Initiative and Referendum

ORS 250.195
Procedure for elector dissatisfied with ballot title of county measure


(1)

Any elector dissatisfied with a ballot title filed with the county clerk by the district attorney or the county governing body, may petition the circuit court of the judicial district in which the county is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent either the district attorney or county governing body, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the county clerk. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the county clerk a title for the measure which meets the requirements of ORS 250.035 (Form of ballot titles for state and local measures).

(2)

An elector filing a petition under this section shall notify the county clerk in writing that the petition has been filed. The notice shall be given not later than 5 p.m. on the next business day following the day the petition is filed.

(3)

The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. [1979 c.190 §157; 1983 c.514 §9a; 1987 c.707 §9; 1989 c.503 §7; 1993 c.493 §97; 1995 c.534 §3]
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