Sampson v. Roberts

In this original proceeding, petitioners challenge a ballot title certified by the Attorney General for a measure which would prohibit a person from performing an abortion on an unemancipated minor without prior written notice to her parents. We review the ballot title for "substantial compliance" with the requirements of ORS 250.035 and 250.039. ORS 250.085(4). Those requirements generally are that the title include: (1) a caption of not more than 10 words which "reasonably identifies" the subject of the measure; (2) a question of not more than 20 words which "plainly phrases the chief purpose of the measure"; and (3) a "concise and impartial" statement of not more than 85 words "summarizing the measure and its major effect." Petitioners have complied with the requirements of ORS 250.085, which sets forth the procedure for challenging a ballot title, and thus are properly before us.