Sasinowski v. Legislative Assembly

“The caption of a ballot title for a referred state measure must reasonably identify the subject matter of the measure.” ORS 250.035(2)(a). “A ‘yes’ result statement must set out a simple and understandable statement that describes the result if a referral for a state measure is approved.” ORS 250.035(2)(b).

Petitioner sought review of the ballot titled prepared for Legislative Referral 403 (2024)(LR 403), challenging all parts of the ballot title and asserting lack of compliance with requirements of ORS 250.035(2). LR 403 would amend ORS chapter 245 to require ranked choice voting for the primary and general elections. A joint legislative committee prepared the ballot title and filed it with the Secretary of State. While the ordinary word limits for ballot titles do not apply to LR 403, the content requirements for each element do. Petitioner argues that the term “majority” as used throughout the ballot title is inaccurate and without proper context. “The caption of a ballot title for a referred state measure must reasonably identify the subject matter of the measure.” ORS 250.035(2)(a). “A ‘yes’ result statement must set out a simple and understandable statement that describes the result if a referral for a state measure is approved.” ORS 250.035(2)(b).The Court reasoned that the word “majority,” as used in the ballot title and the yes results statement is misleading and without context. Because the term is meant to be the majority of votes counted for active candidates in a final round of tallying, and not the majority of votes cast generally, the court found there was no context to help voters understand that intended meaning. The competing readings are not in compliance with ORS 250.035(2)(a) or (b). The Court held the caption and yes result statement for LR 403 required modification to more accurately convey “majority” means majority of the votes counted for active candidates after a final round of tallying. Ballot title referred to the Attorney General for modification.