ORS 250.044
When actions challenging constitutionality of state measure must be filed in Marion County Circuit Court


(1)

An action that challenges the constitutionality of a measure initiated by the people or referred to the people for a vote must be commenced in the Circuit Court for Marion County if:

(a)

The action is filed by a plaintiff asserting a claim for relief that challenges the constitutionality of a state statute or an amendment to the Oregon Constitution initiated by the people or referred to the people under section 1 (1) to (4), Article IV of the Oregon Constitution;

(b)

The action is commenced on or after the date that the Secretary of State certifies that the challenged measure has been adopted by the electors and within 180 days after the effective date of the measure; and

(c)

The action may not be commenced in the Oregon Tax Court.

(2)

An action under subsection (1) of this section must be within the jurisdiction of circuit courts and must present a justiciable controversy. The plaintiff in an action subject to the requirements of this section must serve a copy of the complaint on the Attorney General.

(3)

If an action subject to the requirements of this section is filed in a court other than the Circuit Court for Marion County, the other court, on its own motion or the motion of any party to the action, shall dismiss the action or transfer the action to the Circuit Court for Marion County.

(4)

This section does not apply to any civil or criminal proceeding in which the constitutionality of a state statute or provision of the Oregon Constitution is challenged in a responsive pleading.

(5)

If a judgment in an action subject to the requirements of this section holds that a challenged measure is invalid in whole or in part, a party to the action may appeal the judgment only by filing a notice of appeal directly with the Supreme Court within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection.

(6)

If a judgment in an action subject to the requirements of this section holds that a challenged measure is valid, a party to the action may appeal the judgment by filing a notice of appeal in the Court of Appeals within the time and in the manner specified in ORS chapter 19 for civil appeals. Notwithstanding ORS 19.405 (Certification of appeal to Supreme Court) (1), the party may move the Court of Appeals to certify the appeal to the Supreme Court, and the Court of Appeals acting in its sole discretion may so certify the appeal. If the Court of Appeals certifies the appeal to the Supreme Court, the Supreme Court shall accept or deny acceptance of the certification as provided in ORS 19.405 (Certification of appeal to Supreme Court) (2). [1997 c.794 §2]

Source: Section 250.044 — When actions challenging constitutionality of state measure must be filed in Marion County Circuit Court, https://www.­oregonlegislature.­gov/bills_laws/ors/ors250.­html.

Notes of Decisions

Challenge to enacted law cannot be filed in combination with preelection challenge to ballot measure creating law. Sizemore v. Keisling, 164 Or App 80, 990 P2d 351 (1999), Sup Ct review denied

Jurisdiction set forth in this section is exclusive only if ballot measure challenge meets listed conditions. Swett v. Bradbury, 333 Or 597, 43 P3d 1094 (2002)

250.005
Definitions
250.015
Form of petition
250.025
Qualifications for signers of petition
250.029
Withdrawal of initiative or referendum petition
250.031
Rules for conduct of election under Article XI, section 11, of Oregon Constitution
250.035
Form of ballot titles for state and local measures
250.036
Form of ballot title for measure subject to Article XI, section 11 (8), of Oregon Constitution
250.037
Form of ballot title for measure requesting approval of certain bonds
250.038
Form of ballot title for measure authorizing imposition or renewal of local option taxes or establishing permanent rate limitation
250.041
Applicability of ORS 250.005 to 250.038 to counties and cities
250.042
Effect of failure of petition circulator to certify signature sheet
250.043
Acceptance of initiative or referendum petition without original signatures
250.044
When actions challenging constitutionality of state measure must be filed in Marion County Circuit Court
250.045
Prospective petition
250.048
Registration and training for paid petition circulators
250.052
Official templates of cover and signature sheets
250.062
Identical draft ballot titles required for certain state measures
250.065
Preparation of ballot titles for certain state measures
250.067
Notice of draft ballot title
250.075
Preparation of ballot titles by Legislative Assembly
250.085
Procedure for elector dissatisfied with ballot title of state measure
250.095
State measures affecting a county or district
250.105
Petition filing requirements
250.115
Numbering of state measures
250.125
Estimate of financial impact of state measures
250.127
Preparation and filing of estimates and statements of financial impact of state measure
250.131
Court review of procedures under which estimates and statements of financial impact of state measure were prepared
250.135
Retention of petition materials
250.137
Citizens’ Initiative Review Commission
250.139
Citizen panels
250.141
Citizen panel statements
250.143
Evaluation of citizen panel procedures
250.147
Contributions to Citizens’ Initiative Review Commission
250.149
Determination of sufficient funds for commission and citizen panels
250.155
Application of ORS 250.165 to 250.235
250.165
Prospective petition
250.168
Determination of compliance with constitutional provisions
250.175
Preparation of ballot titles for certain county measures
250.185
Preparation of ballot titles by county governing body
250.195
Procedure for elector dissatisfied with ballot title of county measure
250.205
Filing and signature requirements for nonhome rule counties
250.215
Filing officer for county measure
250.221
Date of election
250.235
Retention of petition materials
250.255
Application of ORS 250.265 to 250.346
250.265
Prospective petition
250.270
Determination of compliance with constitutional provisions
250.275
Preparation of ballot titles for certain city measures
250.285
Preparation of ballot titles by city governing body
250.296
Procedure for elector dissatisfied with ballot title of city measure
250.305
Signature requirements
250.315
Filing officer
250.325
Procedure following filing of initiative petition
250.346
Retention of petition materials
250.355
Date of election
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