Swanson v. Rosenblum

Petitioner sought review of the Oregon Attorney General’s certified ballot title for Initiative Petition 19 (2018) (IP 19), arguing that the ballot title caption did not satisfy the requirements of ORS 250.035(2)(a). If adopted by voters, IP 19 would prohibit a person from serving as a member of the Legislative Assembly for more than eight years in any period of 12 years. Subject to certain exceptions, IP 19 specifically provided that the measure would apply “retroactively to limit service by any person who is a Representative or Senator upon the effective date of this Act, so that current or prior membership is included in the calculation of years of service.” Petitioner contends that that caption does not comply with ORS 250.035(2)(a); although petitioner acknowledged that the caption informed voters of one major effect of IP 19 (its prohibition on years of service) petitioner contended that it failed to inform voters of another major effect, that the measure applies retroactively, with exceptions. The Oregon Supreme Court agreed that the caption could have been more explicit: the actual impact of the measure on the legislature’s composition was a major effect that must be described in the ballot title’s caption. The Court referred the ballot back to the Attorney General for modification. View "Swanson v. Rosenblum" on Justia Law