February 20, 2004
Are Two Of The Marriage Initiatives Improperly Filed?
Questions Of Compliance Raised
Okay, honestly, we're the ones raising the question of compliance. But let's back up and reiterate our concerns, originally expressed in our first item on these initiatives.
First, the initative filed as the Affirmation Of Marriage Constitutional Amendment (pdf) clearly references a portion of Oregon Revised Statutes, which suggests to us that it should have been filed as a statutory initiative. The subject as submitted by the petitioners -- notice the word "amendment" -- seems to indicate that it was filed as a constitutional initiative.
Secondly, the initiative filed as the Defense Of Marriage Act (pdf) does not reference Oregon Revised Statutes, which suggests it should have been filed as a constitutional initiative. The subject as submitted by the petitioners -- notice the word "act" -- seems to indicate that it was filed as a statutory initiative.
Let's go back to the Associated Press story via KGW:
The attorney general's office has until Feb. 27 to complete a draft ballot title. Opponents have until March 12 to file comments.
If there are comments, the secretary of state and the attorney general have 10 business days to determine whether the initiative meets other constitutional requirements and certify the ballot title.
A few minutes ago, we had a telephone conversation with Summer Davis, a compliance specialist with the Elections Division. We asked her whether or not this apparent discrepancy in the filings meant that these two of the four filed initiatives would not be in compliance, and therefore invalid.
"That's a legal question that I don't get into," Davis said.
Asked if that legal question was something the Attorney General and the Secretary of State would have to determine when and if they review public comments about the initiatives, Davis said, "Exactly."
So opponents of these initiatives should follow the procedures for filing comments on the Affirmation Of Marriage Constitutional Amendment and the Defense Of Marriage Act initiatives (numbers 147 and 149, respectively) which raise this particular issue. It's not guarantee, but in theory such comments could derail at least two of the initiatives almost immediately.
Not that the petitioners couldn't simply refile. But every little victory counts for something, right?