Wolf v. Myers

173 P.3d 812, 343 Or. 494, 2007 Ore. LEXIS 1113
Oregon Supreme Court·Decided December 6, 2007·No. SC S55264·Published·Cited by 17 cases

Opinion

*496 BALMER, J.

This ballot title review proceeding brought under ORS 250.085(2) concerns the Attorney General’s certified ballot title for a proposed initiative measure that the Secretary of State has denominated as Initiative Petition 114 (2008). The proposed measure would amend the Oregon Constitution to provide that no measure increasing or adding any new property tax “may be approved, except in a General Election or other election in which not less than sixty percent of the voters registered to vote * * * cast a ballot.” 1

Petitioners are electors who timely submitted written comments to the Secretary of State concerning the Attorney General’s draft ballot title and who therefore are entitled to seek review in this court of the resulting certified ballot title. See ORS 250.085(2) (stating that requirement). We review the Attorney General’s certified ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2)(a) to (d). ORS 250.085(5). In the present case, we conclude that the certified ballot title fails to comply in two respects. We therefore refer the ballot title to the Attorney General for modification.

The Attorney General certified the following ballot title:

“AMENDS CONSTITUTION: REQUIRES SUPER-MAJORITY IN SOME ELECTIONS TO APPROVE NEW, RENEWED, INCREASED PROPERTY TAXES, NEW BOND MEASURES
*497 “RESULT OF YES’ VOTE: Yes’ vote allows voter approval of certain property tax and new bond measures only at election with sixty-percent voter participation or at general election.
“RESULT OF ‘NO’ VOTE: ‘No’ vote retains current law allowing approval of certain property tax, bond measures only at election with fifty-percent voter participation or at general election.
“SUMMARY: Amends constitution. Current law, commonly referred to as the ‘double-majority’ provision, requires that measures increasing property taxes or imposing new property taxes, including certain bonded indebtedness, can be approved only in election where at least fifty percent of registered voters cast ballots or in general election held in November of an even-numbered year; all other elections are determined by a majority of those who vote, with no voter turnout requirements. Property tax measures raise money for local government services, including schools, law enforcement, libraries, parks, other uses. Measure increases required voter turnout level from fifty percent to sixty percent of registered voters in an election, other than general election, that increases, imposes, or renews property taxes, or adopts new bond measures. Other provisions.”

Petitioners challenge the Attorney General’s caption, “yes” vote result statement, and summary. Petitioners’ first objection to the caption concerns the way that the Attorney General uses the word “supermajority.” The caption states, in part, that the proposed measure “[Requires super-majority in some elections to approve new, renewed, increased property taxes, new bond measures.” Petitioners argue that the reference to “supermajority’ in the caption is misleading because it suggests that the proposed measure requires that new tax measures be approved by a super-majority, while the supermajority requirement in the proposed measure applies to voter turnout. The Attorney General does not disagree with petitioners’ interpretation of the proposed amendment, but asserts that the caption is not likely to confuse voters. The Attorney General also points out that the other sections of the ballot title explicitly state that the supermajority requirement applies only to voter turnout.

*498 We agree with petitioners. No one disputes that the supermajority requirement in Initiative Petition 114 applies to voter turnout and that the measure would not change the usual “simple majority” requirement for a tax measure to pass. With that understanding, we think it obvious that the wording in the caption that the measure “requires super-majority * * * to approve” certain taxes and bond measures is misleading. The measure does not change the “approval” requirement for those tax measures from a simple majority to a supermajority; rather, it changes the turnout requirement to a supermajority. Moreover, the accurate description of the proposed amendment in the other sections of the ballot title, while helpful, does not correct the misleading nature of the caption. See Kain v. Myers, 333 Or 497, 502-03, 41 P3d 1076 (2002) (rejecting Attorney General’s claim that more detailed summary excused failure of caption accurately to describe subject matter of proposed measure).

Petitioners also challenge the statement in the certified caption that the supermajority turnout requirement applies “in some elections.” As noted, the proposed measure would provide that no new property tax or increase in an existing property tax could be approved “except in a General Election or other election in which not less than sixty percent of the voters registered to vote * * * cast a ballot.” Petitioners assert that the turnout requirement applies to all elections, while the Attorney General interprets the requirement to apply only to “other elections” and not to general elections. Because that disagreement over the proper interpretation of the measure underlies petitioners’ challenge to the certified caption, we first discuss the parties’ differing interpretations of the proposed measure and then examine petitioners’ objection to the certified caption.

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Wolf v. Myers, 173 P.3d 812, 343 Or. 494, 2007 Ore. LEXIS 1113 (Or. 2007).

173 P.3d 812 (Wolf v. Myers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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