Jimerson v. Rosenblum

Summary

The Oregon Supreme Court reviewed a certified ballot title for Initiative Petition 1 (2018), which would have amended the Oregon Constitution to restrict public funding for abortions. The court held that the ballot-title summary was misleading because its statement that there was no exception for pregnancies resulting from rape or incest did not account for the measure’s exception based on federal law. The court upheld the result statements and referred the summary to the Attorney General for modification.

Holdings

1. The certified yes and no result statements substantially complied with ORS 250.035(2)(b) and (c).
2. The sentence "No exception for pregnancy resulting from rape or incest" was misleading and did not substantially comply with ORS 250.035(2)(d), because the proposed measure contained a federal-law-dependent exception that might provide for public funding in those circumstances.

Questions Presented

1. Whether the certified yes and no result statements substantially complied with ORS 250.035(2)(b) and (c).
2. Whether the certified ballot-title summary substantially complied with ORS 250.035(2)(d), particularly its statement that there was no exception for pregnancy resulting from rape or incest.

Disposition

remanded