Chapter 18 Oregon Laws 2001

AN ACT

HB 2046

Relating to procedures for challenges to explanatory statements; amending ORS 251.235.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 251.235 is amended to read:

251.235. (1) 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 is insufficient or unclear. If the petition is filed and served as required in subsection (2) of this section not later than the fifth day after the deadline for filing a revised statement with the Secretary of State, the court shall review the statement[, hear arguments] and certify an explanatory statement to the Secretary of State. Failure to file and serve the petition within the time prescribed in this subsection precludes Supreme Court review and certification of an explanatory statement. If the court considers the petition, the court may allow oral argument. The review by the Supreme Court shall be conducted expeditiously to [insure] ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors. The statement certified by the court shall be the explanatory statement printed in the voters' pamphlet.

(2) At the time a person petitions the Supreme Court under subsection (1) of this section, the person also shall serve a copy of the petition on:

(a) The Attorney General;

(b) The members of the explanatory statement committee, if the committee filed a statement under ORS 251.215;

(c) The chief petitioners of the state measure, if the measure was initiated or referred by petition; and

(d) The Legislative Counsel, if the measure was referred by the Legislative Assembly or if the explanatory statement prepared by the Legislative Counsel Committee is the explanatory statement for the measure under ORS 251.225.

Approved by the Governor April 4, 2001

Filed in the office of Secretary of State April 4, 2001

Effective date January 1, 2002

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