Oregon OR IP 43 Language Finalized

[jordanlund]

Dennis Richardson just sent an email explaining why IP 43 qualifies under the "Single Subject" rule of the Oregon Constitution:

DENNIS RICHARDSON
SECRETARY OF STATE


May 24, 2018
Fellow Oregonian,
Thank you for taking the time to participate in Oregon's initiative process by commenting on recent initiative petition ballot titles and process compliance. Over the last few weeks, we received an historic number of comments on several petitions. Our state is made better by passionate participation in the initiative process.

I am committed to fairly and impartially following the legal process for every initiative petition. The Secretary of State's Office is responsible for tasks like verifying petition signatures, processing required forms, and other administrative tasks. The Attorney General's Office is responsible for drafting ballot titles. Neither the Secretary of State nor the Attorney General has the authority to rule on whether a petition violates the US Constitution. Oregon law only allows such challenges to be decided by the courts after an initiative is approved by the voters.

One of the legal process requirements for petitions is that they must "embrace one subject only and matters properly connected" to the one subject. The Oregon Supreme Court has determined that a petition complies with this legal process requirement if there is a "unifying principle logically connecting all provisions." To help explain this requirement, in other legal cases, the Oregon Supreme Court decided that an initiative petition is considered as containing only one subject even though it includes all of the following provisions: (1) crime victims' rights, (2) admissibility of evidence at criminal trials, (3) release criteria for those accused of crimes, (4) criminal sentencing and orders for restitution, and (5) changes to the jury process in criminal cases. This legally binding precedent applies to Initiative Petition 43.

Therefore, "firearms regulation" is legally considered as the "unifying principle" of Initiative Petition 43's various parts. The Secretary of State must follow legally binding precedent.
If you have any questions about the initiative process, please don't hesitate to let me know. We work for you and are here to serve.

Again, thank you for reaching out with your comments.
Sincerely,

Dennis Richardson

 

[Ura-Ki]

He says it him self, nether the A.G. or His office CAN rule on the constitutnallity, ONLY the State Supream Court can decide! All he is saying is it passes his snif test only! Further more, me makes no recommendations of going forward or not! He is well aware of the standing challenges, and if any thing, that serves as a very strong warning that he will be watched very closely during his part, if any, moving toward!

This was the shot across the bow we needed, this and the challenges puts both offices on notice that the good folks of OryGun are standing up and being heard, and they have better listen! Ok, now on to our Supream Court for a fair and impartial proceedings, though I don' think they will be ether, you never know! What I do think is they will decide to ether let it stand as is and let the voters decide ( bad for us) or they bump it up to the 9th and wash their hands of it!

 

[nammac]

Time to kill IP 43 in the courts, financially support those organizations that have committed to do just that. The OOC, OFF and NRA-ILA have all committed to do so.

We need to financially back these efforts, as well as develop a pool of financial resources for those who have standing to file an appeal but not the $$$. Let's band together for the common good. We can keep this off the ballot if we all sacrifice just a little...

 

[NW Backpacker]

Dennis Richardson just sent an email explaining why IP 43 qualifies under the "Single Subject" rule of the Oregon Constitution:

DENNIS RICHARDSON
SECRETARY OF STATE


May 24, 2018
Fellow Oregonian,
Thank you for taking the time to participate in Oregon's initiative process.............

One of the legal process requirements for petitions is that they must "embrace one subject only and matters properly connected" to the one subject. The Oregon Supreme Court has determined that a petition complies with this legal process requirement if there is a "unifying principle logically connecting all provisions." To help explain this requirement, in other legal cases, the Oregon Supreme Court decided that an initiative petition is considered as containing only one subject even though it includes all of the following provisions: (1) crime victims' rights, (2) admissibility of evidence at criminal trials, (3) release criteria for those accused of crimes, (4) criminal sentencing and orders for restitution, and (5) changes to the jury process in criminal cases. This legally binding precedent applies to Initiative Petition 43.

