Lavey v. Kroger
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Petitioners Daniel Lavey and Anna Richter Taylor sought review of the Attorney General's certified ballot title for Initiative Petition 16 (2012), arguing that the ballot title did not satisfy the requirements of state election law. Initiative Petition 16 would amend several statutory provisions regrading the use of studded tires on public roads. Currently state law makes it a class C traffic violation for a person to drive a vehicle equipped with stuffed tires on any Oregon highway. Initiative Petition 16 would delete two exemptions and amend the code so that no road authority would be allowed to issue a variance permit. Petitioners contended that the ballot title was deficient in a number of different respects pertaining to the caption, the "yes" vote result statement, the "no" vote result statement and the summary. Upon review, the Supreme Court rejected most of Petitioners' arguments without discussion, but wrote only to address one issue raised by petitioners that affected the caption and the "yes" vote result statement. The Court found that the caption and "yes" statement did not adequately identify the subject of the proposed initiative because it did not accurately state the change in the law that will take place if the initiative became law. The Court referred the ballot title back to the Attorney General's office for modification.
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