ORAP 12.30

The practice and procedure governing a petition to the Supreme Court to review a ballot

title shall be:

(1) Any elector dissatisfied with a ballot title provided by the Attorney General under

ORS 250.067 or ORS 250.075(2), or by the Legislative Assembly under ORS 250.075(1), may

file with the Supreme Court a petition to review the ballot title.

(2) The petition must be filed within 10 business days after the day upon which the

Attorney General certifies the ballot title to the Secretary of State, or the Legislative Assembly

files the ballot title with the Secretary of State. If a petition is mailed to the Supreme Court in

compliance with ORAP 1.35(1), then the petition is deemed filed when mailed; otherwise, a

petition is deemed filed when actually received by the Supreme Court.

(3) The form of the petition shall comply with ORAP 7.10 governing motions. The

petition shall have a title page containing:

(a) A case title in which the party petitioning for review is designated as the

petitioner and the Attorney General is designated as the respondent.

(b) The title "Petition to Review Ballot Title Certified by the Attorney

General" or "Petition to Review Ballot Title Certified by the Legislative Assembly," as

the case may be.

(c) The date the ballot title was certified.

(d) The chief petitioner referred to in ORS 250.045.

(e) The litigant contact information required by ORAP 1.30.

(4) The body of the petition shall be no longer than 10 pages and:

(a) Shall state the petitioner's interest in the matter, whether the petitioner is

an elector, and whether the petitioner timely submitted written comments on the draft

ballot title.

(b) Shall include the reason the ballot title does not substantially comply with

the requirements of ORS 250.035, and a request that the Supreme Court certify to the

Secretary of State a ballot title that complies with the requirements of ORS 250.035 in

lieu of the ballot title challenged by petitioner or refer the ballot title to the Attorney

General for modification.

(c) May include under the heading "Arguments and Authorities" legal

arguments and citation of legal authorities.

(5) (a) The petition shall have attached to it a copy of the ballot title as certified

to or filed with the Secretary of State and containing the full text of the ballot title and a

photocopy of the text of the measure as submitted to the Secretary of State.

(b) The petition shall show proof of service on the Attorney General,[fn 1] as well

as any chief petitioner who did not file the petition to review the ballot title and proof of

written notification to the Secretary of State that the petition has been filed.

(c) The original petition shall be filed. The petition shall be accompanied by

the filing fee required for an original proceeding in the Supreme Court.

(6) The Attorney General has seven business days after the filing of the petition,

unless a shorter time is ordered by the court, to:

(a) File the draft ballot title, the certified ballot title, the Attorney General's

letter of transmittal to the Secretary of State and, if not overly lengthy, written comments

received by the Secretary of State concerning the draft ballot title. In addition, the

Attorney General may provide the court with the text of the certified ballot title, and any

subsequent modified ballot title, by electronic mail.

(b) File an answering memorandum. If the Attorney General claims that text

as contained in the petition is in error, the Attorney General must file an answering

memorandum pointing out the discrepancy; otherwise, the Attorney General may submit

a letter waiving the filing of an answering memorandum. Any answering memorandum

must be in the form prescribed by ORAP 7.10 for answers to motions and may not be

longer than 10 pages, except that when the court has consolidated review of more than

one petition to review a ballot title in one proceeding, the length of the answering

memorandum may be increased by five pages per each additional petition. The Attorney

General must file the original answering memorandum, with proof of service on counsel

for the petitioner. The answering memorandum may set forth concisely the reasons why

the Attorney General believes the ballot title filed with the Secretary of State

substantially complies with the requirements of ORS 250.035 or, alternatively, may

suggest alterations that in the Attorney General's judgment would make the ballot title

substantially comply. The answering memorandum may also contain under separate

heading legal arguments and citation to legal authorities.

(7) Any person who is interested in a ballot title that is the subject of a petition,

including the chief petitioner of a measure, may file a motion in the form prescribed by ORAP

7.10, asking leave of the Supreme Court to submit a memorandum as an amicus curiae. The

motion must be accompanied by the proposed memorandum that the amicus curiae intends to

submit. The proposed memorandum must be in the form prescribed by ORAP 7.10 for answers

to motions and may not be longer than 10 pages. The motion and proposed memorandum must

be filed and served on or before the date that the answering memorandum is due, unless a shorter

time is ordered by the court. If a party seeks to appear as an amicus curiae after the Attorney

General has filed a modified ballot title after referral from the Supreme Court, then the motion

and memorandum must be filed with and actually received by the Supreme Court and must be

served on and actually received by all parties within five business days after the date that a party

has filed an objection, unless a shorter time is ordered by the court.

(8) The petitioner has five business days after the filing of the answering

memorandum, unless a shorter time is ordered by the court, to file a reply memorandum. Any

reply memorandum must be in the form prescribed by ORAP 7.10 for answers to motions and

must not be longer than five pages. The petitioner must file the original reply memorandum,

with proof of service on the Attorney General.

(9) After the filing of all memoranda permitted, the Supreme Court will consider the

matter without the filing of briefs or presentation of oral argument unless otherwise ordered by

the court, either on its own motion or on request of a party. If the court orders oral argument, the

petitioner shall argue first. Unless otherwise ordered by the court, an amicus curiae may not

participate in oral argument.

(10) (a) For ballot title review proceedings in which the Supreme Court has

referred the Attorney General's certified ballot title to the Attorney General for

modification, the Attorney General must prepare a modified ballot title. The modified

ballot title must be filed with and actually received by the Supreme Court, and it must be

served on and actually received by all parties, within five business days after the date of

the referral.

(b) The petitioner, or an intervenor under paragraph (10)(c), may file an

objection to the modified ballot title within five business days after the date of filing of

the modified ballot title. An objection or proposed objection under paragraph (10)(c)

must be in the form prescribed by ORAP 7.10, and it may not exceed 10 pages. The

objection or proposed objection must be filed with and actually received by the Supreme

Court within the time required. The objection or proposed objection must be served on

and actually received by all parties within five business days after the date of filing of the

modified ballot title. The objection or proposed objection may be filed and served by

telephonic facsimile communication as provided by ORAP 7.35(3).[fn 2] A party may file a

response to the objection or proposed objection within five business days after the date of

filing of the objection, unless the court otherwise directs.

(c) A person who submitted written comments to the Secretary of State under

ORS 250.067 regarding the original ballot title, or the chief petitioner, may seek to

intervene as a party to object to a modified ballot title when the Supreme Court has

referred the Attorney General's certified ballot title to the Attorney General for

modification. The person must file a motion to intervene, together with a proposed

objection to the modified ballot title, within five business days after the date the modified

ballot title has been filed. The motion and proposed objection must comply with the

filing and service requirements prescribed by paragraph (10)(b). The proposed objection

may assert only that the modifications by the Attorney General themselves have caused

the modified ballot title to not comply substantially with the requirements of ORS

250.035.

(11) (a) If the Supreme Court issues a dispositional decision in which the court

dismisses the petition, certifies the Attorney General's certified ballot title or certifies the

Attorney General's modified ballot title, with or without additional modification, the

Administrator will issue the appellate judgment on the next judicial day after the filing

date of the decision.

(b) If the court refers the Attorney General's certified ballot title to the

Attorney General for modification or refers the Attorney General's modified ballot title to

the Attorney General for further modification and no party files a timely objection to a

modified ballot title, then the Supreme Court will certify the modified ballot title, and the

Administrator will issue the appellate judgment, on the next judicial day after the time for

filing an objection expires.

(c) The court's decision shall become effective in accordance with ORAP

14.05(2)(c).