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82nd OREGON LEGISLATIVE ASSEMBLY--2024 Regular Session
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 1538
By COMMITTEE ON RULES
March 4
On page 1 of the printed A-engrossed bill, line 3, after “260.407;” delete the rest of the line and
insert “and declaring an emergency.”.
On page 10, delete lines 10 and 11 and insert:
“SECTION 11.(1) If an amendment to the Oregon Constitution is referred to the people
by the Eighty-second Legislative Assembly during its 2024 regular session under Article
XVII, section 1, of the Oregon Constitution, or if an Act of the Eighty-second Legislative
Assembly that passes both houses of the Legislative Assembly during its 2024 regular session
is referred to the people by the Legislative Assembly under Article IV, section 1 (3)(c), of the
OregonConstitution:
“(a) Notwithstanding ORS 250.035, 250.067, 250.075 (2) and 250.085, the ballot title for a
measure described in this subsection shall be prepared by the joint legislative committee
appointed under section 16 of this 2024 Act and filed with the Secretary of State not later
than the date set by the Secretary of State by rule. The word limits described in ORS 250.035
(2) do not apply to a ballot title for a measure described in this subsection that is prepared
by the joint legislative committee under this subsection. Unless modified under section 14
of this 2024 Act, the ballot title prepared by the committee under this subsection shall be the
ballot title printed in the voters’ pamphlet and printed on, or included with, the ballot.
“(b) Notwithstanding ORS 251.205, 251.215, 251.225, 251.230 and 251.235, the explanatory
statement to be printed in the voters’ pamphlet for a measure described in this subsection
shall be prepared by the joint legislative committee appointed under section 16 of this 2024
Act and filed with the Secretary of State not later than the date set by the Secretary of State
by rule.Unless modified under section 15 of this 2024 Act, the explanatory statement pre-
pared by the committee under this subsection shall be the explanatory statement printed in
the voters’ pamphlet.
“(2) The joint legislative committee may begin preparation of the ballot title or explana-
tory statement on the date the measure is filed with the Secretary of State.
“(3) Except as otherwise provided in sections 11 to 17 of this 2024 Act, ORS chapters 250,
251 and 254 apply to an election held on a measure described in subsection (1) of this section.
“(4) As used in sections 11 to 17 of this 2024 Act, ‘measure’ has the meaning given that
term in ORS 250.005.
“SECTION 12. (1) The Secretary of State shall cause to be printed in the voters’ pamphlet
the number, ballot title and text of a measure described in section 11 of this 2024 Act and
the financial estimate, explanatory statement and arguments relating to the measure. The
Secretary of State shall also cause to be printed in the voters’ pamphlet any other informa-
tion required by law.
LC 194/SB 1538-A4 1
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“(2) For purposes of sections 11 to 17 of this 2024 Act, the election referred to in ORS
251.295 is the general election.
“SECTION 13. (1) Notwithstanding the deadline specified in ORS 254.085, the Secretary
of State shall prepare and deliver to each county clerk by the most expeditious means prac-
ticable a certified statement of a measure described in section 11 of this 2024 Act. The Sec-
retary of State shall include with the statement the number, financial estimate and ballot
title of the measure and any other information required by law. The Secretary of State shall
keep a copy of the statement.
“(2) Each county clerk shall print on the ballot the number, financial estimate and ballot
title of the measure, along with any other information required by law. In lieu of printing
the financial estimate, the summary portion of the ballot title or other information required
by law on the ballot, each county clerk may include with the ballot the complete text of the
ballot title, the financial estimate and any other information required by law.
“SECTION 14.Notwithstanding ORS 250.085:
“(1) Any elector dissatisfied with the ballot title for a measure described in section 11
of this 2024 Act prepared by the joint legislative committee appointed under section 16 of this
2024 Act may petition the Supreme Court seeking a different ballot title. The petition shall
state the reasons that the ballot title filed with the Secretary of State does not substantially
comply with the requirements of ORS 250.035 and section 11 of this 2024 Act.
“(2) The petition shall name the Attorney General as the respondent and must be filed
not later than the fifth business day after the joint legislative committee files the ballot title
with the Secretary of State.
“(3) An elector filing a petition under this section shall notify the Secretary of State in
writing that the petition has been filed. The notice must be received in the office of the
Secretary of State not later than 5 p.m. on the next business day following the day the pe-
tition is filed.
“(4) The Supreme Court shall review the ballot title for substantial compliance with the
requirements of ORS 250.035 and section 11 of this 2024 Act.
“(5) The review by the Supreme Court shall be conducted expeditiously to ensure the
orderly and timely conduct of the election at which the measure is to be submitted to the
electors.
“(6) If the Supreme Court determines that the ballot title prepared by the joint legislative
committee substantially complies with the requirements of ORS 250.035 and section 11 of this
2024 Act, the court shall certify the ballot title to the Secretary of State. If the Supreme
Court determines that the ballot title prepared by the joint legislative committee does not
substantially comply with the requirements of ORS 250.035 and section 11 of this 2024 Act,
the court shall modify the ballot title and certify the ballot title to the Secretary of State
or refer the ballot title to the Attorney General for modification.
“(7) Not later than five business days after the Supreme Court refers a ballot title to the
Attorney General for modification under this section, the Attorney General shall certify a
modified ballot title to the Secretary of State. The modified ballot title is not subject to ju-
dicial review.
“SECTION 15.Notwithstanding ORS 251.235:
“(1) Any person dissatisfied with the explanatory statement for a measure described in
section 11 of this 2024 Act prepared by the joint legislative committee appointed under sec-
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tion 16 of this 2024 Act may petition the Supreme Court seeking a different explanatory
statement and stating the reasons the explanatory statement is insufficient or unclear.
“(2) The court shall review the explanatory statement and certify an explanatory state-
ment to the Secretary of State if the petition is filed and served as required in subsection
(4) of this section not later than the fifth business day after the joint legislative committee
files the explanatory statement with the Secretary of State.
“(3) Failure to file and serve the petition within the time prescribed in subsection (2) of
this section precludes Supreme Court review and certification of an explanatory statement.
If the court considers the petition, the court may allow oral argument. The review by the
Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of
the election at which the measure is to be submitted to the electors. The explanatory
statement certified by the court shall be the explanatory statement printed in the voters’
pamphlet.
“(4) At the time a person petitions the Supreme Court under subsection (1) of this sec-
tion, the person also shall serve a copy of the petition on:
“(a) The Attorney General; and
“(b) The Legislative Assembly.
“SECTION 16. (1) For each measure described in section 11 of this 2024 Act, a joint leg-
islative committee consisting of three Senators and three Representatives shall be appointed
to prepare and file with the Secretary of State the ballot title and explanatory statement for
the measure.
“(2)(a) The President of the Senate shall appoint three members of a committee from
among members of the Senate, two from the majority party and one from a minority party.
“(b) The Speaker of the House of Representatives shall appoint three members of a
committee from among members of the House of Representatives, two from the majority
party and one from a minority party.
“SECTION 17. The Secretary of State shall adopt rules governing the procedures for
conducting an election on a measure described in section 11 of this 2024 Act as may be nec-
essary to implement sections 11 to 17 of this 2024 Act. Rules adopted under this section may
not require the joint legislative committee appointed under section 16 of this 2024 Act to:
“(1) Prepare or make publicly available a draft ballot title; or
“(2) File a ballot title with the Secretary of State before June 4, 2024.
“SECTION 18. This 2024 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2024 Act takes effect
on its passage.”.
HA to A-Eng. SB 1538 Page 3