State Democracy Research Initiative
University of Wisconsin Law School

OREGON

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Oregon has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. Oregon is distinctive in its use of citizen juries to create public education materials about selected voter initiatives. This gives members of the public the opportunity to participate in the process beyond simply voting in the election. Aside from the use of citizen juries (for initiatives only), there are only slight differences in processes for ballot measures initiated by voter petition and those for legislatively referred amendments. Judicial review is available at multiple points throughout the process and may be initiated by any interested person.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Oregon

Oregon has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.

√ Initiatives – Statutory

√ Initiatives – Constitutional

The people of Oregon have reserved the initiative power to propose and enact laws and/or amendments to the state constitution independently of the legislature. Or. Const. art. IV, § 1(2)(a).

√ Veto Referendums

Oregonians also have the referendum power to approve or reject any act, or part thereof, of the Legislative Assembly. Or. Const. art. IV, § 1(3)(a).

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Oregon voters. Or. Const. art. XVII, § 1.

Election Timing

Ballot measures in Oregon are submitted at a general election, unless the legislature orders otherwise.

  • Elections on initiatives and veto referendums “shall be held at the regular general elections, unless otherwise ordered by the Legislative Assembly.” Const. art. IV, § 1(4)(c).
  • Elections for legislatively referred amendments occur after an amendment is approved by the majority of the members of each legislative house, “at the next regular general election, except when the legislative assembly shall order a special election for that purpose.” Const. art. XVII, § 1.

Special elections for statewide ballot measures have been rare in recent history.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a statewide ballot measure in Oregon must display the following.

  • Ballot title: including a caption, statements of election effects, and impartial summary. Or. Rev. Stat. §250.035(2).
    • A brief caption that reasonably identifies the subject matter (15 words or less).
    • Two simple, understandable statements describe the result if the measure is approved and the result if the measure is rejected (25 words or less, each).
    • A concise, impartial summary summarizes the measure and its major effect (125 words or less).
    • For initiatives and veto referendums, the title is drafted before the measure qualifies for the ballot. After a prospective petition is filed, the Attorney General creates a draft title, which the public then has the right to comment on. The Attorney General is to consider the public comments and may revise the draft title. Rev. Stat. §§ 250.065(3)-(4), 250.067(2)(a).
    • For legislatively referred amendments, the title may be drafted by the legislature. (But, if a title is not prepared by the legislature, the Attorney General must provide one.) See § 250.075.
  • Financial estimate.
    • For measures involving expenditures or revenues, a financial estimate is prepared by the Financial Estimate Committee (composed of Secretary of State, State Treasurer, Director of the Department of Revenue, Director of the Department of Administrative Services, and a local government representative). See Rev. Stat. § 250.125(1), (10). The Committee must also consult with the Legislative Revenue Officer, who must prepare an estimate of any indirect fiscal effects. Id. sub. (4). The estimate must be impartial, simple, and understandable. Id. sub. (5). A public hearing is held, and proposed changes or other information may be submitted by any member of the public. See id. § 250.127.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

The Secretary of State may supplement the special or general election voters’ pamphlet (discussed below) by arranging for radio or television broadcasts during the 4 weeks immediately preceding the election. Or. Rev. Stat. § 251.295.

In addition, notice must be provided for the public comment period for ballot titles, and for public hearings pertaining to financial estimates and other voter education materials. E.g., Or. Rev. Stat. §§ 250.067(1), 250.127(2), 251.215(2).

Voter Information Pamphlet

The Secretary of State compiles and mails a voter information pamphlet to each post office mailing address in Oregon at least 20 days before the election. The Secretary of State “shall use any additional means of distribution necessary to make the pamphlet available to electors.” Or. Rev. Stat. § 251.175. The pamphlet must contain the following information and cannot contain obscene language or incite or advocate hatred, abuse, or violence toward any person. Id. § 251.055(1).

