1
2
3
4 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF YAMHILL 5
6 MEEKER, ANTHONY,
7 Plaintiff, Case No. CV 110197
8 v. FIRST AMENDED COMPLAINT
KITZHABER, JOHN, Governor for the State (Declaratory and Injunctive Relief 9 of Oregon, BROWN, KATE, Secretary of State Requested: Violation of Civil Rights under for the State of Oregon, 42 USC §1983; Article 1 § 2; Equal 10 Protection; Due Process; Violation of ORS Defendants. 188.010) 11 Attorney Fees per 42 USC § 1988 12
13 Plaintiff alleges: 14 PARTIES 15 1. 16 Anthony Meeker (hereinafter “Plaintiff”) is a resident of the State of Oregon and resides 17 in Yamhill County at 20401 Madrona Ln., Amity Oregon 97101. Plaintiff is a qualified elector 18 in the State of Oregon. Plaintiff is qualified to exercise his right to vote in Oregon in his 19 respective federal congressional district elections. 20 2. 21 Defendant John Kitzhaber is the current Governor of the State of Oregon with the duty 22 and responsibility to oversee all administrative agencies and enforce the laws of the State. 23
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1 Defendant Kate Brown is the Secretary of State for the State of Oregon and is responsible for the
2 conduct of all elections and administration of election laws.
3 JURISDICTION AND VENUE
4 3.
5 Plaintiff at all times relevant to this lawsuit has been a resident of Yamhill County.
6 Under the current congressional districting plan Yamhill County is in the First (1st)
7 Congressional District. This cause of action arose in Yamhill County where Plaintiff would vote
8 in coming elections and is represented by his congressman. Plaintiff, as one of the electors from
9 the 1st Congressional District is underrepresented and therefore venue is proper in Plaintiff’s
10 home county where the constitutional violation of his rights is taking place.
11 GENERAL ALLEGATIONS
12 4.
13 The United States Census Bureau released the 2010 national and state population totals
14 from the 2010 census on December 21, 2010. Subsequent to that time the Census Bureau has
15 released population totals for Oregon’s congressional districts. The census data for Oregon’s
16 current congressional districts shows the populations of those districts is as follows:
17 1st Congressional District: 802,770
18 2nd Congressional District: 769,987
19 3rd Congressional District: 762,155
20 4th Congressional District: 739,234
21 5th Congressional District: 757,128
22 The 2010 Census shows that the state has a total population of 3,831,074, which when evenly
23 distributed gives an ideal target congressional district population of 766,215.
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1 5.
2 The state of Oregon is out of compliance with federal law and Oregon’s own laws with
3 respect to congressional apportionment. ORS 188.010 establishes Oregon’s criteria for
4 apportionment of congressional districts as follows:
5 The Legislative Assembly or the Secretary of State, whichever is applicable, shall consider the following criteria when apportioning the state into congressional and legislative districts: (1) Each district, as nearly as practicable, shall: 6 (a) Be contiguous; (b) Be of equal population; 7 (c) Utilize existing geographic or political boundaries; (d) Not divide communities of common interest; and 8 (e) Be connected by transportation links. (2) No district shall be drawn for the purpose of favoring any political party, incumbent legislator or other person. 9 (3) No district shall be drawn for the purpose of diluting the voting strength of any language or ethnic minority group. 10 (4) Two state House of Representative districts shall be wholly included within a single state senatorial district.
11 6.
12 On or about October 19, 2001 the current congressional redistricting apportionment plan
13 was set in to place and now exists under Oregon law as ORS 188.140. If this plan is allowed to
14 be used for any future election, Plaintiff and other residents of Yamhill County will be grossly
15 underrepresented in congress. The current electors in both the 1st and 2nd Congressional districts
16 are underrepresented with Oregon’s existing congressional delegation. Plaintiff and all electors
17 in Yamhill County and the 1st Congressional District are grossly underrepresented. An elector in
18 the 4th Congressional District has more influence in congress with 1.0859 votes for every 1 vote
19 in the 1st Congressional District. The current census data shows that there is a difference
20 between the 1st Congressional District and the 4th Congressional District of 7.91%, which can
21 also be stated that the 1st Congressional District is underrepresented by a deviation of 4.74% over
22 the ideal target of 766,215 and the 4th Congressional District is overrepresented by a deviation of
23 3.52% under the ideal target of 766,215. The other congressional districts in Oregon are likewise
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1 disproportionate and create a violation of the one person one vote requirements of the United
2 States Constitution and a violation of Oregon law.
3 7.
