§ ORS § 250.131Court review of procedures under which estimates and statements of financial impact of state measure were prepared

en · 1,859 chars · active
(1) Any person alleging that an estimate or statement described in ORS 250.125
was prepared, filed or certified in violation of the procedures specified in
ORS 250.125 or 250.127 may petition the Supreme Court seeking that the required
procedures be followed and stating the reasons the estimate or statement filed
with the court does not satisfy the required procedures. A petition is not
allowed concerning the contents of the estimate or statement or whether an
estimate or statement should be prepared.

(2) If the
petition is filed not later than the 85th day before the election at which the
measure is to be voted upon, the court shall review the procedures under which
the estimate or statement was prepared, filed and certified, hear arguments and
determine whether the procedures required under ORS 250.125 and 250.127 were
satisfied. 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.

(3) If the court
determines that the procedures described in ORS 250.125 and 250.127 were not
satisfied, the court shall order the preparation of a second estimate or
statement, to be prepared, filed and certified as provided in ORS 250.125 and
250.127 except that:

(a) The financial
estimate committee created under ORS 250.125 shall prepare and file with the
Secretary of State an estimate or statement not later than two days following
the decision of the court;

(b) A hearing
shall be held within two days after the estimate or statement is filed; and

(c) An estimate
or statement shall be certified not later than seven days after the decision of
the court. The procedures under which the second estimate or statement is filed
and certified may not be appealed. [1991 c.971 §4; 2005 c.633 §3]

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.