petition to review ballot title fled June 20, 2019;
considered and under advisement on August 6, 2019.
Winters, Wilsonville, fled the petition for review and reply
Benjamin Gutman, Solicitor General, Salem, fled the answering
memorandum for respondent. Also on the answering memorandum
was Ellen F. Rosenblum, Attorney General.
A. Masih, Bennett, Hartman, Morris & Kaplan, LLP,
Portland, fled the memorandum for amicus curiae Becca
ballot title is referred to the Attorney General for
Summary: The Attorney General certified a ballot title for
Initiative Petition 13 (2020) (IP 13). Petitioner challenged
the certified ballot title on the grounds that its caption,
"yes" and "no" vote result statements,
and summary did not substantially comply with the
requirements of ORS 250.035. Held: The Attorney
General's certified ballot title for IP 13 does not
substantially comply with the requirements of ORS 250.035.
The ballot title is referred to the Attorney General for
Or.App. 598] GARRETT, J.
Parrish challenges the Attorney General's certified
ballot title for Initiative Petition 13 (2020) (IP 13).
Intervenor Uherbelau intervenes generally in support of the
Attorney General's certified ballot title. We review the
ballot title for substantial compliance with ORS 250.035(2).
See ORS 250.085(5) (stating standard of review). For
the reasons explained below, we conclude that the ballot
title for IP 13 does not substantially comply with ORS
250.035(2) in several respects, and we therefore refer it to
the Attorney General for modification.
adopted, IP 13 would amend Article IX of the Oregon
Constitution to add a new section, section 16. Subsection
16(1) would require the State Treasurer to "calculate
the unfunded actuarial liability of any public employee
retirement program or system as of December 31, 2022."
Section 16 would further provide as follows:
"(2) Beginning January 1, 2023, the state and its
political subdivisions, including home rule jurisdictions,
"(a) Accrue unfunded actuarial liability in excess of
the amounts calculated under subsection (1) of this section.
"(b) May not borrow money or pledge assets or revenues
to comply with subsection (2) of this section.
"(3) The prohibition in subsection 2(b) of this section
does not apply to indebtedness incurred on or before the
effective date of this 2020 measure.
"(4) Nothing in this section affects the retirement
benefits an employee has accrued as of December ...