ORS 250.175¹
Preparation of ballot titles for certain county measures
  • correction of clerical errors
  • notice

(1) When a prospective petition for a county measure to be referred is filed with the county clerk, the clerk shall authorize the circulation of the petition containing the title of the measure as enacted by the county governing body or, if there is no title, the title supplied by the petitioner filing the prospective petition. The county clerk immediately shall send one copy of the prospective petition to the district attorney.

(2) Not later than the sixth business day after a prospective petition for a county measure to be initiated is filed with the county clerk, the clerk shall send one copy of it to the district attorney if the measure to be initiated has been determined to be in compliance with section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, as provided in ORS 250.168 (Determination of compliance with constitutional provisions).

(3)(a) Not later than the fifth business day after receiving the copy of the prospective petition, and notwithstanding ORS 203.145 (Appointment of legal counsel for county governing body) (3), the district attorney shall prepare a ballot title for the county measure to be initiated or referred and certify the ballot title to the county clerk.

(b) If the district attorney determines that a ballot title certified under this subsection contains a clerical error, the district attorney may correct the error and certify to the county clerk a corrected ballot title not later than the 10th business day after the date the ballot title was certified.

(c) A copy of the ballot title shall be furnished to the chief petitioner.

(4) Unless the circuit court certifies a different ballot title, the latest ballot title certified by the district attorney under subsection (3) of this section is the title to be printed on the ballot.

(5)(a) The county clerk, upon receiving a ballot title for a county measure to be referred or initiated from the district attorney or the county governing body, shall publish in the next available edition of a newspaper of general circulation in the county a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 250.195 (Procedure for elector dissatisfied with ballot title of county measure).

(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the county clerk may publish a notice on the county’s website for a minimum of seven days.

(6) As used in this section, “clerical error” means a typographical, arithmetical or grammatical error or omission that is evident from the text of the certified ballot title or by comparison of the text of the ballot title with a written explanation that was provided by the district attorney and issued concurrently with the certified ballot title. [1979 c.190 §155; 1983 c.567 §12; 1985 c.808 §26; 1987 c.707 §8; 1991 c.719 §21; 2005 c.797 §41; 2011 c.607 §6; 2013 c.519 §3; 2017 c.749 §18]

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