Mabon v. Myers

I dissent from the majority’s decision to require the Attorney General to modify the caption of the ballot title certified by the Attorney General.

Two errors of law undermine the majority’s conclusion. The first concerns the majority’s failure to comply with ORS 250.085(6), which provides:

“When reviewing a title prepared by the Attorney General, the court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or removed from the draft title after expiration of the…