Sizemore v. Myers

964 P.2d 255, 327 Or. 456, 1998 Ore. LEXIS 674
Oregon Supreme Court·Decided August 27, 1998·No. SC S45582·Published·Cited by 8 cases

Opinions

[459]*459CARSON, C. J.

This is an original proceeding in which petitioner challenges the explanatory statement for Ballot Measure 59 (1998). If adopted, Measure 59 would amend the Oregon Constitution to prohibit public funds from being spent to collect or assist in the collection of “political funds.” The measure defines “political funds” as funds contributed to a candidate or political action committee, or funds spent to support or oppose a candidate for public office or a ballot measure.

An explanatory statement committee, composed of five citizens including petitioner, prepared an explanatory statement for Measure 59 and filed that statement with the Secretary of State. ORS 251.205; ORS 251.215(1). Petitioner dissented from that statement. The Secretary of State held a hearing to receive comments on the prepared explanatory statement, and petitioner offered suggestions at that hearing. ORS 251.215(2). Consequently, petitioner is entitled to seek a different explanatory statement in this court. ORS 251.235; see also Homuth v. Keisling (S39531), 314 Or 214, 218, 837 P2d 532 (1992) (ORS 251.235 allows Supreme Court review of only those explanatory statements for which suggestions were offered by any person at the Secretary of State’s hearing).

Our task is to determine whether the explanatory statement contains a sufficient and clear statement explaining the measure. See June v. Roberts, 310 Or 244, 247, 797 P2d 357 (1990) (court reviews explanatory statement to determine whether' it is “insufficient or unclear”); ORS 251.235 (a petition to review an explanatory statement must state the reasons why the statement is “insufficient or unclear”). As we shall explain, we conclude that two of petitioner’s challenges to the explanatory statement are well taken, and, accordingly, we modify the explanatory statement and certify the modified statement to the Secretary of State. See ORS 251.235 (describing review process).

The explanatory statement for Measure 59 provides as follows:

“This measure adds a new section to the Oregon Constitution that prohibits any person or organization from using [460]*460public resources to collect or help collect political funds. Public resources that cannot be used to collect political funds include public moneys, public employee time, public property and public equipment and supplies. Political funds include any money contributed to candidates or political committees and any money spent supporting or opposing a candidate, ballot measure or initiative petition. A public body is prohibited from using its resources to collect political funds even if it is reimbursed for the cost.
“An organization violating this measure by using nonpolitical funds (collected for it by a public body) for a political purpose will lose the right to payroll deductions by any public body for all purposes.
“This measure prohibits several activities currently allowed under Oregon law. For example, under this measure it would be illegal:
“1) To use public property, including public buildings, to collect or help collect political campaign funds.
“2) To recognize a public employee’s request to payroll deduct part of the employee’s wages and transfer that deducted money to an organization that uses all or part of that money to support or oppose candidates, initiatives or ballot measures.
“3) To include in the voters’ pamphlet any paid statement supporting or opposing candidates, initiatives or ballot measures.”

(Boldface in original.)

Petitioner raises four challenges to the explanatory statement. First, he objects to the use of the word “illegal” in the third paragraph, contending that it is a “charged” term that will inflame the voters. Second, he objects to the use of boldface type in the third paragraph, contending that it inappropriately highlights the purported effects if Measure 59 is adopted, drawing attention away from the description of the measure contained in the first two paragraphs. Third, petitioner objects to the final paragraph of the explanatory statement, because he disagrees that the measure, if adopted, will affect the voters’ pamphlet. Finally, he challenges the notion that an explanatory statement, such as the one prepared [461]*461here, may include any description of the purported effects of the measure.

Respondents Gray, Hartman, and Beaufait (respondents)1 and intervenor contend that the explanatory statement properly and accurately describes the effects if Measure 59 is adopted by the voters. Intervenor also offers some minor grammatical modifications to the statement, concerning the discussion of the voters’ pamphlet.

We first consider whether ORS 251.215(1) permits the explanatory statement committee to include a description of the effects of a measure in the explanatory statement. Because the answer is a matter of statutory construction, we follow the template set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 (1993). We first examine the text and context of the statute. Id. at 610-11. Context includes other related statutes and earlier versions of the statute under consideration. See Owens v. Maass, 323 Or 430, 435, 918 P2d 808 (1996) (so stating). If the meaning of the statute cannot be determined from an examination of its text and context, then we examine the legislative history of the statute. PGE, 317 Or at 611-12. Our goal at both levels of analysis is to determine legislative intent. Id. at 610-12.

ORS 251.215(1) requires an explanatory statement committee to prepare “an impartial, simple and understandable statement explaining the measure,” not to exceed 500 words. (Emphasis added.) As a textual matter, the parties’ dispute centers upon the meaning of the word “explaining.” The statute does not define that term, so we turn to its plain, natural, and ordinary meaning. See PGE, 317 Or at 611 (words of common usage typically should be given their plain, natural, and ordinary meaning).

The dictionary definition of the word “explain” provides, in part:

[462]

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

Sizemore v. Myers, 964 P.2d 255, 327 Or. 456, 1998 Ore. LEXIS 674 (Or. 1998).

964 P.2d 255 (Sizemore v. Myers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Buel/Markley v. Rosenblum
468 P.3d 459 (Oregon Supreme Court, 2020)
In Re Complaint as to the Conduct of Smith
236 P.3d 137 (Oregon Supreme Court, 2010)
McCormick v. Kroger/Devlin
220 P.3d 412 (Oregon Supreme Court, 2009)
Dudley v. Jenks
10 P.3d 257 (Oregon Supreme Court, 2000)
Novick v. Bradbury
10 P.3d 254 (Oregon Supreme Court, 2000)
Meek v. Gray
10 P.3d 251 (Oregon Supreme Court, 2000)
McIntire v. Williams
998 P.2d 659 (Oregon Supreme Court, 2000)
Sizemore v. Myers
964 P.2d 255 (Oregon Supreme Court, 1998)