Summary
The Oregon Supreme Court reviews challenges to the certified ballot title for Initiative Petition 43, concerning restrictions on defined assault weapons and large-capacity magazines. The court concludes that the caption, result statements, and summary inaccurately describe the registration exception, covered items, criminal penalties, required owner actions, and use restrictions, and refers the ballot title to the Attorney General for modification.
Topics
Practice areas
Questions Presented
- Whether the certified ballot-title caption substantially complied with ORS 250.035(2)(a), including whether it accurately described the registration exception and the defined terms assault weapons and large capacity magazines.
- Whether the yes result statement substantially complied with ORS 250.035(2)(b), including whether it accurately described the registration exception, the scope of the measure, and the actions required of current owners.
- Whether the no result statement substantially complied with ORS 250.035(2)(c), including whether it accurately described existing restrictions on firearm possession.
- Whether the summary substantially complied with ORS 250.035(2)(d), including whether it accurately described the registration deadline and exception, the Class B felony, and restrictions on use.
Holdings
- The caption did not substantially comply with ORS 250.035(2)(a) because the phrase prohibiting covered items "unless registered with state police" misleadingly suggested a general, continuing registration exception. The caption had to explain that registration was generally available only to persons who already possessed covered items before the effective date and to persons who later acquired such items by inheritance.
- The caption did not substantially comply with ORS 250.035(2)(a) because using the terms assault weapons and large capacity magazines, even with quotation marks and the parenthetical "defined," could confuse or mislead voters about the measure's subject matter.
- The yes result statement did not substantially comply with ORS 250.035(2)(b) because it inaccurately described the registration exception and the scope of the measure and failed to state that current owners would have to register covered items or sell, surrender, remove, or destroy them within 120 days.
- The no result statement did not substantially comply with ORS 250.035(2)(c) because it described existing law as barring purchases by certain individuals when existing law more broadly prohibited possession by certain individuals.
- The summary did not substantially comply with ORS 250.035(2)(d) because it inaccurately suggested that registration was a general exception and failed to state that current owners had 120 days after the effective date to register or take an alternative required action.
- The summary did not substantially comply with ORS 250.035(2)(d) because its general reference to criminal penalties did not adequately disclose that the measure created a new Class B felony.
- The summary did not substantially comply with ORS 250.035(2)(d) because the phrase "may limit uses of covered items" was inaccurate; the measure would impose use and location restrictions on registered covered items.
Key quotations
“"subject matter" refers to the "actual major effect" of a proposed measure or, "if the measure has more than one major effect, all such effects within [the] applicable word limit"” (365)
“we agree with petitioners that the use of those terms in the caption—even if surrounded by quotation marks and accompanied by "(defined)"—would confuse or mislead voters about the measure's subject matter.” (367-368)
“The summary must be modified to accurately describe the registration exception.” (370)
“The summary must be modified to state that the measure would limit the use of covered items.” (371)
Factual background
Initiative Petition 43 would criminalize the manufacture, importation, possession, purchase, sale, or transfer of broadly defined assault weapons and large-capacity magazines, subject to specified exceptions. It would allow certain current owners and persons who later inherit covered items to register them within 120 days, subject to background checks, storage requirements, location and use restrictions, and limits on later transfer or acquisition. The proposed measure would create a Class B felony and require the Oregon State Police to maintain a registration registry.
Procedural history
The Attorney General prepared a draft ballot title, the Secretary of State circulated it for public comment, and the Attorney General modified and certified the ballot title after receiving more than 1,000 comments. Petitioners, electors who had timely submitted comments, challenged the certified ballot title in the Oregon Supreme Court. The court referred the ballot title to the Attorney General for modification.
Remand instructions
The certified ballot title for Initiative Petition 43 was referred to the Attorney General for modification of the caption, yes result statement, no result statement, and summary in accordance with the opinion.