Livingston v. Kroger/Devlin, 347 Or. 307

Summary

The Oregon Supreme Court reviewed challenges to the ballot title and explanatory statement for Referendum No. 302 (Ballot Measure 67), concerning increased corporate and partnership taxes and certain business filing fees. The court required modifications to references stating that the measure would “maintain” currently budgeted funds, replacing that language with “provide” and revising the no-vote statement. The court referred the ballot title to the Attorney General for modification and certified the modified explanatory statement to the Secretary of State.

Holdings

1. The ballot title did not substantially comply with statutory requirements to the extent it stated that Ballot Measure 67 would maintain currently budgeted funds and that a no vote would reduce those funds. The title required modification to use language stating that the measure would provide funds and that a no vote would leave the currently budgeted amounts underfunded.
2. The explanatory statement was insufficient or unclear to the extent it stated that the measure would maintain currently budgeted funds. The court substituted the word "provide" for "maintain" and certified the modified explanatory statement to the Secretary of State.
3. The remaining challenges to the ballot title and explanatory statement did not require further modification.

Questions Presented

1. Whether the ballot title for Ballot Measure 67 substantially complied with the statutory requirements governing the caption, vote-result statements, and summary.
2. Whether the ballot title inaccurately stated that the measure would maintain funds currently budgeted for education, health care, public safety, and other services.
3. Whether the explanatory statement was insufficient or unclear because it stated that the measure would maintain currently budgeted funds.
4. Whether additional challenges to the ballot title and explanatory statement required further modifications.

Disposition

other