251.215
Preparation and filing of explanatory statement of measure. (1) Not later than the 99th day
before a special election held on the date of a primary election or any general
election at which any state measure is to be submitted to the people, the
committee appointed under ORS 251.205 shall prepare and electronically file
with the Secretary of State, an impartial, simple and understandable statement
explaining the measure. The statement shall not exceed 500 words.
(2) Not later
than the 95th day before the election, the Secretary of State shall hold a
hearing in Salem upon reasonable statewide notice to receive suggested changes
or other information relating to any explanatory statement. At the hearing any
person may submit suggested changes or other information orally or in writing.
Written suggestions or other information also may be submitted at any time
before the hearing.
(3) The committee
for each measure shall consider suggestions and any other information submitted
under subsection (2) of this section, and may file a revised statement with the
Secretary of State not later than the 90th day before the election.
(4) The original
statement and any revised statement must be approved by at least three members
of the committee. If a member does not concur, the statement shall show only
that the member dissents.
(5) For purposes
of this section, “measure” includes an initiative petition relating to a state
measure that has been filed with the Secretary of State for the purpose of
verifying signatures under ORS 250.105. The requirements of this section shall
not apply to the petition if the secretary determines that the petition
contains less than the required number of signatures of electors. [Formerly
254.222; 1991 c.719 §49; 1993 c.493 §20; 1993 c.811 §14; 1995 c.712 §42; 2001
c.965 §10; 2011 c.646 §5]
Notes of Decisions
Cited in
26
cases (
2 in the last 5 years), 1980–2025 · leading case:
Sizemore v. Myers
Sizemore v. Myers (1998)
or · cites it 50×
“205; ORS 251.215(1). Petitioner dissented from that statement.”
Deras v. Myers (1998)
or · cites it 20×
“205 (requiring selection of committee of five citizens to prepare explanatory statement for measures proposed by initiative or referendum); ORS 251.215 (setting out procedures for preparing and filing explanatory statement).”
Conkling v. Keisling (1993)
or · cites it 16×
“ORS 251.215 does not require the Secretary of State to defend a Voters' Pamphlet explanatory statement prepared by a citizens' committee.”
Homuth v. Keisling (1992)
or · cites it 8×
“205(1) provides: “Not later than the 120th day before a special election held on the date of a primary election or any general election at which a state measure is to be submitted to the people, a committee of five citizens shall be selected for each measure to prepare the…”
State v. Wagner (1988)
or · cites it 2×
“" Pursuant to former ORS 251.215, a committee was appointed to provide an "impartial" explanation of the measure.”
Knopp v. Griffin-Valade (2024)
or · cites it 4×
“ORS 251.215(1). The explanatory state- ment is approved by a committee of five members: two pro- ponents of the measure, two opponents of the measure, and a fifth member chosen either by the four other members or by the Secretary of State.”
June v. Roberts (1990)
or · cites it 5×
“235: “Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215[(2)], may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court is…”
Lewis v. Keisling (1994)
or · cites it 9×
“The other respondents make up the committee that, pursuant to ORS 251.215, prepared the Explanatory Statement.”
MacAfee v. Paulus (1980)
or · cites it 6×
“235 provides for review of explanatory statements by this court in these terms: "Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215, may petition the Supreme Court seeking a different…”
Sollis v. Hand (1990)
or · cites it 5×
“ORS 251.215(1). A dissatisfied person who seeks a different statement from the Supreme Court must state “the reasons the statement filed with the court is insufficient or unclear.”
Teledyne Industries, Inc. v. Paulus (1984)
or · cites it 3×
“235 provides: “Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215, may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court…”
Teledyne Wah Chang Albany v. Powell (1986)
or · cites it 3×
“ORS 251.215. The explanatory statement procedures thus differ markedly from the procedures devised for providing a ballot title.”
— Or. Rev. Stat. § 251.215(1) — 20 cases
Sizemore v. Myers (1998)
or
“205; ORS 251.215(1). Petitioner dissented from that statement.”
Conkling v. Keisling (1993)
or
“ORS 251.215 does not require the Secretary of State to defend a Voters' Pamphlet explanatory statement prepared by a citizens' committee.”
Deras v. Myers (1998)
or
“205 (requiring selection of committee of five citizens to prepare explanatory statement for measures proposed by initiative or referendum); ORS 251.215 (setting out procedures for preparing and filing explanatory statement).”
Sollis v. Hand (1990)
or
“ORS 251.215(1). A dissatisfied person who seeks a different statement from the Supreme Court must state “the reasons the statement filed with the court is insufficient or unclear.”
Homuth v. Keisling (1992)
or
“205(1) provides: “Not later than the 120th day before a special election held on the date of a primary election or any general election at which a state measure is to be submitted to the people, a committee of five citizens shall be selected for each measure to prepare the…”
— Or. Rev. Stat. § 251.215(2) — 10 cases
June v. Roberts (1990)
or
“235: “Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215[(2)], may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court is…”
Sizemore v. Myers (1998)
or
“205; ORS 251.215(1). Petitioner dissented from that statement.”
Knopp v. Griffin-Valade (2024)
or
“ORS 251.215(1). The explanatory state- ment is approved by a committee of five members: two pro- ponents of the measure, two opponents of the measure, and a fifth member chosen either by the four other members or by the Secretary of State.”
Deras v. Myers (1998)
or
“205 (requiring selection of committee of five citizens to prepare explanatory statement for measures proposed by initiative or referendum); ORS 251.215 (setting out procedures for preparing and filing explanatory statement).”
Homuth v. Keisling (1992)
or
“205(1) provides: “Not later than the 120th day before a special election held on the date of a primary election or any general election at which a state measure is to be submitted to the people, a committee of five citizens shall be selected for each measure to prepare the…”
— Or. Rev. Stat. § 251.215(3) — 3 cases
Deras v. Myers (1998)
or
“205 (requiring selection of committee of five citizens to prepare explanatory statement for measures proposed by initiative or referendum); ORS 251.215 (setting out procedures for preparing and filing explanatory statement).”
June v. Roberts (1990)
or
“235: “Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215[(2)], may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court is…”
MacAfee v. Paulus (1980)
or
“235 provides for review of explanatory statements by this court in these terms: "Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 251.215, may petition the Supreme Court seeking a different…”
— Or. Rev. Stat. § 251.215(4) — 3 cases
Knopp v. Griffin-Valade (2024)
or
“ORS 251.215(1). The explanatory state- ment is approved by a committee of five members: two pro- ponents of the measure, two opponents of the measure, and a fifth member chosen either by the four other members or by the Secretary of State.”
Deras v. Myers (1998)
or
“205 (requiring selection of committee of five citizens to prepare explanatory statement for measures proposed by initiative or referendum); ORS 251.215 (setting out procedures for preparing and filing explanatory statement).”
Lewis v. Keisling (1994)
or
“The other respondents make up the committee that, pursuant to ORS 251.215, prepared the Explanatory Statement.”
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