Nesbitt v. Myers

Summary

The Oregon Supreme Court reviewed a challenge to the Attorney General’s certified ballot title for Initiative Petition 117 (2004), which would have required recurring elections concerning public-sector union representation. The court held that the ballot-title summary was materially misleading because it described a 24-month election bar as applying only after decertification elections, when the measure’s text also covered failed initial unionization elections, and referred the ballot title to the Attorney General for modification.

Holdings

1. The summary was not required to include a statement explaining that a majority of workers initially must vote to attain union representation because the proposed measure did not alter existing Oregon law concerning the initiation of union representation.
2. The certified ballot-title summary did not substantially comply with ORS 250.035(2)(d) because its statement that no election could occur within 24 months of an election discontinuing union representation failed to disclose that the two-year bar also followed an unsuccessful initial unionization election.
3. The ballot-title summary's statement regarding the role of the State Labor Commissioner was also inaccurate and had to be modified.

Questions Presented

1. Whether the ballot-title summary had to explain that a majority vote was initially required to attain union representation.
2. Whether the summary substantially complied with ORS 250.035(2)(d) when it stated that no election could occur within 24 months of an election discontinuing union representation, although the measure also applied the two-year bar after unsuccessful initial unionization elections.
3. Whether the ballot title's statement regarding the role of the State Labor Commissioner also required modification.

Disposition

remanded