Scott-Schwalbach v. Rosenblum

For a certified ballot title, “The caption must ‘reasonably identif[y] the subject matter”; “the ‘yes’ result statement” must state “the result” of measure approval; and the summary must summarize the “measure and its major effect.” ORS 250.035(2)(a), (b), and (d).

Petitioner sought review of a certified ballot title for a constitutional amendment expanding K-12 school choice and requiring public schools to accept requests if capacity allowed. Petitioner argued that the caption title, “yes” result statement and summary failed to accurately reflect the burden on schools if the ballot measure passed. The Attorney General argued that the wording reflected the essential part of the ballot measure: expanding parents’ right to choose the public school their child attended. For a certified ballot title, “The caption must ‘reasonably identif[y] the subject matter'”; “the ‘yes’ result statement” must state “the result” of measure approval; and the summary must summarize the “measure and its major effect.” ORS 250.035(2)(a), (b), and (d). The Court reasoned the ballot title and “yes” result statement neglected to inform voters that the measure, if passed, would remove schools’ discretionary authority to deny admissions requests. Additionally, the Court reasoned that the summary did not describe the “nonspeculative fiscal consequence” that would arise if students chose a school outside their district, causing school funding to “follow the student.”  The Court referred the ballot title to the Attorney General for modifications to correct these deficiencies.