Unger v. Rosenblum

Summary

The Oregon Supreme Court reviewed a certified ballot title for Initiative Petition 65 (2016), which would establish and fund a High School Graduation and College and Career Readiness Fund. The court held that the caption improperly speculated that the measure would reduce funds for other services and that related language in the yes-vote statement and summary could be misleading. The court referred the ballot title to the Attorney General for modification.

Holdings

1. The caption was deficient because the statement that Initiative Petition 65 reduces funds for other services speculated about a possible effect of the measure rather than reasonably identifying a necessary consequence of the measure.
2. The yes-vote result statement was strictly accurate but could be misleading because it might be understood to suggest that Initiative Petition 65 necessarily would reduce funding for other services. The Attorney General could address that issue, and the related summary issue, on referral.
3. The court rejected the remaining challenges without discussion.

Questions Presented

1. Whether the ballot-title caption reasonably identified the subject matter of Initiative Petition 65 when it stated that the measure would reduce funds for other services.
2. Whether the ballot-title result statement and summary improperly suggested that the measure necessarily would reduce funding for other services or programs.
3. Whether the remaining challenges to the no-vote result statement and summary required modification of the certified ballot title.

Disposition

other