From today's decision in State ex rel. Kristof v. Fagan:
Relator [Kristof] is a prospective candidate for governor. After he filed his declaration of candidacy with the Secretary of State, the secretary asked relator for additional information to substantiate that he will "have been three years next preceding his election, a resident within this State," as required to serve as governor by Article V, section 2, of the Oregon Constitution.
Relator submitted additional materials in support of his claim that he meets the constitutional eligibility requirement. Upon reviewing those materials, the secretary determined that, although relator had previously been a resident of Oregon, he had been a resident of New York since at least 2000 and he had not reestablished Oregon residency by November 2019. The secretary therefore concluded that relator did not meet the constitutional requirement….
In communicating its decision to relator, the Elections Division correctly emphasized that "it is not the Elections Division's role to determine whether any candidate is sufficiently 'Oregonian'" or "to examine the depth or sincerity of a candidate's emotional connection to Oregon." That is not this court's role either. It is undisputed that relator has deep roots in Oregon and has consistently spent time here over many years.
This case, however, requires us to decide two legal questions: (1) the meaning of "resident within this State," as those words are used in Article V, section 2, of the Oregon Constitution; and (2) whether the secretary was required to conclude that relator met that legal standard.
