Schoenheit v. Rosenblum

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Ballot Titles
  • Date Filed: 03-05-2015
  • Case #: S062787
  • Judge(s)/Court Below: Landau, J. for the Court; En Banc.
  • Full Text Opinion

Under ORS 250.035, a certified ballot title must sufficiently notify voters and petition signers of the title’s potential impact.

Schoenheit and Unger (petitioners) sought review of a ballot title for Initiative Petition 8, which would alter the authority of metropolitan service districts in Oregon, arguing that the ballot title “yes” and “no” vote results statement is deficient because it is underinclusive in that it omitted any reference to the planning authority regarding air and water quality. This ballot would eliminate the authority of metropolitan service districts to engage in land use, urban growth, air and water quality, and transportation planning. The Court agreed with petitioners, noting that the elimination of air and water quality planning functions was a major effect of the initiative petition and should have been included in the “yes” and “no” vote results statement. Ballot title referred to the Attorney General for modification.

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