Narrative Opinion Summary
The case involves a judicial review of a ballot title for an initiative measure that seeks to enact a statute prohibiting livestock from inhabiting specific polluted waters and adjacent lands in Oregon. The petitioners, who are eligible electors having submitted timely comments, challenge the Attorney General’s certification of the ballot title as per ORS 250.085. The proposed measure stipulates that a 'yes' vote would enforce restrictions on livestock near polluted waters, while a 'no' vote would maintain the status quo. It allows exemptions by the State Department of Agriculture, legal enforcement by individuals, and offers tax incentives for compliance. The court reviewed the petitioners' arguments concerning the measure's compliance with ORS 250.035(2) and found no substantial reasons to alter the Attorney General’s certification. Consequently, the court upheld the certified ballot title, which will take effect following ORAP 11.30(10). The ruling affirms the statutory procedures governing ballot title certification and reflects the judicial review process in electoral matters.
Legal Issues Addressed
Ballot Title Certification by the Attorney Generalsubscribe to see similar legal issues
Application: The Attorney General's certification of the ballot title for the proposed measure has been scrutinized and upheld by the court.
Reasoning: The Attorney General has certified the ballot title for the proposed measure.
Elector's Right to Review Ballot Title under ORS 250.085subscribe to see similar legal issues
Application: Petitioners, as electors who submitted timely comments, are entitled to initiate a review of the ballot title for the proposed measure.
Reasoning: Petitioners, as electors who submitted timely comments to the Secretary of State, are eligible to pursue this review under ORS 250.085.
Judicial Review Procedures for Ballot Titlessubscribe to see similar legal issues
Application: The court followed specified procedures under ORAP 11.30(10) in determining the effectiveness of the certified ballot title.
Reasoning: Consequently, the ballot title has been certified, with the decision becoming effective as outlined in ORAP 11.30(10).
Statutory Requirements for Ballot Titles under ORS 250.035(2)subscribe to see similar legal issues
Application: The court evaluated the petitioners' arguments regarding the ballot title's compliance with statutory requirements and found no basis for modification.
Reasoning: After reviewing the petitioners' arguments regarding the compliance of the ballot title with ORS 250.035(2), the court found no persuasive reasons to modify the Attorney General's title.