Kain v. Myers (certification)
This text of 41 P.3d 1087 (Kain v. Myers (certification)) 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.
Opinion
*562 The court in this ballot title review proceeding determined that the Attorney General’s certified ballot title for a proposed initiative measure, which the Secretary of State denominated as Initiative Petition 132 (2002), failed to comply substantially with statutory standards. Kain v. Myers (S49089), 333 Or 446, 41 P3d 416 (2002). Under ORS 250.085(8), the court referred the ballot title to the Attorney General for modification. The Attorney General has filed a modified ballot title for the proposed initiative measure, and no party to the ballot title review proceeding has objected. See ORS 250.085(9) (setting out period within which party may object to modified ballot title and requiring court to certify modified ballot title if no objection filed).
The modified ballot title for Initiative Petition 132 (2002) states:
“AMENDS CONSTITUTION: CHIEF PETITIONERS MUST REWRITE CERTAIN INVALIDATED MEASURES; REQUIRES SUBMITTING REWRITTEN MEASURES TO VOTERS; APPLIES RETROACTIVELY
“RESULT OF YES’ VOTE: Yes’ vote requires chief petitioners, working with legislative counsel, to rewrite certain judicially invalidated initiative measures; requires submission of rewritten measures to voters; applies retroactively.
“RESULT OF ‘NO’ VOTE: ‘No’ vote rejects requiring chief petitioners to rewrite initiated measures that courts invalidate for certain reasons; rejects requiring submission of rewritten initiatives to voters.
“SUMMARY: Amends constitution. Currently, any person may rewrite a judicially invalidated ballot measure, have resulting measure submitted to voters if signature-gathering, other requirements met. This measure affects initiative measures judicially invalidated for violating certain procedural requirements, including constitutional single-subject, full-text or separate-amendment provisions. Requires invalidated measure’s chief petitioner, working with legislative counsel, to rewrite measure, correcting procedural problems while replicating original measure’s effect. Requires submission of rewritten measure(s) to voters, using ballot title identical to original measure’s to extent practical, adding statement that rewritten measure *563 has same effect as original, except for correction of procedural problems. Requires that certain challenges to voter-approved measures be brought in Oregon Supreme Court. Applies retroactively to judicial decisions issued after November 6, 2000. Other provisions.”
The modified ballot title is certified. The appellate judgment shall issue in accordance with ORS 250.085(9).
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
41 P.3d 1087, 333 Or. 561, 2002 Ore. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kain-v-myers-certification-or-2002.