ORS 251.215
Preparation and filing of explanatory statement of measure

(1)

Not later than the 99th day before a special election held on the date of a primary election or any general election at which any state measure is to be submitted to the people, the committee appointed under ORS 251.205 (Appointment of committee to draft explanatory statement of measure proposed by initiative or referendum) shall prepare and electronically file with the Secretary of State, an impartial, simple and understandable statement explaining the measure. The statement shall not exceed 500 words.

(2)

Not later than the 95th day before the election, the Secretary of State shall hold a hearing in Salem upon reasonable statewide notice to receive suggested changes or other information relating to any explanatory statement. At the hearing any person may submit suggested changes or other information orally or in writing. Written suggestions or other information also may be submitted at any time before the hearing.

(3)

The committee for each measure shall consider suggestions and any other information submitted under subsection (2) of this section, and may file a revised statement with the Secretary of State not later than the 90th day before the election.

(4)

The original statement and any revised statement must be approved by at least three members of the committee. If a member does not concur, the statement shall show only that the member dissents.

(5)

For purposes of this section, “measure” includes an initiative petition relating to a state measure that has been filed with the Secretary of State for the purpose of verifying signatures under ORS 250.105 (Petition filing requirements). The requirements of this section shall not apply to the petition if the secretary determines that the petition contains less than the required number of signatures of electors. [Formerly 254.222; 1991 c.719 §49; 1993 c.493 §20; 1993 c.811 §14; 1995 c.712 §42; 2001 c.965 §10; 2011 c.646 §5]

Source: Section 251.215 — Preparation and filing of explanatory statement of measure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors251.­html.

Notes of Decisions

Where public’s interest in having presented to the voters as soon as possible policy matters of great and immediate public interest outweighs public’s interest in affording its individual members their full statutory right to participate in the presentation of issues to the public through the voters’ pamphlet, the court will not strike from the ballot proposed constitutional amendments which do not meet the time schedule provisions of this and related section [former] ORS 254.210. Sundeleaf v. Myers, 268 Or 302, 520 P2d 438 (1974)

Under this section, certification of initiative explanatory statement is required to be in writing. State ex rel Anderson v. Paulus, 283 Or 241, 583 P2d 531 (1978)

This section does not require Secretary of State to defend voters’ pamphlet explanation prepared by citizens’ committee. Teledyne Industries v. Paulus, 297 Or 665, 687 P2d 1077 (1984)

Explanatory statement that selects some noneffects on particular group is not impartial. Sollis v. Hand, 310 Or 251, 796 P2d 1188 (1990)

Official explanatory statement for ballot measure was modified when explanatory statement listed speculative effects and misleading information. Homuth v. Keisling, 314 Or 214, 837 P2d 532 (1992)

Explanation of ballot measure may include explanation of ballot measure effects. Sizemore v. Myers, 327 Or 456, 964 P2d 255 (1998)

Use of boldfaced type to highlight portion of statement explaining ballot measure effects but not portion explaining ballot measure text was potentially misleading and made statement insufficient. Sizemore v. Myers, 327 Or 456, 964 P2d 255 (1998)

Attorney General Opinions

Explanatory statements as not constitutionally required, (1972) Vol 36, p 140

Law Review Citations

74 OLR 341 (1995)

251.005
Definitions 251.008
Joint production of state and county voters’ pamphlet 251.012
Size, format and distribution of voters’ pamphlet 251.014
Electronic filing system 251.016
Disposition of fee 251.022
Voters’ pamphlet for election to fill vacancy in office of United States Senator or Representative in Congress 251.026
Statements and information included in voters’ pamphlets 251.046
Content of statements and arguments 251.049
Names or titles of persons or names of organizations excluded from arguments and statements 251.055
Type of material to be excluded from pamphlet 251.065
Filing portrait and statement by or for candidate 251.067
Inclusion of portrait and statement of candidate for county, city or metropolitan service district office 251.069
Map of metropolitan service district to be printed in certain pamphlets 251.075
Portrait requirements 251.085
Format of candidate’s statement 251.087
Secretary of State review of candidate portrait and statement 251.095
Candidate space in voters’ pamphlet 251.115
Statement of statewide and less than statewide political party or assembly 251.125
Disclaimer 251.135
Withdrawal of material 251.145
Exemption from public records law 251.155
Statements and arguments inadmissible in action to enjoin publication of pamphlet 251.165
Preparing material for inclusion in state voters’ pamphlet 251.167
Secretary of State creation of list of five most commonly spoken languages 251.170
Requirements for translation of voters’ pamphlets 251.173
Translation Advisory Council 251.175
Distribution of pamphlet 251.185
Measures, estimates, statements and arguments included in voters’ pamphlet 251.195
Form for printing proposed constitutional amendment 251.205
Appointment of committee to draft explanatory statement of measure proposed by initiative or referendum 251.215
Preparation and filing of explanatory statement of measure 251.225
Preparation and filing of explanatory statement by Legislative Counsel Committee 251.230
Effect if explanatory statement not filed 251.235
Supreme Court review of explanatory statement 251.245
Committee to prepare and file argument in support of measure referred by Legislative Assembly 251.255
Filing arguments for or against measure 251.260
Secretary of State review of arguments for error in identification of measure number or designation of support or opposition to measure 251.265
Inclusion of author of argument, author’s organization and notice of support or opposition to measure in voters’ pamphlet 251.285
Inclusion of community college district measure relating to bonding, county measure or metropolitan service district measure in voters’ pamphlet 251.295
Radio and television broadcasts to supplement pamphlet 251.305
County voters’ pamphlet 251.315
Information required to be included in voters’ pamphlet 251.325
Schedule and procedures for producing and distributing pamphlet 251.335
Filing portrait and statement by or for candidate 251.345
Explanatory statement 251.355
Filing arguments for or against measure 251.365
Cost of pamphlet preparation 251.375
Exception to ORS 251.365 for certain districts 251.385
“Electoral district” defined for ORS 251.345 to 251.375 251.395
Content of statements and arguments 251.405
Names or titles of persons or names of organizations excluded from arguments and statements 251.415
Type of material to be excluded from pamphlet 251.425
Format of candidate’s statement 251.430
Exemption from public records law 251.435
Statements and arguments inadmissible in action to enjoin publication of pamphlet
Green check means up to date. Up to date

Current through early 2024

§ 251.215’s source at oregon​.gov