Carlson v. Myers

959 P.2d 31, 327 Or. 213, 1998 Ore. LEXIS 531
CourtOregon Supreme Court
DecidedJune 18, 1998
DocketSC S44806 (Initiative 58); SC S44808 (Initiative 59); SC S44818 (Initiative 60); SC S44830 (Initiative 64); SC S44909 (Initiative 67)
StatusPublished
Cited by38 cases

This text of 959 P.2d 31 (Carlson v. Myers) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carlson v. Myers, 959 P.2d 31, 327 Or. 213, 1998 Ore. LEXIS 531 (Or. 1998).

Opinions

[216]*216KULONGOSKI, J.

This original proceeding consolidates five separate ballot title challenges to the Attorney General’s certified ballot titles for proposed initiatives 58, 59, 60, 64, and 67.1 Petitioner is an elector who, in a timely manner, submitted written comments about the Attorney General’s draft ballot titles for each proposed measure. ORS 250.067(1). Therefore, he is entitled to seek modification of the ballot titles in this court. ORS 250.085(2). We review the Attorney General’s certified ballot titles for substantial compliance with the requirements of ORS 250.035. ORS 250.085(5).

Petitioner challenges the caption, result statements, and summary of each of the five certified ballot titles, arguing that the ballot titles are misleading and inaccurate and, therefore, fail to comply with the requirements of ORS 250.035. Petitioner also challenges the ballot titles for proposed initiatives 59, 60, 64, and 67 on the ground that each of the titles impermissibly resembles a previously filed ballot title. ORS 250.035(6). Petitioner asserts that, because of the [217]*217similarities, this court should not certify ballot titles for those proposed initiatives.

For the reasons that follow, we hold that the ballot title certified by the Attorney General for each of the five measures substantially complies with the requirements of ORS 250.035. We reject petitioner’s argument that the court should not certify a ballot title for proposed initiatives 59,60, 64, and 67. We certify the Attorney General’s ballot titles for proposed initiatives 58, 59,60, 64, and 67.

Proposed Initiative 58

Proposed initiative 58, entitled the “Oregon Taxpayer Fairness Act,” would equalize corporate income and excise tax rates and personal income tax rates. It also would require that the percentage amount of excess revenues credited to corporate income and excise taxpayers be no greater than the percentage amount of excess revenues refunded to personal income taxpayers. Proposed initiative 58 would distribute any increased revenues in the 1997-99 biennium to school districts for textbooks or capital improvements. For the 1999-2001 biennium, it would distribute one-half of any increased revenues to counties for crime-prevention services and one-half to school districts for learning enhancements in the classroom.

Pursuant to ORS 250.067(2), the Attorney General certified the following ballot title for proposed initiative 58:

“REQUIRES EQUAL CORPORATE INCOME/ EXCISE AND PERSONAL INCOME TAX RATES
“RESULT OF TES’ VOTE: Tes’ vote requires state’s corporate income/excise tax rates to equal personal income tax rates.
“RESULT OF ‘NO’ VOTE: ‘No’ vote retains state’s corporate income/excise tax rates separate from personal income tax rates.
“SUMMARY: Current law does not link corporate income/excise tax rates to personal income tax rates. Measure requires state’s corporate income/excise tax rates to equal state’s personal income tax rates. Current law also establishes separate excess revenue refunds for corporate [218]*218income/excise taxpayers and personal income taxpayers when revenues received exceed certain estimates. Measure limits corporate income/excise taxpayers’ refund rate to personal income taxpayers’ refund rate for same biennium. Distributes certain increased revenues to counties for crime prevention services and to school districts.”

Proposed Initiative 59

Proposed initiative 59, entitled the “Oregon Tax Reduction and Equalization Act,” would reduce the maximum personal income tax rate from 9 percent to 8.85 percent and equalize corporate income and excise tax rates and personal income tax rates. It also would require that the percentage amount of excess revenues credited to corporate income and excise taxpayers be no greater than the percentage amount of excess revenues refunded to personal income taxpayers.

