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If enough signatures are approved, the measure is sent to the Attorney General to create a proposed "ballot title.". Given the fact Attorney General Rosenblum who is a militant anti-gunner she will paint the proposed ballot title in the best possible light. Under Oregon, ORS 250.035(2)-(5) the proposed ballot title by the Attorney General (1) must accurately state the subject matter of the Initiative, and (2) it's not politically charged and be emotionally laden description which is in violation of Supreme Court's case law on Initiative Ballot Titles.
Very good and concise explanation. I have been involved in some criminal investigations as a witness, and have served on the Grand Jury twice. I know that during the process, the DA's make double damn sure that their case is sufficiently supported by the law, case law and evidence before they bring it to the Grand Jury. The cases are reviewed by senior DA's or even the head DA to make sure they can go to trial. Judges do not appreciate a sh*t case being brought to them.
In the case of 43, I have read the text several times and it is clearly unconstitutional in wording. Would the AG be so stupid to give this a title and put it on the ballot when it is so clearly unconstitutional and will be clearly challenged ?
Your explanation is very much appreciated and well researched.