Caruthers v. Myers

Summary

The Supreme Court of Oregon reviewed a certified ballot title for an initiative concerning union membership, representation, dues, and payroll deductions. The court held that the ballot title inaccurately described the measure's effects because federal law would continue to require private-sector unions to represent bargaining-unit employees, while the measure's effect on public-sector unions was unclear. The court referred the caption, yes-vote result statement, and summary to the Attorney General for modification.

Holdings

1. When necessary to provide voters accurate and neutral information, the Attorney General must look beyond the measure's text and describe its subject matter and effects in the context of existing law.
2. The proposed measure could not relieve a private-sector union of its federal obligation to represent all employees in a bargaining unit, regardless of union membership.
3. When a proposed measure has two or more plausible interpretations concerning its effect on existing law, the Attorney General should communicate the ambiguity to voters rather than selecting one interpretation for the ballot title.
4. The caption, yes-vote result statement, and summary did not substantially comply with ORS 250.035 because they inaccurately stated, without qualification, that unions would not be required to represent nonmember employees.

Questions Presented

1. Whether the certified ballot-title caption accurately identified the subject matter of Initiative Petition 27 under ORS 250.035(2)(a).
2. Whether the yes-vote result statement accurately described the result of approving the measure under ORS 250.035(2)(b).
3. Whether the summary impartially and concisely described the measure and its major effects under ORS 250.035(2)(d).
4. Whether the Attorney General was required to account for settled federal preemption and the uncertain effect of the measure on public-sector unions when drafting the ballot title.

Disposition

remanded