Ascher v. KULONGOSKI (ELECTIONS DIV. 47)

I respectfully dissent on two grounds. First, I dissent for the reasons expressed in Sizemore v. Kulongoski, 322 Or 229, 239, 905 P2d 1146 (Unis, J., dissenting), recon allowed 322 Or 387, 908 P2d 825 (1995). In that decision, I stated:

“[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 embodied in Article III, section 1, of the Oregon Constitution.” Id.

I continue to adhere to that…