Sizemore/Novick v. Myers

26 P.3d 140, 332 Or. 191, 2001 Ore. LEXIS 360

• Court: Oregon Supreme Court
• Decided: June 1, 2001
• Docket: SC S48279; SC S48282
• Status: Published

Opinion

PER CURIAM

These two ballot title review proceedings have been consolidated for oral argument and opinion. These proceedings are brought under ORS 250.085(2) and concern the Attorney General’s certified ballot title for a proposed initiative measure, denominated by the Secretary of State as Initiative Petition 18 (2002). Petitioners are electors who timely submitted written comments to the Secretary of State concerning the content of the Attorney General’s draft ballot title. Accordingly, they are entitled to seek review in this court. See ORS 250.085(2) (stating that requirement). We review the Attorney General’s certified ballot title to determine whether it complies substantially with the requirements of ORS 250.035(2)(a) to (d). ORS 250.085(5).

Petitioners challenge the Attorney General’s caption, “no” vote result statement, and summary. We have considered each of petitioners’ arguments and conclude that none is well taken. Accordingly, we certify the following ballot title to the Secretary of State:

AMENDS CONSTITUTION: PROHIBITS PAYROLL DEDUCTION IF ANY PORTION USED FOR “POLITICAL PURPOSES” (DEFINED) WITHOUT EMPLOYEE’S WRITTEN AUTHORIZATION

RESULT OF “YES” VOTE: ‘Yes” vote prohibits payroll deductions if any portion is used for “political purposes” (as defined) without an employee’s written, and annually renewed, authorization.

RESULT OF “NO” VOTE: “No” vote retains, without modification, current provisions governing authorization of payroll deductions used for “political purposes” (as defined).

SUMMARY: Amends Constitution. Current law allows payroll deductions required bylaw, or authorized by written permission or collective bargaining agreement; unions cannot require political contributions. Measure prohibits payroll deductions used for “political purposes” without employee’s permission annually granted on form used for this purpose. Legislature must ensure personal information is neither on this form nor publicly available. Money is used for “political purposes” when any portion is: contributed to candidate, political committee, or party; spent supporting or opposing ballot measure or public-office candidate; or commingled with money used for “political purposes.” Money is not used for “political purposes” when spent lobbying, unless spent on certain communications identifying public-office candidate in election set within 60 days of communication. Establishes civil penalties for violations. Other provisions.

Ballot title certified. This decision shall become effective in accordance with ORAP 11.30(10).