250.067 Notice
of draft ballot title; written comments; certification of title; correction of
clerical errors; rules.
(1) The Secretary of State, upon receiving a draft ballot title from the
Attorney General under ORS 250.065 or 250.075, shall provide reasonable
statewide notice of having received the draft ballot title and of the public’s
right to submit written comments as provided in this section. Written comments
concerning a draft ballot title may be submitted to the secretary not later
than the 10th business day after the secretary receives the draft title from
the Attorney General. On the next business day after the deadline for
submitting comments, the secretary shall send a copy of all written comments to
the Attorney General. The secretary shall maintain a record of written comments
received.
(2)(a) If written
comments are submitted to the secretary under subsection (1) of this section,
the Attorney General shall consider the comments and certify to the secretary
either the draft ballot title or a revised ballot title not later than the 10th
business day after receiving the comments from the secretary.
(b) If no written
comments are submitted to the secretary, the Attorney General shall certify the
draft ballot title not later than the 21st business day after the secretary
receives the draft title from the Attorney General. If the Attorney General
determines that a draft ballot title described in this paragraph contains a
clerical error, the Attorney General may correct the error before certifying
the corrected draft ballot title to the secretary.
(c) If the
Attorney General determines that a ballot title certified under this subsection
contains a clerical error, the Attorney General may correct the error and
certify to the secretary a corrected ballot title not later than the 10th
business day after the date the ballot title was certified.
(d) The secretary
shall furnish the chief petitioner with a copy of each ballot title certified
under this subsection.
(3) Unless the
Supreme Court certifies a different ballot title, the latest ballot title
certified by the Attorney General under subsection (2) of this section is the
title to be printed in the voters’ pamphlet and on the ballot.
(4) If a petition
is filed with the Supreme Court as provided in ORS 250.085, the Secretary of
State shall file with the Supreme Court a copy of the written comments received
as part of the record on review of the ballot title.
(5) The secretary
by rule shall specify the means for providing reasonable statewide notice for
submitting comments on a draft ballot title.
(6) As used in
this section, “clerical error” means a typographical, arithmetical or
grammatical error or omission that is evident from the text of the draft or
certified ballot title or by comparison of the text of the draft or certified
ballot title with a written explanation that was provided by the Attorney
General and issued concurrently with the draft or certified ballot title. [1985
c.447 §5; 1989 c.503 §5; 2001 c.802 §1; 2005 c.797 §38; 2007 c.159 §1; 2007
c.848 §10; 2017 c.749 §15]
250.070 [Amended by 1957 c.608 §123; 1961
c.121 §6; 1979 c.190 §234; renumbered 254.107]
Notes of Decisions
Cited in
112
cases (
4 in the last 5 years), 1986–2024 · leading case:
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
· cites it 16× “065, ORS 250.067, and ORS 250.075. Furthermore, in ballot title review proceedings under ORS 250.”
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
· cites it 12× “085(6), which provides: "When reviewing a title prepared by the Attorney General, the court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or…”
Rogers v. Roberts, 717 P.2d 620 (Or. 1986).
· cites it 10× “ORS 250.067 provides for comments on the draft title.”
Rooney v. Kulongoski, 902 P.2d 1143 (Or. 1995).
· cites it 4× “ORS 250.067(1), 250.085(2). Petitioners Daniel A.”
Kafoury v. Roberts, 736 P.2d 178 (Or. 1987).
· cites it 8× “Pursuant to ORS 250.067, 1 the Secretary of State sought public comment on the *309 draft ballot title.”
Witt v. Kulongoski, 872 P.2d 14 (Or. 1994).
· cites it 7× “The draft ballot title is delivered to the Secretary of State, who, pursuant to ORS 250.067's mandate to provide "reasonable statewide notice," then publicizes and circulates it to a list of persons deemed to be interested, or potentially interested, in the subject of the…”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996).
· cites it 5× “085(6) directs this court "not [to] consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or removed from the draft title after expiration of the comment period…”
Peppers v. Myers, 942 P.2d 273 (Or. 1997).
· cites it 8× “ORS 250.067(1). Consequently, petitioners are entitled to seek modification of the proposed ballot title in this court.”
Carley/Towers v. Myers, 132 P.3d 651 (Or. 2006).
· cites it 4× “085(6) provides: “When reviewing a title prepared by the Attorney General, the Supreme Court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or…”
Nakamoto v. Kulongoski, 904 P.2d 165 (Or. 1995).
· cites it 4× “085(6) provides: "When reviewing a title prepared by the Attorney General, the court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or removed…”
Reed v. Roberts, 748 P.2d 542 (Or. 1988).
· cites it 2× “Within the time set by ORS 250.067(1), each petitioner submitted written comments upon the draft ballot title.”
Greene v. Kulongoski, 903 P.2d 366 (Or. 1995).
· cites it 2× “Petitioner is an elector who submitted timely written comments about the Attorney General's draft ballot title, pursuant to ORS 250.067(1). Accordingly, petitioner is entitled to seek a different title in this court.”
— Or. Rev. Stat. § 250.067(1) — 92 cases
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
“085(6), which provides: "When reviewing a title prepared by the Attorney General, the court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or…”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996).
“085(6) directs this court "not [to] consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or removed from the draft title after expiration of the comment period…”
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
“065, ORS 250.067, and ORS 250.075. Furthermore, in ballot title review proceedings under ORS 250.”
Greene v. Kulongoski, 903 P.2d 366 (Or. 1995).
“Petitioner is an elector who submitted timely written comments about the Attorney General's draft ballot title, pursuant to ORS 250.067(1). Accordingly, petitioner is entitled to seek a different title in this court.”
— Or. Rev. Stat. § 250.067(2) — 28 cases
Carlson v. Myers, 959 P.2d 31 (Or. 1998).
“065, ORS 250.067, and ORS 250.075. Furthermore, in ballot title review proceedings under ORS 250.”
Mabon v. Myers, 33 P.3d 988 (Or. 2001).
“085(6), which provides: "When reviewing a title prepared by the Attorney General, the court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or…”
Peppers v. Myers, 942 P.2d 273 (Or. 1997).
“ORS 250.067(1). Consequently, petitioners are entitled to seek modification of the proposed ballot title in this court.”
Kafoury v. Roberts, 736 P.2d 178 (Or. 1987).
“Pursuant to ORS 250.067, 1 the Secretary of State sought public comment on the *309 draft ballot title.”
Reed v. Roberts, 748 P.2d 542 (Or. 1988).
“Within the time set by ORS 250.067(1), each petitioner submitted written comments upon the draft ballot title.”
— Or. Rev. Stat. § 250.067(2)(a) — 13 cases
— Or. Rev. Stat. § 250.067(3) — 1 case
— Or. Rev. Stat. § 250.067(4) — 1 case
Rogers v. Roberts, 717 P.2d 620 (Or. 1986).
“ORS 250.067 provides for comments on the draft title.”
— Or. Rev. Stat. § 250.067(5) — 2 cases
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