Ascher v. KULONGOSKI (ELECTIONS DIV. 46)

After my dissenting opinion in Rooney v. Kulongoski (Elections Division #13), 322 Or 15, 55, 902 P2d 1143 (1995), I have filed dissenting opinions in all subsequent cases in which this court has drafted and certified a ballot title that is different from the one prepared by the Attorney General. In each of those opinions, I have said:

“[T]o the extent that ORS 250.085(5) gives this court jurisdiction to draft and certify a ballot title for a proposed initiative measure that is different from the one certified by the Attorney General, that statute violates the principle of separation of powers…