February 16, 2022 --- Campaign finance reformers today filed a petition for writ of mandamus, asking the Oregon Supreme Court to overrule the Secretary of State’s unprecedented rejection of Initiative Petitions 43, 44, and 45, which is based on misinterpretation of the Oregon Constitution: “The full text of the proposed measure was not included.” No other Oregon Secretary of State has required including in an initiative petition the text of subsections of existing law that are not changed by the proposed measure.
“Secretary Fagan’s interpretation of the Oregon Constitution would deny Oregonians their only chance this year to VOTE on getting big money out of Oregon politics. Moving the bar also creates a high degree of uncertainty for future initiative petitioners. We need the Supreme Court to intervene and set the record straight.” — James Ofsink, IP43-45 Chief Petitioner and President of Portland Forward.
No prior Secretary of State has required unchanged subsections of statutes to appear in initiative petitions. The mandamus action shows examples from prior Secretaries of State, the Oregon Courts, and the Legislature, of earlier “full text” interpretations: measures only needed to show the text being altered. The Oregon Supreme Court previously held: “The petition must carry the exact language of the proposed measure. It need include nothing more” (Schnell v. Appling, 1964).

The Attorney General’s ballot title certification for IPs 43-45 last week makes the Oregon Supreme Court the final arbiter on whether one of these initiatives have the opportunity to proceed to the November 2022 ballot, so Oregonians can finally vote on statewide campaign contribution limits.
“Oregon voters overwhelmingly support campaign finance reform, but mega-donors are tipping the scales on Oregon races from school board to Governor. Our elections are among the most expensive per capita in the U.S. We call on the Supreme Court to accept our petition and reverse the Secretary’s unprecedented new requirements, so voters can restore balance to Oregon democracy.” — Rebecca Gladstone, President, League of Women Voters of Oregon and IP 43-45 Chief Petitioner.
For more information:

Jason Kafoury
jkafoury@kafourymcdougal.com
202-465-2764