Summary
The Oregon Supreme Court reviewed a certified ballot title for Initiative Petition 51 (2002), which would restrict public-employee unions from influencing elections involving public officials who negotiate or approve compensation. The court rejected the petitioner's challenges to the caption, yes-result statement, and summary, and certified the Attorney General's ballot title.
Topics
Practice areas
Questions Presented
- Whether the petitioner was entitled to seek review of the Attorney General's certified ballot title under ORS 250.085(2).
- Whether the Attorney General's caption, yes-result statement, and summary for Initiative Petition 51 substantially complied with ORS 250.035(2)(a) to (d) (1999).
Holdings
- An elector who timely submitted written comments to the Secretary of State concerning the content of the Attorney General's draft ballot title is entitled to seek review of the certified ballot title under ORS 250.085(2).
- The Attorney General's certified caption, yes-result statement, and summary for Initiative Petition 51 substantially complied with the requirements of ORS 250.035(2)(a) to (d) (1999), and the ballot title was therefore certified.
Key quotations
“Ballot title certified. This decision shall become effective in accordance with ORAP 11.30(10).” (332 Or. 369)
Factual background
The Attorney General certified a ballot title for Initiative Petition 51 (2002), a proposed constitutional amendment concerning public-employee unions and their influence on elections for public officeholders. The measure would prohibit covered public-employee unions and associations from influencing elections involving officeholders who could negotiate, approve, or affect compensation, and would impose specified consequences for violations. Novick timely commented on the draft ballot title and challenged the certified caption, yes-result statement, and summary.
Procedural history
Steven Novick, an elector who had timely submitted written comments on the Attorney General's draft ballot title, petitioned the Oregon Supreme Court for review under ORS 250.085(2). He challenged the caption, the yes-result statement, and the summary. The court rejected all challenges, certified the ballot title, and directed that the decision become effective under ORAP 11.30(10).