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Or. Rev. Stat. § 250.075

Preparation of ballot titles by Legislative Assembly

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      250.075 Preparation of ballot titles by Legislative Assembly. (1) When the Legislative Assembly refers a measure to the people, a ballot title for the measure may be prepared by the assembly. The ballot title shall be filed with the Secretary of State when the measure is filed with the Secretary of State.

      (2) If the title is not prepared under subsection (1) of this section, when the measure is filed with the Secretary of State, the secretary shall send one copy of the referred measure to the Attorney General. Not later than the 30th day after the Legislative Assembly adjourns, the Attorney General shall provide a draft ballot title for the measure. The Attorney General shall send a copy of the draft ballot title to each member of the Legislative Assembly, and file with the Secretary of State a copy of the draft ballot title and a certificate of mailing of the draft ballot title to each member. [Formerly 254.073; 1985 c.447 §3; 1995 c.607 §27; 2017 c.749 §17]

 

      250.080 [Amended by 1979 c.190 §242; renumbered 254.185]

Notes of Decisions
Cited in 12 cases, 1981–2015 · leading case: In Re Complaint as to the Conduct of Fadeley
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In Re Complaint as to the Conduct of Fadeley (1990) or · cites it 2× “073 (1975) (renumbered ORS 250.075) (relating to ballot title prepared by the Legislative Assembly).”
Carlson v. Myers (1998) or · cites it 2× “067, and ORS 250.075. Furthermore, in ballot title review proceedings under ORS 250.”
State Ex Rel. Keisling v. Norblad (1993) or · cites it 2× “604, § 3(1) with ORS 250.035. The legislature has provided for its authority to prepare its own ballot title for a measure that it refers to the electorate, pursuant to ORS 250.”
Mannix v. Kulongoski (1996) or · cites it 4× “Therefore, the Attorney General prepared a proposed ballot title pursuant to ORS 250.075 [1] and, after the comment period provided by ORS 250.”
Whitsett v. Kroger (2010) or “Pursuant to ORS 250.075, the Legislative Assembly drafted its own ballot title for the referred measure.”
Hamilton v. Myers (1997) or · cites it 4× “075(2) (providing that, “[i]f the [ballot] title is not prepared under subsection (1) of [ORS 250.075],” the Attorney General shall prepare a ballot title for the referred measure) (emphasis added).”
Glerum v. Roberts (1989) or “ORS 250.075(1). The proposed constitutional amendment, as it will appear on the ballot, is as follows: “Be It Resolved by the Legislative Assembly of the State of Oregon: “PARAGRAPH 1.”
Oregon State Homeowner's Ass'n v. Roberts (1985) or · cites it 2× “ORS 250.075(1). Because it did not do so, the task fell to the Attorney General.”
Ecumenical Ministries v. Paulus (1984) or ““(2) The petition must be filed: “(a) Not later than the 20th day after the title is filed with the Secretary of State; “(b) If the title is provided by the Attorney General or a committee of the Legislative Assembly under ORS 250.075, not later than the 20th day after the…”
Zajonc v. Paulus (1981) or · cites it 2× “1 The legislative assembly referred HJR 1 (1981) to the voters, and filed it with the Secretary of State, who sent it to the Attorney General for preparation of a ballot title as required by ORS 250.075. The resolution, if passed, would amend Section 1 of Article XI-1(2) of the…”
Parks v. Comm'r (2015) “During the years in issue, the financial impact statement was required to be jointly prepared by the Oregon secretary of state, the state treasurer, the director of the Oregon Department of Administrative Services, and the director of the Department of Revenue.”
Coalition against Regressive Taxation v. Roberts (1988) or “ORS 250.075. The ballot title we certify reads as follows: FINANCES INTERCOLLEGIATE ATHLETIC FUND BY INCREASING MALT BEVERAGE, CIGARETTE TAXES QUESTION: Shall taxes on malt beverages (such as beer) and cigarettes be increased in order to finance an Intercollegiate Athletic Fund?…”
— Or. Rev. Stat. § 250.075(1) — 4 cases
State Ex Rel. Keisling v. Norblad (1993) or “604, § 3(1) with ORS 250.035. The legislature has provided for its authority to prepare its own ballot title for a measure that it refers to the electorate, pursuant to ORS 250.”
Glerum v. Roberts (1989) or “ORS 250.075(1). The proposed constitutional amendment, as it will appear on the ballot, is as follows: “Be It Resolved by the Legislative Assembly of the State of Oregon: “PARAGRAPH 1.”
Hamilton v. Myers (1997) or “075(2) (providing that, “[i]f the [ballot] title is not prepared under subsection (1) of [ORS 250.075],” the Attorney General shall prepare a ballot title for the referred measure) (emphasis added).”
Oregon State Homeowner's Ass'n v. Roberts (1985) or “ORS 250.075(1). Because it did not do so, the task fell to the Attorney General.”
— Or. Rev. Stat. § 250.075(2) — 2 cases
Hamilton v. Myers (1997) or “075(2) (providing that, “[i]f the [ballot] title is not prepared under subsection (1) of [ORS 250.075],” the Attorney General shall prepare a ballot title for the referred measure) (emphasis added).”
Oregon State Homeowner's Ass'n v. Roberts (1985) or “ORS 250.075(1). Because it did not do so, the task fell to the Attorney General.”
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