Mabon/Pulvers v. Myers

Summary

The Oregon Supreme Court reviewed consolidated challenges to the Attorney General's ballot title for Initiative Petition 107 (2002), which proposed a new constitutional oath for Oregon judges. The court held that the caption, result statements, and part of the summary required modification and referred the ballot title to the Attorney General.

Holdings

1. The caption did not substantially comply with ORS 250.035 because it failed to reasonably identify that the measure would create a new oath replacing or subsuming existing judicial oaths and would commit judges to the framers' intent regarding constitutional law.
2. The yes and no vote-result statements had to be modified to conform to the required changes in the caption.
3. The summary required correction because it incorrectly stated that the proposed oath would require adherence to the intent of the framers of the common law; the court rejected the remaining summary challenges.

Questions Presented

1. Whether the Attorney General's ballot-title caption substantially complied with ORS 250.035 by reasonably identifying the subject matter of the proposed measure.
2. Whether the yes and no vote-result statements adequately described the measure's effect.
3. Whether the summary substantially complied with ORS 250.035(2)(d), including whether it accurately and impartially summarized the measure and its major effect.

Disposition

other