  • Copy of ballot title (including caption, yes/no vote statements, and summary, as described above). § 251.185(1).
  • Full text of each measure. § 251.185(1).
  • Financial estimate and statement (if applicable). § 251.185(1)(b).
    • If the Financial Estimate Committee deems necessary, it may prepare a summary explaining the financial effects of the measure (500 words or less). § 250.125(8). This statement appears in the pamphlet along with the financial estimate. (Only the estimate appears on the ballot.) Id.
  • Explanatory statement that is impartial, simple, and understandable (500 words or less). §§ 251.185(1)(e), 251.215.
    • The statement is prepared by a committee of five people. Two are selected by the measure’s proponents, and two are selected by the Secretary of State from the opponents, if any. The fifth is selected by the other four members. At least three members must approve the explanatory statement. §§ 251.205, 251.215.
    • When a statement is drafted, a public hearing is held, and the public can submit suggested changes or other information. The committee may revise its statement. § 251.215.
    • If the committee does not approve a statement, a statement prepared by the Legislative Council Committee is used instead. § 251.225.
  • Arguments relating to the measure filed with the Secretary of State. § 251.255.
    • Within a specified time period, any person may file arguments supporting or opposing a measure if they submit either (1) a filing fee of $1,200 or (2) a petition containing the signatures of 500 active electors. For the latter option, each elector who signs the petition must “subscribe to a statement that the person has read and agrees with the argument.” Id.
    • For proposals referred by the legislature, the legislature may submit its own argument in favor, which is prepared by an appointed group of legislators. § 251.245.
  • Any racial and ethnic impact statement prepared under Oregon Revised Statue 137.685, which provides for bipartisan requests for the Oregon Criminal Justice Commission to prepare a statement describing the racial impact of a measure related to crime and likely to have an effect on the criminal justice system. Id. § 251.185(1)(e).
  • For select initiatives, additional information prepared by a Citizen Review Panel comprised of 18-24 randomly selected electors. Or. Rev. Stat. §§ 251.185(1)(f), 250.139(4)(a).
    • The demographic makeup of each panel must, to the extent possible, fairly reflect the Oregon electorate (e.g., with respect to location, party, voting history, and age; can also consider gender, ethnicity, and other criteria). See id. 250.139(b)-(c).
    • Each panel conducts public hearings, then prepares the following statements (no more than 250 words each):
      • Statement in favor of measure.
      • Statement opposed to measure.
      • Statement that “no panelist took this position,” if the panel is unanimous in either supporting or opposing a measure.
      • Statement of panel’s key findings, summarized in an impartial manner (which may include a tally of how many panelists agreed with key findings).
      • Statement of additional policy considerations describing the subject matter of, or any fiscal considerations related to, the measure (must be supported by at least ¾ of the panelists).

See id. §§ 250.139, 250.141.

JUDICIAL REVIEW

When and how can the court step in?

Judicial review by the Oregon Supreme Court is available at multiple points throughout the direct democracy process.

  • Ballot titles.
    • Any voter dissatisfied with a ballot title—whether it is drafted by the legislature or the Attorney General—“may petition the [Oregon] Supreme Court seeking a different title.” Rev. Stat. § 250.085(1)-(2). When examining whether a title meets the requirements detailed above, the court applies a substantial compliance standard. Id. sub. (5).
  • Financial estimates.
    • If the correct process for creating a financial estimate is not complied with, any person may file a petition seeking that the required procedures be followed. § 250.131. However, the petition may not challenge an estimate’s contents or whether an estimate should be prepared. Id.
  • Voter information pamphlets.
    • As noted above, explanatory statements about each measure are drafted for the voter information pamphlet by a committee following a public hearing. If suggested changes are offered at the public hearing, any person dissatisfied with the explanatory statement may petition the Oregon Supreme Court seeking a different statement and stating the reasons why the proposed statement is insufficient or unclear. § 251.235.

Sample case: Markley v. Rosenblum, 413 P.3d 966 (Or. 2018) (holding ballot title was deficient with respect to its caption, statements explaining effect of “yes” and “no” votes, and summary, referring certified ballot title to the Attorney General for modification).