250.035 Form
of ballot titles for state and local measures. (1) The ballot title of any
measure, other than a state measure, to be initiated or referred shall consist
of:
(a) A caption of
not more than 10 words which reasonably identifies the subject of the measure;
(b) A question of
not more than 20 words which plainly phrases the chief purpose of the measure
so that an affirmative response to the question corresponds to an affirmative
vote on the measure; and
(c) A concise and
impartial statement of not more than 175 words summarizing the measure and its
major effect.
(2) The ballot
title of any state measure to be initiated or referred shall consist of:
(a) A caption of
not more than 15 words that reasonably identifies the subject matter of the
state measure. The caption of an initiative or referendum amendment to the
Constitution shall begin with the phrase, “Amends Constitution,” which shall
not be counted for purposes of the 15-word caption limit;
(b) A simple and
understandable statement of not more than 25 words that describes the result if
the state measure is approved. The statement required by this paragraph shall
include either the phrase, “I vote” or “vote yes,” or a substantially similar
phrase, which may be placed at any point within the statement;
(c) A simple and
understandable statement of not more than 25 words that describes the result if
the state measure is rejected. The statement required by this paragraph shall
not describe existing statutory or constitutional provisions in a way that would
lead an average elector to believe incorrectly that one of those provisions
would be repealed by approval of the state measure, if approval would not have
that result. Any thing or action described both in the statement required by
paragraph (b) of this subsection and in the statement required by this
paragraph shall be described using the same terms in both statements, to the
extent practical. Any different terms must be terms that an average elector
would understand to refer to the same thing or action. The statement shall
include either the phrase, “I vote” or “vote no,” or a substantially similar
phrase, which may be placed at any point within the statement; and
(d) A concise and
impartial statement of not more than 125 words summarizing the state measure
and its major effect.
(3) The
statements required by subsection (2)(b) and (c) of this section shall be
written so that, to the extent practicable, the language of the two statements
is parallel.
(4) The statement
required by subsection (2)(b) of this section shall be written so that an
affirmative response to the statement corresponds to an affirmative vote on the
state measure.
(5) The statement
required by subsection (2)(c) of this section shall be written so that an
affirmative response to the statement corresponds to a negative vote on the
state measure.
(6) In the
statements required by subsection (2)(b), (c) and (d) of this section,
reasonable discretion shall be allowed in the use of articles and conjunctions,
but the statements shall not omit articles and conjunctions that are necessary
to avoid confusion to or misunderstanding by an average elector. [1979 c.190 §143;
1979 c.675 §1; 1985 c.405 §1; 1987 c.556 §1; 1987 c.875 §1; 1995 c.534 §1; 1997
c.541 §312; 1999 c.793 §1; 2001 c.104 §78; 2009 c.566 §3]
Notes of Decisions
Cited in
524
cases (
18 in the last 5 years), 1980–2026 · leading case:
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
· cites it 171× “We review the Attorney General's certified ballot titles for substantial compliance with the requirements of ORS 250.035. ORS 250.085(5). Petitioner challenges the caption, result statements, and summary of each of the five certified ballot titles, arguing that the ballot titles…”
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
· cites it 91× “085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Novick/Crew v. Myers, 100 P.3d 1064 (Or. 2004).
· cites it 33× “We review the Attorney General's ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2). ORS 250.085(5). NOVICK PETITION Petitioner Novick asserts that the Attorney General's "yes" vote result statement fails to describe the result if…”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996).
· cites it 76× “085(5), we review the Attorney General's certified ballot title for substantial compliance with the requirements of ORS 250.035. We address each segment of the ballot title separately.”
Sizemore v. Kulongoski, 905 P.2d 1146 (Or. 1995).
· cites it 35× “We review the Attorney General's ballot title for substantial compliance with ORS 250.035. ORS 250.085(5); see, e.g., Hand v.”
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
· cites it 22× “Measure requires citizens, `in humility and obedience to Nature's God,' *990 to `protect' from `mortal harm' all `innocent Human Life,' [']acknowledging,' `protecting' `Human Person' from fertilization until `natural death.”
Greene v. Kulongoski, 903 P.2d 366 (Or. 1995).
· cites it 20× “" Petitioner argues that the Attorney General's certified ballot title does not comply substantially with ORS 250.035 or former 250.039. [1] She contends that the caption *369 fails to identify reasonably the subject of the measure, that the question fails to state clearly the…”
Baker v. Keisling, 822 P.2d 1162 (Or. 1991).
· cites it 34× “State may not recognize this conduct under "sexual orientation" or "sexual preference" labels, or through "quotas, minority status, affirmative action, or similar concepts.”
Nelson v. Roberts, 789 P.2d 650 (Or. 1990).
· cites it 24× “Fund distributes 60% to state, 40% to counties, for smoking-related and general health programs.”
Flanagan v. Myers, 30 P.3d 408 (Or. 2001).
· cites it 13× “We review the Attorney General’s certified ballot titles to determine whether they “substantial[ly] complfy] with the requirements of ORS 250.035.” See ORS 250.085(5) (stating that standard).”
