Ballot Measure Confusion in Oregon What Happened Next

In Oregon, many voters are frustrated by unclear ballot measure language, a situation not unique to this state. Understanding the law is crucial for addressing these issues effectively. This article explores how McIntire v. Hardy Myers provides insight into navigating such challenges. Read on to discover how this precedent can guide you in dealing with confusing ballot measures.

Situation

Specific Situation

In Oregon, a legal issue came up about the explanation for Ballot Measure 79. This measure was about changing the Oregon Constitution to raise the number of signatures needed to start a constitutional amendment. The problem was whether the explanation written by a group of citizens was clear enough to explain what the measure would do. The person who disagreed with the explanation wanted it to clearly show that the change would make a big difference in how many signatures were needed.

Plaintiff’s Argument

The person challenging the explanation said it wasn’t clear enough. He thought it should clearly say that the measure would make it 50% harder to get enough signatures for constitutional changes. He also thought the explanation should give an example of how many more signatures would be needed based on past elections.

Defendant’s Argument

The people who wrote the explanation, along with the Attorney General, said the explanation was already clear. They believed voters could understand the change by doing simple math. They also thought adding exact numbers might confuse people by suggesting that future requirements would always be the same as past ones.

Judgment Outcome

The court agreed with the defendants. They said the explanation was clear and didn’t need changes. So, the original explanation was used for Measure 79. The person who wanted to change it didn’t succeed. (Oregon SC S47275)

Solution

Immediate Actions

If you find yourself in a similar situation where you disagree with an explanatory statement, the first step is to review the statement carefully. Check if it meets the statutory requirements for clarity and impartiality. Gather any evidence or examples that might support your case if you believe the statement is unclear.

Filing a Petition

To challenge an explanatory statement, you can file a petition with the Oregon Supreme Court. It’s essential to follow the guidelines under ORS 251.235, which allows for judicial review of these statements. Before filing, consider consulting with a legal expert to evaluate the strength of your case and to ensure that your petition is complete and compelling.

Negotiation and Alternatives

Sometimes, direct communication with the explanatory statement committee might resolve the issue without needing a court case. You could propose revisions or suggest adding clarifying details. In parallel, consider public education campaigns to help voters understand the measure better, especially if the court option seems unlikely to succeed.

FAQ

What is Measure 79?

Measure 79 is about changing the Oregon Constitution to increase the percentage of signatures needed for initiative amendments from 8% to 12% of the total votes cast for Governor.

Who is the Petitioner?

The petitioner in this case is Don McIntire, who challenged the explanatory statement for Ballot Measure 79.

What is ORS 251.205?

ORS 251.205 explains how to create a committee of five citizens to prepare explanatory statements for measures referred by the legislature.

What is ORS 251.215?

ORS 251.215 outlines how to prepare and file explanatory statements, ensuring they are simple and understandable.

What is ORS 251.235?

ORS 251.235 allows the Oregon Supreme Court to review explanatory statements if they are challenged for being unclear or insufficient.

What are Signature Changes?

Signature changes mean increasing the number of signatures needed to propose a constitutional amendment via ballot initiative, as described in Measure 79.

Who Prepares Statements?

A committee of five citizens, as per ORS 251.205, is responsible for preparing explanatory statements for legislative measures.

What is an Explanatory Statement?

An explanatory statement is an impartial, simple, and understandable explanation of a ballot measure. It’s meant to help voters understand what they are voting on.

What is the Court’s Role?

The court reviews whether the explanatory statement is clear and sufficient when someone challenges it.

What is the Judgment Date?

The judgment for this case was decided by the Supreme Court of Oregon on March 23, 2000.