McMurdo v. Roberts

This is a ballot title review case. Petitioner timely filed a petition with this court under ORS 250.085(3) for review of a ballot title for a proposed constitutional amendment certified to the defendant Secretary of State by the Attorney General. Defendant has moved to dismiss the petition on the ground that the arguments petitioner now presents were not made by petitioner to defendant during the preliminary stages of the ballot title process. Defendant relies on ORS 250.085(5):

“When reviewing a title prepared by the Attorney General, the court shall not consider arguments concerning the…