Eisenzimmer v. Myers

I join in the court’s disposition in this case. I write separately to point to a concern that is endemic to all cases of this kind.

As I indicated in my concurring opinion in Nelson v. Myers, 330 Or 92, 100, 996 P2d 975 (2000) (Riggs, J., concurring), I harbor reservations concerning the propriety and constitutionality of this court’s role in the review and modification of ballot titles under ORS 250.085(5).1 On further reflection, I conclude that, although review is within the bounds of Article III, section 1, of the Oregon Constitution,2 modifying a ballot title is not.

An extended discussion…