71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 276
 
                           A-Engrossed
 
                         House Bill 2046
                 Ordered by the House January 25
           Including House Amendments dated January 25
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Legislative Counsel
  Committee)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requires person challenging explanatory statement to serve copy
of petition on certain persons.  { + Precludes Supreme Court
review of petition if petition is not timely filed and
served. + }
 
                        A BILL FOR AN ACT
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. + }
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