4 Article 1 § 2 of the United States Constitution guarantees that “The House of
5 Representatives shall be composed of Members chosen every second Year by People of the
6 several States”, and Section 2 of the Fourteenth Amendment to the United States Constitution
7 provides that “Representatives shall be apportioned among the several States according to their
8 respective numbers….”
9 8.
10 These population disparities deprive Plaintiff and other voters similarly situated the right
11 under the Federal Constitution to have their votes for congressmen given the same weight as the
12 votes of other Oregonians. Plaintiff is being deprived of his full right to vote and to be
13 represented in congress. Oregon’s congressional districts are not apportioned as nearly as
14 practicable. There is no adequate remedy at law.
15 FIRST CLAIM FOR RELIEF
16 (Violation of Article 1 § 2 of the United States Constitution)
17 9.
18 Plaintiff re-alleges and incorporates by reference paragraphs 1 through 8.
19 10.
20 The State of Oregon’s existing congressional districts are malapportioned in violation of
21 Article 1 § 2 of the United States Constitution.
22 11.
23 Plaintiff’s civil rights are or would be violated by ORS 188.140 by not having their right
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1 to vote for congressmen given the same weight as the votes of other Oregonians. ORS 188.140
2 is unconstitutional and must be replaced.
3 12.
4 Plaintiff is entitled to reasonable attorney fees under 42 USC § 1988.
5 SECOND CLAIM FOR RELIEF
6 (Violation of the Fourteenth Amendment to the United States Constitution; Equal Protection)
7 13.
8 Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12.
9 14.
10 The Fourteenth Amendment to the United States Constitution guarantees equal protection
11 of the laws. Plaintiff and others similarly situated have been denied equal protection of the laws
12 by being underrepresented in congress and would be further harmed by any future election with
13 such malapportionment. Article 1 § 2 and the 14th Amendment have not been applied equally to
14 Plaintiff with regard to the weight of his electoral impact on congressional elections.
15 15.
16 Plaintiff is entitled to reasonable attorneys fees under 42 USC § 1988.
17 THIRD CLAIM FOR RELIEF
18 (Due Process)
19 16.
20 Plaintiff re-alleges and incorporates by reference paragraphs 1 through 15.
21 17.
22 Plaintiff’s right to vote has been diminished and deprived without due process of law.
23 The State of Oregon has deprived Plaintiff of his full right to vote in congressional races by
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1 allowing malapportionment of congressional districts and improperly denying Plaintiff and
2 others similarly situated a fair and full weight in their vote for congress.
3 18.
4 Plaintiff is entitled to reasonable attorneys fees under 42 USC § 1988.
5 WHEREFORE, Plaintiff prays for a judgment in favor of Plaintiff as follows:
6 ON PLAINTIFF’S FIRST THROUGH THIRD CLAIMS FOR RELIEF:
7 1. Declaring ORS 188.040 unconstitutional, and enjoining Defendant’s from conducting
8 any elections pursuant with the current boundaries as set by ORS 188.040, and;
9 2. Ordering the Oregon Legislative Assembly to remain in session until either: a
10 redistricting plan can be agreed to, passed by both houses, and signed by the governor; or
11 legislation is passed and signed by the governor appointing an independent
12 geographically diverse body to do so, or alternatively;
13 3. Appointing a three Judge panel from geographically diverse parts of Oregon to draw up a
14 congressional redistricting plan, or alternatively;
15 4. Ordering the redistricting plan as decided by this court based upon a plan to be presented
16 by Plaintiff to be substituted for ORS 188.040, and;
17 5. For Plaintiff’s reasonable attorney fees, costs and disbursements.
18
19 DATED this 18 day of May, 2011.
20 Tyler Smith & Associates, P.C.
21 By Tyler Smith, OSB# 075287 Attorneys for Plaintiff 22 181 N. Grant St. STE 212 Canby, OR 97013 23 Phone: 503-266-5590; Fax: 503-266-5594
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