ORS 250.131¹
Court review of procedures under which estimates and statements of financial impact of state measure were prepared

(1) Any person alleging that an estimate or statement described in ORS 250.125 (Estimate of financial impact of state measures) was prepared, filed or certified in violation of the procedures specified in ORS 250.125 (Estimate of financial impact of state measures) or 250.127 (Preparation and filing of estimates and statements of financial impact of state measure) may petition the Supreme Court seeking that the required procedures be followed and stating the reasons the estimate or statement filed with the court does not satisfy the required procedures. A petition is not allowed concerning the contents of the estimate or statement or whether an estimate or statement should be prepared.

(2) If the petition is filed not later than the 85th day before the election at which the measure is to be voted upon, the court shall review the procedures under which the estimate or statement was prepared, filed and certified, hear arguments and determine whether the procedures required under ORS 250.125 (Estimate of financial impact of state measures) and 250.127 (Preparation and filing of estimates and statements of financial impact of state measure) were satisfied. The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors.

(3) If the court determines that the procedures described in ORS 250.125 (Estimate of financial impact of state measures) and 250.127 (Preparation and filing of estimates and statements of financial impact of state measure) were not satisfied, the court shall order the preparation of a second estimate or statement, to be prepared, filed and certified as provided in ORS 250.125 (Estimate of financial impact of state measures) and 250.127 (Preparation and filing of estimates and statements of financial impact of state measure) except that:

(a) The financial estimate committee created under ORS 250.125 (Estimate of financial impact of state measures) shall prepare and file with the Secretary of State an estimate or statement not later than two days following the decision of the court;

(b) A hearing shall be held within two days after the estimate or statement is filed; and

(c) An estimate or statement shall be certified not later than seven days after the decision of the court. The procedures under which the second estimate or statement is filed and certified may not be appealed. [1991 c.971 §4; 2005 c.633 §3]

Notes of Decisions

This sec­tion authorizes Supreme Court to review pro­ce­dures used to prepare estimate of financial impact of statewide ballot measure, not amount or correctness of estimate. Marbet v. Keisling, 314 Or 223, 838 P2d 580 (1992)

Chapter 250

Notes of Decisions

Initiative measure filed in elec­tion cycle must satisfy all statutory and constitu­tional require­ments and be placed on ballot in that elec­tion cycle; if proponents wish to put measure on ballot at an­oth­er elec­tion, they must start initiative process over during next elec­tion cycle. Unger v. Rosenblum, 362 Or 210, 407 P3d 817 (2017)

Law Review Cita­tions

27 WLR 132 (1991); 75 OLR 561 (1996)

1 Legislative Counsel Committee, CHAPTER 250—Initiative and Referendum, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors250.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 250, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano250.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information