Bosak v. Myers (on objections)

41 P.3d 1082, 333 Or. 512, 2002 Ore. LEXIS 167

• Court: Oregon Supreme Court
• Decided: March 14, 2002
• Docket: SC S48536
• Status: Published

Opinion

PER CURIAM

This is a ballot title proceeding regarding Initiative Petition 40 (2002). 1 In Bosak v. Myers, 333 Or 39, 37 P3d 980 (2001), this court sustained in part petitioners’ objections to the Attorney General’s certified ballot title and referred the certified ballot title to the Attorney General for modification. The Attorney General filed a modified ballot title, and petitioners objected to the modified ballot title. At the court’s request, the Attorney General responded to petitioners’ objection, arguing that the court should deny the objection. ORS 250.085(9) requires the court to review the Attorney General’s modified ballot title to determine whether it “substantially complies with the requirements of ORS 250.035.”

The Attorney General’s modified ballot title is insufficient for the reasons described by this court with respect to a similar modified ballot title for a similar proposed measure in Novick/Bosak v. Myers, 333 Or 490, 41 P3d 1080 (2002). For the same reasons, we refer the modified ballot title in this proceeding to the Attorney General for additional modification.

Modified ballot title referred to Attorney General for additional modification.

1 This court summarized the proposed initiative as follows in Bosak v. Myers, 333 Or 39, 41, 37 P3d 980 (2001):

“The proposed initiative, if approved, would incorporate into the Oregon Constitution several new provisions concerning the negotiation of wages and working conditions in public sector workplaces in Oregon.”