Therefore, "firearms regulation" is legally considered as the "unifying principle" of Initiative Petition 43's various parts. The Secretary of State must follow legally binding precedent.
If you have any questions about the initiative process, please don't hesitate to let me know. We work for you and are here to serve.

Again, thank you for reaching out with your comments.
Sincerely,

Dennis Richardson

Thanks for writing to the SOS on this issue.

The DOJ attorney says there are multiple subjects and ADMITS that the ballot title does not "reasonably identify" the subject matter in her letter: (by "that term" she is referring to "assault weapons")
"Unfortunately, an accurate definition of that term is impossible to convey in
the allotted fifteen words, particularly since it is not the only subject matter that needs to be
conveyed. We have opted to place the term in quotation marks and to note that it is a defined
term, and we have utilized the summary of the ballot title to describe more fully what is
encompassed within that term."
source: http://oregonvotes.org/irr/2018/043cbt.pdf

The summary gives no idication that most semi-auto rifles and semi-auto pistols would be defined as "assault weapons". It does not mention the "shroud" around the barrel (a wooden forearm is a "shroud").

The DOJ certified the ballot title on May 23. Did Dennis Richardson have to approve it on the 23rd, or could he have delayed a little longer? Say, until July 6 at 5pm?

EDIT: If the antis get their signatures, our side must verify every single signature. No "sampling" and applying percentages - verify every signature against the elections records.

 

[Ura-Ki]

S.O.S. cannot now certify IP 43 due to the challenges to the State Supream Court! It's now well out side his Wheel House, as it's now well out side the A.G. fun house! The S.O.S. must follow any instructions sent down from the Court! Now the question of what, if any thing, Gov'ness Brown decides to pull at 2 a.m. that undermines rule of law!

 

[Pete F]

Finally got a response to my IP43 Title comments. In fact, I got two letters from the DOJ, one addressed to my name including my middle name and one without. An email would have sufficed and saved the taxpayers money. I wonder if they are currently overwhelmed with responses.

Better late than never

 

[SnapShot]

training for the signature gatherers-
monkey wrenches anyone?

www.lifteveryvoiceoregon.com
Updates On Initiative
May 30, 2018 - 12:00 noon and 7:00 pm - Please join us at Augustana Lutheran Church, 2710 NE 14th Ave. (corner of NE Knott and NE 15th Ave), Portland, OR 97212. There will be two trainings this day-- one at noon (12 p.m.) and one at 7 p.m. These trainings will be less than one hour in length and are open to all who want to support this effort by learning how to effectively gather signatures to put this measure on the November 6, 2018 ballot.

The push for 88,184 signatures will not begin until we have cleared any court challenges to the Ballot Title. We will keep you posted to let you know when those petitions will be available.

 

[JavaDude]

training for the signature gatherers-
monkey wrenches anyone?

www.lifteveryvoiceoregon.com
Updates On Initiative
May 30, 2018 - 12:00 noon and 7:00 pm - Please join us at Augustana Lutheran Church, 2710 NE 14th Ave. (corner of NE Knott and NE 15th Ave), Portland, OR 97212. There will be two trainings this day-- one at noon (12 p.m.) and one at 7 p.m. These trainings will be less than one hour in length and are open to all who want to support this effort by learning how to effectively gather signatures to put this measure on the November 6, 2018 ballot.

The push for 88,184 signatures will not begin until we have cleared any court challenges to the Ballot Title. We will keep you posted to let you know when those petitions will be available.

It would be great if a member or members who live close enough could attend one of these meetings and report back. I would but I live more than a couple of hours away.

 

[DuneHopper]

There are people out collecting signatures saw them today a lady told them she was reporting them and they took off. They are going to do what ever they can legal or not to get this passed.

 

[guido1161]

I guarantee you If I run in to one of them collecting signatures before they are allowed to, those signatures will become mine and I will take them directly to the SOS. I don't give a sch!t what kind of trouble I get into. I'm not going to let them get away with it.

