Bates v. Rosenblum

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Ballot Titles
  • Date Filed: 05-08-2014
  • Case #: S062075
  • Judge(s)/Court Below: Brewer, J. for the Court; En Banc.
  • Full Text Opinion

Under ORS 250.085, the Supreme Court may either refer an errant ballot title to the Attorney General for modification, or correct it, certifying the resulting ballot title to the Secretary of State.

The Court reviewed the wording of Initiative Petition 44, which, if adopted, would impose certain labeling requirements on manufacturers and retailers of genetically engineered foods. Bates sought review before certification of the ballot title, pointing out that the “yes” vote result statement contains a scrivener’s error, namely that it uses the word “shippers” instead of “suppliers.” Rosenblum accepted Bates’ contention and agreed it should be changed. The Court agreed and exercised its authority to “correct an errant ballot title and to certify the resulting ballot title to the Secretary of State.” Ballot title certified as modified.

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