Marbet v. Keisling

838 P.2d 580, 314 Or. 223, 1992 Ore. LEXIS 173
CourtOregon Supreme Court
DecidedSeptember 11, 1992
DocketSC S39523
StatusPublished
Cited by4 cases

This text of 838 P.2d 580 (Marbet v. Keisling) 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
Marbet v. Keisling, 838 P.2d 580, 314 Or. 223, 1992 Ore. LEXIS 173 (Or. 1992).

Opinions

[225]*225GILLETTE, J.

Petitioners, who are the chief sponsors of 1992 Ballot Measure 5 (a measure that would close the Trojan nuclear power plant at Rainier, Oregon), brought this original proceeding in this court pursuant to ORS 250.131, set out post. Petitioners challenge the estimate of financial impact of the measure that was prepared by respondents, who collectively constitute the statutory committee charged with the task of preparing estimates of financial impact for statewide ballot measures.1 For the reasons that follow, we hold that petitioners’ challenges to the financial impact estimate are not of a kind that may be addressed by this court in a proceeding under ORS 250.131. Accordingly, we dismiss the petition.

PREPARATION AND REVIEW OF FINANCIAL IMPACT ESTIMATES

The following is a summary of the procedure by which a financial impact estimate for a ballot measure is prepared:

(1) The Secretary of State, the State Treasurer, the Director of the Executive Department, and the Director of the Department of Revenue are designated a [226]*226committee to make certain estimates of the financial impact of a ballot measure. ORS 250.125(1) and (2).
(2) The estimates prepared by the committee must be filed with the Secretary of State at least 100 days before the election at which the ballot measure is to be voted on. ORS 250.127(1).
(3) After ‘ ‘reasonable statewide notice,1 ’ the Secretary of State must hold a hearing (within a designated time period) to receive suggested changes to the estimates made by the committee. ORS 250.127(2).
(4) The four designated officials (i.e., the committee) “shall consider” any suggestions submitted and “may” file revised estimates within a further designated time period. ORS 250.127(3).
(5) The estimates must be approved by at least three of the four designated officials. The Secretary of State must certify the estimates at least 90 days before the election. All estimates must be made available to the public. ORS 250.127(4).
(6) Meetings of the four designated officials must be open to the public. ORS 250.127(6).
(7) The estimates must be printed on the ballot and in the voters’ pamphlet unless the measure involves only state agency expenses not exceeding $100,000 per year. ORS 250.125(3).

Direct judicial review of the foregoing process is very limited and is confined to this court. ORS 250.131(1) and (2) provide:

“(1) Any person alleging that an estimate required under ORS 250.125 was prepared, filed or certified in violation of the procedures specified in ORS 250.125 or 250.127 may petition the Supreme Court seeking that the required procedures be followed and stating the reasons the estimate filed with the court does not satisfy the required procedures. No petition shall be allowed concerning the amount of the estimate or regarding whether an estimate should be prepared.
“(2) If the petition is filed not later than the 85th day before the election at which the measure is to be voted upon, [227]*227the court shall review the procedures under which the estimate was prepared, filed and certified, hear arguments and determine whether the procedures required under ORS 250.125 and 250.127 were satisfied. The review by the Supreme Court shall be conducted expeditiously to insure the orderly and timely conduct of the election at which the measure is to be submitted to the electors.”

(Emphasis added.) If this court determines that “the procedures” were not satisfied, we are directed to order the preparation of a second estimate by the same designated officials, who are required to act under a very restricted time line. If a second estimate is prepared by those officials, it is not subject to any judicial review at all. ORS 250.131(3)(c).

Under ORS 250.131(2), we are authorized to examine only whether the “procedures under which the estimate was prepared, filed and certified” were satisfied. What are those “procedures”? Assuming (without deciding) that the term is ambiguous, the parties have not pointed to any legislative history that more fully explains what the legislature had in mind by use of the word “procedures,” and we know of none. Absent other information, we give the word its ordinary meaning, viz., the series of steps by which the designated officials are directed to carry out their function.

The statute’s specification of “procedural,” as opposed to plenary, review, together with the statute’s overall emphasis on an expeditious estimate-preparation and review process, persuades us that the legislature did not intend the scope of this court’s review under ORS 250.125 to include any inquiry into the substance of a financial impact estimate. We recognize that this limited reading of the scope of our review under the statute necessarily means that an estimate may inaccurately describe the financial impact of a measure but be beyond the authority of this court to correct pursuant to ORS 250.131, so long as that statement was prepared in accordance with the procedures set out in the statutes. But choosing between speed and a more extensive form of judicial review was a policy choice for the legislature, not this court, to make.

Any argument for a contrary reading of ORS 250.131 necessarily assumes that the “procedures” that the committee must follow (and that this court may review) include the [228]

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Related

State ex rel. Marbet v. Keisling
838 P.2d 585 (Oregon Supreme Court, 1992)
Homuth v. Keisling
838 P.2d 587 (Oregon Supreme Court, 1992)
Wilson v. Keisling
838 P.2d 588 (Oregon Supreme Court, 1992)
Marbet v. Keisling
838 P.2d 580 (Oregon Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
838 P.2d 580, 314 Or. 223, 1992 Ore. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marbet-v-keisling-or-1992.