Adams v. Kulongoski , 322 Or. 637 ( 1996 )

PER CURIAM

This is an original proceeding in which petitioner challenges the ballot title for a proposed initiative measure. Petitioner is an elector who, in a timely manner, submitted written comments about the Attorney General’s draft ballot title, pursuant to ORS 250.067(1). Accordingly, petitioner is entitled to seek a different title in this court, ORS 250.085(2).

We have considered each of petitioner’s arguments concerning the Attorney General’s ballot title. We conclude that none of those arguments demonstrates a failure on the part of the Attorney General to comply substantially with the requirements of ORS 250.035(2). See ORS 250.085(5) (establishing this court’s standard of review). We therefore certify the following ballot title:

AMENDS CONSTITUTION: REDUCES AND LIMITS PROPERTY TAXES; LIMITS LOCAL REVENUES, REPLACEMENT FEES

RESULT OF “YES” VOTE: “Yes” vote reduces current property taxes; limits future increases; limits local revenues and replacement fees.

RESULT OF “NO” VOTE: “No” vote retains the existing property tax system with current limitations on property tax rates.

SUMMARY: Amends constitution. Limits 1997-98 property taxes to the lesser of: 1995-96 tax minus 10 percent, or 1994-95 tax. Limits future annual property tax increases to 3 percent, with exceptions. Limits revenue available for schools, other local services funded by property taxes. Local governments’ lost revenue may be replaced only with state income tax, unless voters approve replacement fees or charges. Provides no system for spreading revenue cuts among local governments. Restricts new bonds. Tax levy approvals in certain elections require 50 percent voter participation. Other changes.

Ballot title certified. This decision shall become effective in accordance with ORAP 11.30(10).