Opinion

Witt v. Kulongoski

  • 319 Or. 7
  • 872 P.2d 14
  • 1994 Ore. LEXIS 35
Court
Oregon Supreme Court
Filed
May 3, 1994
Status
Published
Author
Durham
On the bench
Carson, Gillette, Van Hoomissen, Fadeley, Unis, Durham
Cited by
14 cases

omitting the word “clearcutting” from ballot title when proposed initiative used term in “a very different and uncommon” way from that in which it ordinarily would be understood

How later courts described this case

  • omitting the word “clearcutting” from ballot title when proposed initiative used term in “a very different and uncommon” way from that in which it ordinarily would be understood
  • illustrating this court’s application of the foregoing principle in modifying an under-inclusive and, therefore, inadequate ballot title caption
  • court omitted the word “clearcutting” from ballot title when proposed initiative used it in “a very different and uncommon” way from that in which it ordinarily would be understood
  • court modified caption using the term "clearcutting," when the proposed measure gave that term "a very different and uncommon meaning," but the caption did not so notify voters

Written by the judges who cited it.

The opinion

DURHAM, J.,

dissenting.

I believe that the ballot title certified to the Secretary of State by the Attorney General substantially complied with the requirements of ORS 250.035 and ORS 250.039.1 therefore also would have certified that ballot title, ORS 250.085(5), and respectfully dissent from the majority’s contrary conclusion.

Unis, J., joins in this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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