OAR 165-014-0028
Review of Proposed Initiative Measures for Procedural Constitutional Compliance
(1)
The Secretary of State will review a proposed initiative measure submitted under the authority of Article IV, section 1 of the Oregon Constitution and ORS 250.045 (Prospective petition) to determine if it complies with the procedural requirements established in the Oregon Constitution for initiative petitions. This review will include, but not necessarily be limited to, whether a proposed initiative measure: “embraces one subject only and matters properly connected therewith,” constitutes an “amendment” to the constitution, or proposes a single amendment to the Constitution or separate amendments that must be submitted separately. The Secretary will not review any prospective petition for substantive constitutional or legal sufficiency.(2)
The Secretary of State will conduct the review of proposed initiative measures for procedural constitutional compliance during the period when the draft ballot title and certified ballot title are prepared.(3)
The Secretary of State will distribute a copy of the text of the proposed initiative measure in the same manner as provided by rule for statewide notice of the opportunity to provide comment on draft ballot titles prepared by the Attorney General. The Secretary will seek comment from interested persons regarding whether the proposed initiative measure complies with procedural constitutional requirements, including those described in section (1) above. Comments must be filed within the same time period as provided for comments on the sufficiency of the draft ballot title.(4)
The Secretary of State will notify in writing the chief petitioners of the results of the Secretary’s review for compliance with the procedural constitutional requirements for proposed initiative measures. The notification will also be sent to any interested persons who submitted timely comments to the Secretary, in the same manner as provided for notification of the certified ballot title provided by the Attorney General.(5)
The Secretary of State will not approve for circulation the form of the cover and signature sheet filed by a chief petitioner(s) if the Secretary determines that the proposed initiative measure fails to comply with the constitutional procedural requirements for a proposed initiative measure.(6)
The Secretary of State’s notice issued pursuant to section (4) is a final order. Review of this order may be sought under ORS 183.484 (Jurisdiction for review of orders other than contested cases) or 246.910 (Appeal from Secretary of State, county clerk or other elections official to courts) in the Marion County Circuit Court.
Source:
Rule 165-014-0028 — Review of Proposed Initiative Measures for Procedural Constitutional Compliance, https://secure.sos.state.or.us/oard/view.action?ruleNumber=165-014-0028.