Girod v. Kroger
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Petitioners Fred Girod, Rod Monroe, David Schamp, Cary Johnson, Hobart Kytr and Steven Fick sought review of the Attorney General's certified ballot title for Initiative Petition 21 (2012), arguing that the ballot title did not satisfy the requirements of ORS 250.035(2). Initiative Petition 21 would amend a number of statutory provisions pertaining to the commercial harvest and sale of salmon from the Oregon portion of the Columbia River. In this case, the Supreme Court found that in stating that the measure "may affect Columbia River Compact, tribal fishing rights, and fishing management agreements," it merely speculated that there was a possibility that the measure may affect the various laws and agreements listed in entirely unspecified ways. A possibility that enactment of a measure may produce unspecified consequences is not an "effect" within the meaning of ORS 250.035(2)(d). The summary therefore did not substantially comply with the statutory requirement to state the "effect" of the measure, and, for that additional reason, the Court held that ballot title must be referred back to the Attorney General for modification.
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