Whitehead v. Clarno

"An elector may sign an initiative petition if they meet the requirements of Article II, section 2 of the Oregon Constitution: United States citizenship, age, Oregon residency, and voter registration as provided by law."

Appellants were denied summary judgment to obtain review of a decision by Respondent to disqualify a petition from the 2016 ballot. On appeal, Appellants assigned error to the trial court’s decision to grant summary judgment for Respondent. Appellants argued that a voter is permitted to sign initiative petitions as long as they are a citizen of the United States above the age of majority, an Oregon resident for the required amount of time, and registered to vote. In response, Respondent argued that voters with an inactive voter registration status are not allowed to vote and therefore not able to sign initiative petitions. "An elector may sign an initiative petition if they meet the requirements of Article II, section 2 of the Oregon Constitution: United States citizenship, age, Oregon residency, and voter registration as provided by law." The Court held that the trial court erred as a matter of law because the Respondent unconstitutionally deprived registered voters of their right to participate in the initiative process by excluding the signatures of registered but inactive voters. Reversed and remanded.