Phillips v. Myers, 936 P.2d 964 (Or. 1997).
· cites it 18× “085(5), we review that title for substantial compliance with the requirements of ORS 250.035. CAPTION ORS 250.035(2)(a) requires a "caption of not more than 10 words that reasonably identifies the subject matter of the state measure.”
Nesbitt v. Myers, 71 P.3d 530 (Or. 2003).
· cites it 14× “, we review to “determine whether the modified ballot title substantially complies with the requirements of ORS 250.035.” ORS 250.085(9). Petitioners assert that the Attorney General’s modified ballot title in this case fails that test with respect to each of the ballot title’s…”
— Or. Rev. Stat. § 250.035(1) — 52 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Nelson v. Roberts, 789 P.2d 650 (Or. 1990).
“Fund distributes 60% to state, 40% to counties, for smoking-related and general health programs.”
Baker v. Keisling, 822 P.2d 1162 (Or. 1991).
“State may not recognize this conduct under "sexual orientation" or "sexual preference" labels, or through "quotas, minority status, affirmative action, or similar concepts.”
Greene v. Kulongoski, 903 P.2d 366 (Or. 1995).
“" Petitioner argues that the Attorney General's certified ballot title does not comply substantially with ORS 250.035 or former 250.039. [1] She contends that the caption *369 fails to identify reasonably the subject of the measure, that the question fails to state clearly the…”
— Or. Rev. Stat. § 250.035(1)(a) — 31 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Baker v. Keisling, 822 P.2d 1162 (Or. 1991).
“State may not recognize this conduct under "sexual orientation" or "sexual preference" labels, or through "quotas, minority status, affirmative action, or similar concepts.”
— Or. Rev. Stat. § 250.035(1)(b) — 28 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Baker v. Keisling, 822 P.2d 1162 (Or. 1991).
“State may not recognize this conduct under "sexual orientation" or "sexual preference" labels, or through "quotas, minority status, affirmative action, or similar concepts.”
Greene v. Kulongoski, 903 P.2d 366 (Or. 1995).
“" Petitioner argues that the Attorney General's certified ballot title does not comply substantially with ORS 250.035 or former 250.039. [1] She contends that the caption *369 fails to identify reasonably the subject of the measure, that the question fails to state clearly the…”
— Or. Rev. Stat. § 250.035(1)(c) — 28 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Nelson v. Roberts, 789 P.2d 650 (Or. 1990).
“Fund distributes 60% to state, 40% to counties, for smoking-related and general health programs.”
— Or. Rev. Stat. § 250.035(1)(e) — 1 case
— Or. Rev. Stat. § 250.035(1997) — 1 case
— Or. Rev. Stat. § 250.035(2) — 245 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
“We review the Attorney General's certified ballot titles for substantial compliance with the requirements of ORS 250.035. ORS 250.085(5). Petitioner challenges the caption, result statements, and summary of each of the five certified ballot titles, arguing that the ballot titles…”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996).
“085(5), we review the Attorney General's certified ballot title for substantial compliance with the requirements of ORS 250.035. We address each segment of the ballot title separately.”
Novick/Crew v. Myers, 100 P.3d 1064 (Or. 2004).
“We review the Attorney General's ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2). ORS 250.085(5). NOVICK PETITION Petitioner Novick asserts that the Attorney General's "yes" vote result statement fails to describe the result if…”
— Or. Rev. Stat. § 250.035(2)(a) — 223 cases
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
“Measure requires citizens, `in humility and obedience to Nature's God,' *990 to `protect' from `mortal harm' all `innocent Human Life,' [']acknowledging,' `protecting' `Human Person' from fertilization until `natural death.”
Novick/Crew v. Myers, 100 P.3d 1064 (Or. 2004).
“We review the Attorney General's ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2). ORS 250.085(5). NOVICK PETITION Petitioner Novick asserts that the Attorney General's "yes" vote result statement fails to describe the result if…”
— Or. Rev. Stat. § 250.035(2)(b) — 140 cases
Novick/Crew v. Myers, 100 P.3d 1064 (Or. 2004).
“We review the Attorney General's ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2). ORS 250.085(5). NOVICK PETITION Petitioner Novick asserts that the Attorney General's "yes" vote result statement fails to describe the result if…”
Sizemore v. Kulongoski, 905 P.2d 1146 (Or. 1995).
“We review the Attorney General's ballot title for substantial compliance with ORS 250.035. ORS 250.085(5); see, e.g., Hand v.”
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
“Measure requires citizens, `in humility and obedience to Nature's God,' *990 to `protect' from `mortal harm' all `innocent Human Life,' [']acknowledging,' `protecting' `Human Person' from fertilization until `natural death.”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996).
“085(5), we review the Attorney General's certified ballot title for substantial compliance with the requirements of ORS 250.035. We address each segment of the ballot title separately.”
— Or. Rev. Stat. § 250.035(2)(c) — 68 cases
Sizemore v. Kulongoski, 905 P.2d 1146 (Or. 1995).
“We review the Attorney General's ballot title for substantial compliance with ORS 250.035. ORS 250.085(5); see, e.g., Hand v.”
