Eisenzimmer v. Myers , 330 Or. 272 ( 2000 )

PER CURIAM

This is a ballot title review proceeding brought under ORS 250.085(2). Petitioner is an elector who timely submitted written comments concerning the content of the draft ballot title submitted to the Secretary of State and who therefore is entitled to seek review of the ballot title certified by the Attorney General. See ORS 250.085(2) (stating that requirement).

We have considered petitioner’s arguments concerning the ballot title certified by the Attorney General. We conclude that petitioner has not shown that the Attorney General’s certified ballot title fails to comply substantially with the standards for such ballot titles set out in ORS 250.035(2)(a) to (d) (1997);¹ See ORS 250.085(5) (setting standard). Accordingly, we certify to the Secretary of State the following ballot title:

AMENDS CONSTITUTION: MODIFIES TERM LIMITS FOR HOUSE, SENATE; RETAINS TOTAL LIFETIME LIMIT

RESULT OF “YES” VOTE: ‘Tes” vote modifies specific term limits for state House, Senate; retains twelve-year lifetime limit.

RESULT OF “NO” VOTE: “No” vote retains: six-year (House), eight-year (Senate) term limits; twelve-year lifetime limit.

SUMMARY: Amends Constitution. Current legislative term limits are six years for state representatives, eight years for senators, twelve years total in Legislative Assembly. Measure allows twelve years in House ór Senate, or twelve years combined service. Eliminates counting service filling vacant statewide, legislative office as full term; instead, vacancy service counts toward lifetime limit. Prohibits appointment, election to vacant office if serving term’s remainder would violate limits. Covers service years beginning on first day of next full office term or vacancy occurring after December 3,1992.

Ballot title certified. This decision shall become effective in accordance with ORAP 11.30(10).

1 The 1999 Legislature amended ORS 250.035 (1997). Or Laws 1999, ch 793, § 1. However, section 3 of that 1999 enactment provides, in part:

“(1) The amendments to ORS 250.035 by section 1 of this 1999 Act do not apply to any ballot title prepared for:

“(a) Any initiative petition that, if filed with the Secretary of State with the required number of signatures of qualified electors, will be submitted to the people of the general election held on the first Tuesday after the first Monday in November 2000 * * A”

The present proposed measure is one of those to which the 1999 act does not apply. We therefore apply the pertinent provisions of ORS 250.035 (1997).