ORS 250.168¹
Determination of compliance with constitutional provisions
  • notice
  • appeal

(1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the county clerk shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution.

(2) If the county clerk determines that the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the clerk shall proceed as required in ORS 250.175 (Preparation of ballot titles for certain county measures). The clerk shall include in the publication required under ORS 250.175 (Preparation of ballot titles for certain county measures) (5) a statement that the initiative measure has been determined to meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution.

(3) If the county clerk determines that the initiative measure does not meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the clerk shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the determination.

(4) Any elector dissatisfied with a determination of the county clerk under subsection (1) of this section may petition the circuit court of the judicial district in which the county is located seeking to overturn the determination of the clerk. If the elector is dissatisfied with a determination that the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the clerk. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the petition must be filed not later than the seventh business day after the written determination is made by the clerk.

(5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §34; 2005 c.797 §40]

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