 

[3MTA3]

Record the evidence of them taking signatures early with you cell phone. If that person can be identified, then wouldn't it bring in to question any signatures they collected including the ones later when it is legal?

 

[etrain16]

There are people out collecting signatures saw them today a lady told them she was reporting them and they took off. They are going to do what ever they can legal or not to get this passed.

If anyone does see this happening, please, please get it on video if you can. Since many folks have smart phones with this feature, get it on camera, if possible get their name, their face and be sure to ask what they're collecting signatures for. Bonus points if you can get the signature sheet clearly in the shot too. We can't be timid about this violation of the law.

 

[DuneHopper]

There are people out collecting signatures saw them today a lady told them she was reporting them and they took off. They are going to do what ever they can legal or not to get this passed.

I was about 30 feet away and heard what they said. my car was on the other side of the parking lot when I go to the store I always park far away to get exercise walk. I heard what was being said as it was really quite still at 8am, and she told them she was telling the security there not sure how that mattered. But they took off running to their car. There is no way I could have caught them and was way to far away from my car to do anything about. This wasn't a scene from dirty harry where one could blow the car windows out LOL. Taking a phone shot why a nice Idea only would have recorded them running and not why. These liberal antis are snakes and act like snakes they always run when confronted. If they had stuck around I could have recorded them if I could keep my cool. I was already pissed on what they said and had start walking that way a couple steps but they were gone when she got mad. This is Douglas County, I think they figured the lady would be anti-gun ?? No idea. it was over and done in 30 seconds. But be vigilant as they are out and breaking the laws. And of course the Attorney Libtard of Oregon could care less even if it was videoed because I can bet you dollars to donuts when questioned they would deny them ever having permission from the drafters to do this.

 

[etrain16]

I'm still not sure how they could be collecting signatures to actually turn in. The form they use has to be supplied by the SOS, using the officially approved ballot title - which hasn't yet been officially released. Any signatures not turned in on that official form would have to be invalidated. Perhaps this is some idiot thinking they can jump the gun.

 

[turbo_vanner]

I just signed up to help gather signatures... hopefully I can take the place of some lazy liberal.

Then throw all my signature forms away, or better yet, draw some bullseyes on them, and take them out to the range.

 

[tiggers97]

There are people out collecting signatures saw them today a lady told them she was reporting them and they took off. They are going to do what ever they can legal or not to get this passed.

What part of town? LIke others have said, it would be good to catch them in the act.
MAybe people should start taking a visit to public events, like their local farmers market and such. Catch more than just one or two, and it throws the credibility of their entire effort.

 

[DuneHopper]

What part of town? LIke others have said, it would be good to catch them in the act.
MAybe people should start taking a visit to public events, like their local farmers market and such. Catch more than just one or two, and it throws the credibility of their entire effort.

This was at Walmart at 8am

 

[tiggers97]

This was at Walmart at 8am

Ok. But where? Portland area? Beaverton? There are a lot of Walmarts. I would love to catch them in the act.

 

[nammac]

As @etrain16 said, there's no official title until it comes down from the state Supreme Court. Then, the SoS creates the official signature sheets for signature gathering. Any gathering now would be invalid, but would require evidence of them gathering signatures early.

Hoping they violate the rules and never make the November ballot...

 

[NW Backpacker]

Ok. But where? Portland area? Beaverton? There are a lot of Walmarts. I would love to catch them in the act.

Dunehopper said Douglas County - that would be Roseburg area.

If we can confirm they are gathering signatures for IP43 or IP44, why not call the police/sheriff, have them come down to confirm and file a police report so you have proof from a LEO? Even if no charges are filed immediately, at least you have a credible witness - have them email you a copy of the police report. Better yet- if charges can be filed, do it, but get your hard, undeniable evidence first before they have a chance to hide their dirty deeds. Give no hint that you are calling LE (or that you object to signature gathering) - wait until LE arrives and has seen them in the act before you reveal what you are doing.