Initiative and Referendum

ORS 250.067
Notice of draft ballot title

  • written comments
  • certification of title
  • correction of clerical errors
  • rules


(1)

The Secretary of State, upon receiving a draft ballot title from the Attorney General under ORS 250.065 (Preparation of ballot titles for certain state measures) or 250.075 (Preparation of ballot titles by Legislative Assembly), shall provide reasonable statewide notice of having received the draft ballot title and of the public’s right to submit written comments as provided in this section. Written comments concerning a draft ballot title may be submitted to the secretary not later than the 10th business day after the secretary receives the draft title from the Attorney General. On the next business day after the deadline for submitting comments, the secretary shall send a copy of all written comments to the Attorney General. The secretary shall maintain a record of written comments received.

(2)

(a) If written comments are submitted to the secretary under subsection (1) of this section, the Attorney General shall consider the comments and certify to the secretary either the draft ballot title or a revised ballot title not later than the 10th business day after receiving the comments from the secretary.

(b)

If no written comments are submitted to the secretary, the Attorney General shall certify the draft ballot title not later than the 21st business day after the secretary receives the draft title from the Attorney General. If the Attorney General determines that a draft ballot title described in this paragraph contains a clerical error, the Attorney General may correct the error before certifying the corrected draft ballot title to the secretary.

(c)

If the Attorney General determines that a ballot title certified under this subsection contains a clerical error, the Attorney General may correct the error and certify to the secretary a corrected ballot title not later than the 10th business day after the date the ballot title was certified.

(d)

The secretary shall furnish the chief petitioner with a copy of each ballot title certified under this subsection.

(3)

Unless the Supreme Court certifies a different ballot title, the latest ballot title certified by the Attorney General under subsection (2) of this section is the title to be printed in the voters’ pamphlet and on the ballot.

(4)

If a petition is filed with the Supreme Court as provided in ORS 250.085 (Procedure for elector dissatisfied with ballot title of state measure), the Secretary of State shall file with the Supreme Court a copy of the written comments received as part of the record on review of the ballot title.

(5)

The secretary by rule shall specify the means for providing reasonable statewide notice for submitting comments on a draft ballot title.

(6)

As used in this section, “clerical error” means a typographical, arithmetical or grammatical error or omission that is evident from the text of the draft or certified ballot title or by comparison of the text of the draft or certified ballot title with a written explanation that was provided by the Attorney General and issued concurrently with the draft or certified ballot title. [1985 c.447 §5; 1989 c.503 §5; 2001 c.802 §1; 2005 c.797 §38; 2007 c.159 §1; 2007 c.848 §10; 2017 c.749 §15]
Chapter 250

Notes of Decisions

Initiative measure filed in election cycle must satisfy all statutory and constitutional requirements and be placed on ballot in that election cycle; if proponents wish to put measure on ballot at another election, they must start initiative process over during next election cycle. Unger v. Rosenblum, 362 Or 210, 407 P3d 817 (2017)

Law Review Citations

27 WLR 132 (1991); 75 OLR 561 (1996)


Source

Last accessed
Jun. 26, 2021