Polonsky v. Washington County

"The reasonable time for challenging the decision of the Secretary of State—including her failure to decide—whether a proposed initiative violates the 'one subject only' rule of Oregon Constitution, Article IV, section 1(2)(d), expires on the 60th day following final approval of the ballot title." Ellis v. Roberts, 302 Or 6.

Plaintiffs appealed the trial court's grant of summary judgment, arguing that the court made errors of law. Specifically, they contended that their claim sought post-election relief, so pre-election deadlines should not apply. The defendants, in turn, moved for summary judgment on two grounds: timeliness and the merits of the claim. "The reasonable time for challenging the decision of the Secretary of State—including her failure to decide—whether a proposed initiative violates the 'one subject only' rule of Oregon Constitution, Article IV, section 1(2)(d), expires on the 60th day following final approval of the ballot title." Ellis v. Roberts, 302 Or 6. The Court first found that the plaintiff could bring this action under ORS 246.910 rather than under ORS 250.195. The Court reasoned that the plaintiff’s claim goes beyond the ballot title to the measure's content. The Court then addressed the timeliness of the claim and found that an action under ORS 246.910 must be filed within a "reasonable time". The Court reasoned that a reasonable time in this case was within 60 days from publication of the ballot title. The Court held that because this action was filed beyond that deadline, it was filed too late and affirmed the summary judgment.