State Ex Rel. Bunn v. Roberts

726 P.2d 925, 302 Or. 72
CourtOregon Supreme Court
DecidedOctober 13, 1986
DocketTC 86-11688, SC S33299, TC 86-11827, SC S33297
StatusPublished
Cited by20 cases

This text of 726 P.2d 925 (State Ex Rel. Bunn v. Roberts) 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
State Ex Rel. Bunn v. Roberts, 726 P.2d 925, 302 Or. 72 (Or. 1986).

Opinions

[75]*75GILLETTE, J.

These consolidated appeals arise from two proceedings in the Circuit Court for Marion County. In the first proceeding (SC S33299), plaintiff-relators sought a writ of mandamus ordering defendant Secretary of State to certify to the defendant county clerks and election officials a ballot without an estimate of the fiscal effects of Ballot Measure 6, which relates to public funding for abortions, and ordering the defendant county clerks and election officials to remove from the ballot any such estimate. In the alternative, plaintiffrelators asked the court to specify a different estimate of the fiscal effects of Ballot Measure 6,1 order defendant Secretary of State to certify a ballot to the county clerks containing the estimate and order defendant county clerks and election officials to substitute that estimate for the one previously certified by defendant Secretary of State.

In the second proceeding (SC S33297), plaintiffs filed an action pursuant to ORS 246.910,2 naming as defendants the Secretary of State, the State Treasurer, the Director of the [76]*76Executive Department and the Director of the Department of Revenue (hereafter “defendants”). The four defendants together constitute the committee responsible for preparing an estimate of the amount of expenditure that would be required to meet the provisions of the measure if it were enacted under ORS 250.125, which provides:

“When a state measure involves expenditure of public money by the state, reduction of state revenues or raising of funds by the state by imposing any tax or incurring any indebtedness, the Secretary of State, with the assistance of the State Treasurer, the Director of the Executive Department and the Department of Revenue, shall estimate the amount of expenditure, reduction in state revenues, tax revenue or indebtedness and interest which will be required to meet the provisions of the measure if it is enacted. The estimate shall state the recurring annual amount involved, or, if the measure does not involve a recurring annual amount, the total amount. The estimate shall be certified by at least two of the officers named in this section and, not later than the 90th day before the election at which the measure is to be voted upon, it shall be filed, with the date upon which it is based, with the Secretary of State. The estimate shall be printed in the voters’ pamphlet and on the ballot unless the measure involves only administrative expenses not exceeding $50,000 per year.”

In this second action, plaintiffs challenged defendants’ certified estimate of the financial effects of Ballot Measure 6 prepared pursuant to ORS 250.125. Plaintiffs alleged that no fiscal effects estimate should have been prepared, because Ballot Measure 6 does not involve an expenditure of state money, a reduction in state revenues, the imposition of a tax by the state or the incurring of an indebtedness by the state. Alternatively, plaintiffs challenged the estimate of financial effects which defendants certified, contending the estimate was inaccurate and partial because it was based on assumptions which were “patently false, misleading, partial to the opponents of Measure Six and harmful to its prospects at the polls.”

In SC S33299 (the mandamus action), the circuit court entered orders dismissing the petition as to all defendants. These orders were reduced to judgment and judgment was entered on October 3, 1986. Plaintiff-relators appealed from this judgment dismissing the petition. In SC S33297, [77]*77(the ORS 246.910 action), the circuit court held that ORS 250.125 does not apply to Ballot Measure 6, that defendants must withdraw their certification of financial effect of Ballot Measure 6 and that defendant Secretary of State must thereafter re-certify Ballot Measure 6 to each county clerk with no financial estimate. Defendants appealed from this judgment. The Court of Appeals certified the appeals to this court. ORS 19.210. Because of the novel problem of the timing of review, we accepted the certification, although ordinarily there will be no reason why issues of election law, like any other, cannot be decided by the Court of Appeals. See State ex rel Sajo v. Paulus, 297 Or 646, 649, 688 P2d 367 (1984). We affirm as to S33299, but reverse as to S33297.

The chronology of this dispute is important. On July 11,1986, the officials specified in ORS 250.125 (or their delegates) met informally in the office of the Secretary of State for the purpose of considering an estimate of fiscal effects for Ballot Measure 6. Plaintiff Bunn attended this meeting, accompanied by legal counsel. Opponents of the measure also had been notified in advance that the meeting would be held. They submitted materials for the committee’s consideration, although they did not attend personally. At this meeting, plaintiff Bunn’s legal counsel requested that any estimate of the fiscal effects of Ballot Measure 6 be omitted from the ballot on the theory that ORS 250.125 does not apply to Ballot Measure 6 because the measure only prohibits state expenditures. The Secretary of State advised plaintiff and his legal counsel that this request would be denied.

On or about August 6,1986, defendants certified, pursuant to ORS 250.125, the following estimate of the financial effect of Ballot Measure 6:

“ESTIMATE OF FINANCIAL EFFECT: Abortions funded by the state cost an average of $200 each. Medical expenses for each birth funded by the state are $2,140. There were 1,224 state-funded abortions in the past year. Passage of this measure would mean a General Fund savings of $253,833 in medical payments not used for abortions. General Fund cost for 1,224 state-funded deliveries would mean an increase in expenditures of approximately $2.6 million, assuming 100 percent of previous abortion cases would carry pregnancy to term. The net financial effect, after accounting for savings for abortions not performed, would be an increase in General [78]*78Fund expenditures of about $2.4 million per year. Factors such as number of cases which may find private funding for abortion or abortions performed under the medical exception provision in the measure cannot be determined but may affect the eventual financial impact of the measure.”

August 6, 1986, was the 90th day prior to the November 4, 1986, general election.

On August 25, 1986, plaintiff-relators filed an original petition for mandamus in this court. The petition did not establish that the relief sought could not be obtained from the circuit court. We denied the petition.

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

Related

Polonsky v. Washington County
Court of Appeals of Oregon, 2024
Couey v. Atkins
355 P.3d 866 (Oregon Supreme Court, 2015)
Hawes v. State
125 P.3d 778 (Court of Appeals of Oregon, 2005)
League of Oregon Cities v. State
56 P.3d 892 (Oregon Supreme Court, 2002)
Beal v. City of Gresham
998 P.2d 237 (Court of Appeals of Oregon, 2000)
State Ex Rel. Keisling v. Norblad
860 P.2d 241 (Oregon Supreme Court, 1993)
State v. McIntyre/Pereira
860 P.2d 299 (Court of Appeals of Oregon, 1993)
Bassien v. Buchanan
798 P.2d 667 (Oregon Supreme Court, 1990)
Dennehy v. Roberts
798 P.2d 663 (Oregon Supreme Court, 1990)
Crumpton v. Roberts
798 P.2d 1100 (Oregon Supreme Court, 1990)
State ex rel. Roberts v. McConville
797 P.2d 365 (Oregon Supreme Court, 1990)
State ex rel. MacColl v. Roberts
785 P.2d 358 (Oregon Supreme Court, 1990)
Oregon Education Ass'n v. Phillips
727 P.2d 602 (Oregon Supreme Court, 1986)
State Ex Rel. Bunn v. Roberts
726 P.2d 925 (Oregon Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
726 P.2d 925, 302 Or. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bunn-v-roberts-or-1986.