Kendoll v. Rosenblum

Under ORS 250.085(5), a petitioner may seek review of a certified ballot title to determine whether it substantially complies with ORS 250.035(2).

Petitioner (Kendoll) sought review of the certified ballot title for Initiative Petition (IP) 40. Kendoll argued that IP 40’s caption, “yes” result statement, and summary do not meet the requirements of ORS 250.035(5). IP 40 is intended, with exceptions, to designate English as the official state language of Oregon, requiring that all official state actions be taken in the English language, that no law shall require the use of any other language than English, and that English-only speakers may not be deprived of any governmental opportunities—including employment—solely for speaking only English. Kendoll argued that certified caption is written too broadly to reasonably identify the subject matter of IP 40. Kendoll next argued that the “yes” result statement was unclear and did not properly identify the intended effects of IP 40. The Court agreed, and held that the caption was too broad and the ”yes” result statement requires modification. Finally, Kendoll argues that the summary inaccurately portrays IP 40 and is written with poor grammar. The Court disagreed with this argument, and found that the statement was a properly constructed, concise and impartial statement. The Court referred IP 40 to the Attorney General for modification of the caption and the “yes” result statement.