Filed: May 19, 2000

DANIEL MEEK,

Petitioner,

v.

HARDY MYERS, Attorney General

for the State of Oregon,

Respondent.

En Banc

On petition to review ballot title.

Submitted on the petition and answering memorandum April 19, 2000.

Daniel W. Meek, Portland, in propria persona.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Jas. Jeffrey Adams, Assistant Attorney General, for respondent.

PER CURIAM

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

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 for a proposed measure designated by the Secretary of State as Initiative Petition 158 (2000). He therefore is entitled to seek review of the ballot title for that measure certified by the Attorney General. See ORS 250.085(2) (setting that requirement).

We have considered each of petitioner's arguments concerning the ballot title certified by the Attorney General. We conclude that none establishes 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 out standard of review). (2) Accordingly, we certify to the Secretary of State the following ballot title:

AMENDS CONSTITUTION: MANDATES PROCESSES, RULES, FOR RESOLVING CONFLICTS AMONG INITIATIVES, LEGISLATIVE REFERRALS

RESULT OF "YES" VOTE: "Yes" vote mandates judicial, election processes, decisional rules, for resolving conflicts among initiatives, legislative referrals.

RESULT OF "NO" VOTE: "No" vote retains statutory rule for resolving measure conflicts; leaves constitution without conflict resolution provision.

SUMMARY: Amends constitution. Currently, courts deciding lawsuits resolve conflicting initiatives, legislative referrals simultaneously enacted; statute provides measure receiving most affirmative votes prevails. Measure authorizes voter lawsuits, without need for dispute between parties, to resolve conflicts. Gives Supreme Court exclusive jurisdiction. Mandates decisional rules, including: provision prohibiting using public resources to collect political funds prevails over conflicting provisions; measure granting tax break prevails over measure prohibiting, limiting tax break; initiative prevails over later legislative referral. Requires run-off election if conflict irresolvable within 60 days. Other provisions.

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

1. The 1999 Legislature amended ORS 250.035 in several respects. Or Laws 1999, ch 793,