Kain v. Myers, 333 Or. 75

Summary

The Supreme Court of Oregon reviewed a challenge to the Attorney General's ballot title for Initiative Petition 91 (2002), which concerned public-employee union payments and representation. The court held that the ballot title's use of the terms "nonunion employees" and "nonpayers" was inaccurate and confusing and therefore did not substantially comply with Oregon law. The ballot title was referred to the Attorney General for modification.

Holdings

1. The Attorney General's ballot title substantially complied with ORS 250.035 except for the result statements.
2. The result statements did not substantially comply with ORS 250.035(2)(b) and (c) because the term "nonunion" was inaccurate and confusing in context, and the term "nonpayers" reinforced that confusion.

Questions Presented

1. Whether the Attorney General's ballot title substantially complied with ORS 250.035.
2. Whether the terms "nonunion employees" and "nonpayers" accurately and understandably described the results of approving or rejecting the proposed initiative.

Disposition

remanded