Pursuant to ORS 250.067(2), the Attorney General certified the following ballot title for proposed initiative 59:

“REDUCES MAXIMUM INCOME TAX RATE; EQUALIZES PERSONAL/CORPORATE TAX RATES
“RESULT OF VES’ VOTE: Ves’ vote reduces maximum personal income tax rate and equalizes certain personal/corporate tax rates.
“RESULT OF ‘NO’ VOTE: ‘No’ vote retains current personal income tax rate and retains separate personal/corporate tax rates.
“SUMMARY: Current state law does not link corporate income/excise tax rates to personal income tax rates. Measure reduces state’s maximum personal income tax rate from 9% to 8.85% and requires state’s corporate income/excise tax rates to equal state’s personal income tax rates. Current law also establishes separate excess revenue refunds for corporate income/excise taxpayers and personal income taxpayers when revenues exceed certain estimates. Measure limits corporate income/excise taxpayers’ refund rate to personal income taxpayers’ refund rate for same biennium.”

[219]*219 Proposed Initiative 60

Proposed initiative 60, entitled the “Fair Taxpayer Refunds Act,” is somewhat simpler. It would require that the percentage amount of excess revenues credited to corporate income and excise taxpayers be no greater than the percentage amount of excess revenues refunded to personal income taxpayers. Proposed initiative 60 would distribute any increased revenues to school districts for textbooks or capital improvements.

Pursuant to ORS 250.067(2), the Attorney General certified the following ballot title for proposed initiative 60:

“LIMITS CORPORATE TAXPAYERS’ EXCESS REVENUE (‘SURPLUS KICKER’) REFUND RATE
“RESULT OF YES’ VOTE: Yes’ vote limits corporate taxpayers’ excess revenue refund rate to personal income taxpayers’ refund rate.
“RESULT OF ‘NO’ VOTE: ‘No’ vote retains separate excess revenue refund rates for corporate taxpayers and personal income taxpayers.
“SUMMARY: Current state law establishes separate excess revenue determinations and separate excess revenue refund rates for corporate income/excise taxpayers and personal income taxpayers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Farnham
341 Or. App. 787 (Court of Appeals of Oregon, 2025)
Bellshaw v. Farmers Ins. Co.
373 Or. 307 (Oregon Supreme Court, 2025)
D. E. Shaw Renewable Investments v. Dept. of Rev.
371 Or. 384 (Oregon Supreme Court, 2023)
State v. Williams
Court of Appeals of Oregon, 2023
Powerex Corp. v. Dept. of Rev.
24 Or. Tax 146 (Oregon Tax Court, 2020)
City of Portland v. Bartlett
468 P.3d 980 (Court of Appeals of Oregon, 2020)
Marandas Family Trust ex rel. Marandas v. Pauley
398 P.3d 914 (Court of Appeals of Oregon, 2017)
Willamette Landing Apartments - 89, LLC v. Burnett
387 P.3d 501 (Court of Appeals of Oregon, 2016)
State v. Williams
346 P.3d 455 (Oregon Supreme Court, 2015)
State v. Vanburen
327 P.3d 555 (Court of Appeals of Oregon, 2014)
Doe v. Medford School District 549C
221 P.3d 787 (Court of Appeals of Oregon, 2009)
Department of Revenue v. Faris
190 P.3d 364 (Oregon Supreme Court, 2008)
State v. Bailey
183 P.3d 232 (Court of Appeals of Oregon, 2008)
State v. Lonergan
176 P.3d 374 (Oregon Supreme Court, 2008)
State v. Rodriguez
175 P.3d 471 (Court of Appeals of Oregon, 2007)
Vavrosky Maccoll Olson Busch & Pfeifer PC v. Employment Department
157 P.3d 312 (Court of Appeals of Oregon, 2007)
Daniel v. Board of County Commissioners
157 P.3d 275 (Court of Appeals of Oregon, 2007)
State v. Lonergan
149 P.3d 1215 (Court of Appeals of Oregon, 2006)
State v. Tannehill
141 P.3d 584 (Oregon Supreme Court, 2006)
Home Builders Ass'n of Metropolitan Portland v. City of West Linn
131 P.3d 805 (Court of Appeals of Oregon, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
959 P.2d 31, 327 Or. 213, 1998 Ore. LEXIS 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlson-v-myers-or-1998.