Summary
The Oregon Supreme Court certified a modified ballot title for Initiative Petition 72 (2002). The court concluded that, because no party objected to the modified ballot title, certification and issuance of the appellate judgment were required under ORS 250.085(9).
Topics
Practice areas
Questions Presented
- Whether the modified ballot title for Initiative Petition 72 (2002) should be certified after the court previously referred the original ballot title for modification and no party objected to the modified title.
Holdings
- The modified ballot title for Initiative Petition 72 (2002) is certified because no party objected within the period provided by ORS 250.085(9).
Key quotations
“The modified ballot title is certified. The appellate judgment shall issue in accordance with ORS 250.085(9).” (333 Or. at 206)
Factual background
The Attorney General originally certified a ballot title for Initiative Petition 72 (2002), a proposed constitutional amendment concerning the single-subject and separate-amendment requirements for initiatives. The Oregon Supreme Court found the original ballot title substantially deficient, referred it for modification, and then reviewed the modified ballot title after no party objected.
Procedural history
The Oregon Supreme Court previously determined that the Attorney General's certified ballot title for Initiative Petition 72 (2002) failed to comply substantially with statutory standards and referred it for modification. The Attorney General filed a modified ballot title, no party objected within the statutory period, and the court certified the modified ballot title.