Nearman/Miller v. Rosenblum
358 Or. 818
| Or. | 2016Background
- IP 51 is a proposed Oregon constitutional amendment that would require in‑person voter registration with documentary proof of U.S. citizenship, eliminate online/mail/DMV automatic registration, and cause current registrations to expire in 10 years unless renewed.
- Attorney General certified a ballot title whose caption says the measure "State Election Registration Requires In‑Person Registration..." and whose summary states the measure "applies only to state/local elections" and "conflicts with federal voter registration laws."
- Petitioners (Nearman, Buchal, Miller) challenged the caption, summary, and the "yes" result statement, arguing the measure by its terms also applies to federal elections and the title is misleading in other respects.
- The Attorney General defended limiting the title to state/local elections on the ground that the National Voter Registration Act (NVRA), as interpreted by federal authority, preempts state documentary‑proof requirements for federal registration.
- The Oregon Supreme Court reviewed whether the Attorney General appropriately interpreted IP 51 and whether the ballot title (caption, summary, yes statement) complies with ORS 250.035(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the caption reasonably identifies the subject (does IP 51 apply to federal elections?) | Nearman/Buchal: IP 51 by its terms applies to federal elections; caption must say so. | Rosenblum: NVRA preempts documentary requirements for federal registration, so measure would effectively apply only to state/local elections. | The court: AG cannot resolve unsettled, complex preemption at title stage; caption limiting scope to "state and local" does not substantially comply and must be modified. |
| Whether the summary states the measure's major effects (including application to federal elections) | Nearman/Buchal: Summary must state that IP 51 by its terms applies to federal elections. | Rosenblum: Summary may reflect anticipated preemption under NVRA so can limit described effect to state/local elections. | The court: Because federal preemption is not settled here, summary must identify that IP 51 by its terms applies to federal elections; modify summary accordingly. |
| Whether the Attorney General may engage in interpretive analysis of a measure's effect (including conflict with federal law) when drafting a ballot title | Petitioners: AG should not limit measure without plain textual basis. | Rosenblum: AG may interpret and place measure in context of existing law, including preemption analysis. | The court: AG may engage in basic interpretation, but where legality/preemption is unresolved and would require extensive analysis, title proceedings are not the place to resolve it. |
| Whether the "yes" result statement is accurate (reference to "immigration verification") | Miller: "Immigration verification" is misleading; measure deals with citizenship proof, not immigration status. | Rosenblum: (defended wording as descriptive) | The court: Phrase is inaccurate/misleading; "immigration verification" must be removed. Also corrected DMV wording: change "will submit" to "must submit." |
Key Cases Cited
- Kane v. Kulongoski, 320 Or. 273 (court will not resolve constitutionality/preemption during ballot title review)
- Christ/Tauman v. Myers, 339 Or. 494 (Attorney General must perform basic interpretation to identify a measure's subject/effect)
- Caruthers v. Myers, 344 Or. 596 (when federal law’s effect on a measure is settled and clear, the ballot title must reflect that context)
- McCann/Harmon v. Rosenblum, 354 Or. 701 (caption must reasonably identify the subject/major effect)
- Arizona v. Inter Tribal Council of Ariz., Inc., 133 S. Ct. 2247 (Elections Clause and federal preemption discussion relevant to federal registration rules)
Decision: The court referred the ballot title back to the Attorney General for modification—(1) revise caption and summary to identify that IP 51 by its terms applies to federal elections, (2) remove "immigration verification" from the "yes" result statement, and (3) change DMV wording from "will submit" to "must submit."