a law in Oregon that if a funds increase bill is put to a vote and a majority of the people voting on the bill don't turn out, then the bill is not passed. How is this legal? It is automatically casting a "no" vote for people that are too lazy or uninterested in taking the time to vote for themselves. I don't understand how something like this is legal or why no one has challenged it.

Answer 1

Election law, at least for state issues, is entirely up to the states. Unless the Oregon constitution prohibits such a law, it is constitutional. There is no such thing as an illegal law. If it passes the legislature, it is legal by definition. I haven't read the law, but is must say if the majority of people eligible to vote don't turn out, the bill fails. Anyone that does not turn out to vote is not voting on anything.

Answer 2

If that's the law on the books, it can only be challenged if it violates some other law (i.e., state or federal constitution) that takes precedence. The concept of requiring a standard greater than a simple majority of available voters is hardly a new one. Some votes require a quorum, some votes require a 2/3 majority in Congress to pass, etc.

If you and other like-minded citizens wish to change the law, then either begin a petition to get its repeal on the ballot or vote for legislators that would likely replace it. There is nothing about the law, in itself, that is either illegal or subject to legal challenge.

Answer 3

I agree.

Laws should be made by the people who are interested enough in the process to get off their butts and vote.

As to wether the law is legal or not - I guess enough people voted for THAT law to get it passed.

Kind of ironic, don't you think?

Answer 4

political tactics by the government, you must compare it to the state Constitution and see if it hold water.