Nesbitt v. Myers, 71 P.3d 530 (Or. 2003).
“, we review to “determine whether the modified ballot title substantially complies with the requirements of ORS 250.035.” ORS 250.085(9). Petitioners assert that the Attorney General’s modified ballot title in this case fails that test with respect to each of the ballot title’s…”
Novick/Crew v. Myers, 100 P.3d 1064 (Or. 2004).
“We review the Attorney General's ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2). ORS 250.085(5). NOVICK PETITION Petitioner Novick asserts that the Attorney General's "yes" vote result statement fails to describe the result if…”
— Or. Rev. Stat. § 250.035(2)(d) — 148 cases
Novick/Crew v. Myers, 100 P.3d 1064 (Or. 2004).
“We review the Attorney General's ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2). ORS 250.085(5). NOVICK PETITION Petitioner Novick asserts that the Attorney General's "yes" vote result statement fails to describe the result if…”
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
“Measure requires citizens, `in humility and obedience to Nature's God,' *990 to `protect' from `mortal harm' all `innocent Human Life,' [']acknowledging,' `protecting' `Human Person' from fertilization until `natural death.”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996).
“085(5), we review the Attorney General's certified ballot title for substantial compliance with the requirements of ORS 250.035. We address each segment of the ballot title separately.”
— Or. Rev. Stat. § 250.035(2)(á) — 1 case
— Or. Rev. Stat. § 250.035(3) — 24 cases
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
“We review the Attorney General's certified ballot titles for substantial compliance with the requirements of ORS 250.035. ORS 250.085(5). Petitioner challenges the caption, result statements, and summary of each of the five certified ballot titles, arguing that the ballot titles…”
Sizemore v. Kulongoski, 905 P.2d 1146 (Or. 1995).
“We review the Attorney General's ballot title for substantial compliance with ORS 250.035. ORS 250.085(5); see, e.g., Hand v.”
Novick/Crew v. Myers, 100 P.3d 1064 (Or. 2004).
“We review the Attorney General's ballot title to determine whether it substantially complies with the requirements of ORS 250.035(2). ORS 250.085(5). NOVICK PETITION Petitioner Novick asserts that the Attorney General's "yes" vote result statement fails to describe the result if…”
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
“Measure requires citizens, `in humility and obedience to Nature's God,' *990 to `protect' from `mortal harm' all `innocent Human Life,' [']acknowledging,' `protecting' `Human Person' from fertilization until `natural death.”
— Or. Rev. Stat. § 250.035(3)(1997) — 1 case
— Or. Rev. Stat. § 250.035(4) — 4 cases
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
“We review the Attorney General's certified ballot titles for substantial compliance with the requirements of ORS 250.035. ORS 250.085(5). Petitioner challenges the caption, result statements, and summary of each of the five certified ballot titles, arguing that the ballot titles…”
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
“Measure requires citizens, `in humility and obedience to Nature's God,' *990 to `protect' from `mortal harm' all `innocent Human Life,' [']acknowledging,' `protecting' `Human Person' from fertilization until `natural death.”
— Or. Rev. Stat. § 250.035(6) — 12 cases
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
“We review the Attorney General's certified ballot titles for substantial compliance with the requirements of ORS 250.035. ORS 250.085(5). Petitioner challenges the caption, result statements, and summary of each of the five certified ballot titles, arguing that the ballot titles…”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996).
“085(5), we review the Attorney General's certified ballot title for substantial compliance with the requirements of ORS 250.035. We address each segment of the ballot title separately.”
— Or. Rev. Stat. § 250.035(a) — 3 cases
— Or. Rev. Stat. § 250.035(b) — 2 cases
— Or. Rev. Stat. § 250.035(c) — 1 case
— Or. Rev. Stat. § 250.035(l)(a) — 35 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Baker v. Keisling, 822 P.2d 1162 (Or. 1991).
“State may not recognize this conduct under "sexual orientation" or "sexual preference" labels, or through "quotas, minority status, affirmative action, or similar concepts.”
Sizemore v. Kulongoski, 905 P.2d 1146 (Or. 1995).
“We review the Attorney General's ballot title for substantial compliance with ORS 250.035. ORS 250.085(5); see, e.g., Hand v.”
— Or. Rev. Stat. § 250.035(l)(b) — 32 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Baker v. Keisling, 822 P.2d 1162 (Or. 1991).
“State may not recognize this conduct under "sexual orientation" or "sexual preference" labels, or through "quotas, minority status, affirmative action, or similar concepts.”
— Or. Rev. Stat. § 250.035(l)(c) — 35 cases
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
“085(5), [4] is to determine whether the Attorney General's decision to certify a particular ballot title for a particular proposed measure constitutes "substantial compliance with the requirements of ORS 250.”
Baker v. Keisling, 822 P.2d 1162 (Or. 1991).
“State may not recognize this conduct under "sexual orientation" or "sexual preference" labels, or through "quotas, minority status, affirmative action, or similar concepts.”
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treatment. Dots show Syfertize treatment of the citing case itself.