Key Differences in The New Proposed Josephine County Charter

There are a couple of key differences in the newly proposed Josephine County Charter. First, the county would no longer be designated as an “agent of the state,” but rather as a “body politic.” This change would allow the county greater autonomy and freedom/flexibility in how it governs itself. Second, it would require candidates to file by political party, but it does not mandate a partisan-style election, as all voters would still be able to participate in the primaries. A closer look at these key differences is outlined below. There is a downloadable version of the new proposed charter and the current old charter at the very end.

The Major Proposed Changes Are:
1. Changes from “Agency of the State” to “Body Politic” (see below for explanation).
2. Requires Candidates to file by Political Party (see below for explanation).
3. Prohibits Rank Choice Voting (For County Elections).
4. Prohibits Sales Tax.
5. Adds protections over Body Autonomy.
6. Prohibits Commissioners from holding any additional publicly elected office.

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I) Agent of the State versus Body Politic:
In Oregon, the terms “agent of the state” and “body politic” have specific legal and governmental implications, especially when used in county charters. These distinctions affect the autonomy, authority, and legal relationship of a county with respect to the state of Oregon.

Here’s a breakdown of the difference:
“Agent of the State”
When a county charter or governing document describes the county as an “agent of the state”, it emphasizes that:
1. The county operates under the authority of the state government.
2. It is delegated powers from the state legislature.
3. The county’s role is to implement state laws and policies, not to act independently.
4. It is not sovereign in its own right—its power comes directly from the state.
Implication: The county’s ability to enact laws or policies that deviate from state law is limited. The state can override or preempt county actions.

“Body Politic”
When a county is described as a “body politic”, it means:
1. The county is recognized as a separate legal and governmental entity.
2. It has corporate and sovereign-like powers granted through its charter (home rule).
3. It can govern local matters independently, within constitutional and statutory limits.
4. It is a political subdivision with the ability to sue and be sued, hold property, enact ordinances, etc.
Implication: As a home rule county and body politic, the county may have broad self-governing authority over local issues even if that means differing from state law, unless preempted. In other words body politic allows for far more freedom in the way our county can governor.

Example of what being a “body politic” might have allowed:
When marijuana was legalized statewide in Oregon—even though it did not pass in Josephine County—a county operating as a body politic might have had the authority to remain a “dry county” and prohibit marijuana locally.

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II) Understanding Nonpartisan Elections Under Oregon’s Charter Laws:
Let’s first understand what nonpartisan means when it comes to Josephine County and Grants Pass City elections. Simply put, this means that when someone runs for office, they are not allowed to list their political party affiliation (such as Democrat or Republican) next to their name on the ballot. That’s all it means.

However, this system can be misused. It can serve as a way to hide or mislead voters about a candidate’s true political leanings and how they are likely to govern. For this reason, there is a valid argument for not using “nonpartisan” elections in certain elected offices or at least requiring candidates to state their party affiliation on the application, which is what the new proposed charter requires.

Clearing the air on what nonpartisan elections can do and not do:
In Oregon, when a county charter defines a position or election as nonpartisan, it means the following:

Definition of Nonpartisan in a County Charter:
1) Candidates do not list political party affiliations on the ballot.
2) Primaries (if held) are open to all voters regardless of party, and usually the top two candidates move to the general election, regardless of party.

What Nonpartisan Does Not Mean:
Nonpartisan does not ban political activity. A candidate in a nonpartisan race:
1) Can say what party they personally belong to
2) Can accept endorsements from political parties or PACs
3) Can receive funding from parties or partisan donors
4) Can govern based on a political philosophy (e.g., progressive, conservative)
5) Can speak publicly about their partisan views

Why It Matters:
1) The nonpartisan designation affects how the election is conducted, not what the candidate believes or how they campaign.
2) Voters may still rely on endorsements, political networks, and public statements to assess a candidate’s ideology.
3) A new proposed charter for Josephine County is currently circulating for signatures in an effort to place it on the ballot. If approved, it would require candidates to disclose their party affiliation but is not a partisan election meaning everyone can still vote during the primary.

Summary:
1) Yes, in a nonpartisan county charter system in Oregon:
2) Candidates can say what party they belong to
3) Can accept political endorsements
4) Can govern from a party-aligned stance
5) But they won’t have their party listed on the ballot, and their election is not conducted through a party primary.

At the end of the day, no one is truly “nonpartisan.” Everyone has personal beliefs and values that naturally influence how they govern and those beliefs often align with a particular political party. Don’t let anyone shame you for supporting a political party or for being partisan. It simply reflects your values and who you are. In the end, the new proposed charter allows for far greater flexibility and freedom for our community to govern more independently. This post initially started out to describe what “nonpartisan charters” actually mean since there is so much confusion among some people.

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