Legal Opinion · Dissent

Mabon v. Kulongoski

Oregon Supreme Court

Decided March 27, 1997No. SC S43563Published

1DissentDurham, J.

In my opinion, the Attorney General’s certified ballot title substantially complies with all applicable legal requirements. ORS 250.085(5). Accordingly, this court should certify it.

A proceeding to review the Attorney General’s ballot title is not an occasion to refine a ballot title or sharpen its message. ORS 250.085(5) provides that, on judicial review of a ballot title,

“[t]he court shall review the title for substantial compliance with the requirements of ORS 250.035, and shall certify a title meeting this standard to the Secretary of State.” (Emphasis added.)

Substantial compliance by the…

2Cases cited3 opinions

  1. Kafoury v. RobertsOregon Supreme Court · 1987
  2. June v. RobertsOregon Supreme Court · 1988
  3. Nelson v. KeislingOregon Supreme Court · 1992

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