Oregon Resources to Stop Initiative Petition 43

[Defense Minister]

This thread was created to provide information all in one place for those who wish to participate in stopping Initiative Petition 43; I hope that includes everyone reading this.
Information here will be modified as the petition progresses. Please keep this thread short by only posting information that will help others stay active in the fight against this horrific attack on our rights, and take the time to watch this encouraging video from Oregon pro-gun Representative Bill Post.

Stop Oregon Gun Ban Facebook Page
Complete State Initiative and Referendum Manual
Initiative Petition 43 Details including contact numbers for the Chief Petitioners
Complete Text of the Initiative
Email Updates from the Secretary of State-You may enter your email address here to recieve notifications of IP 43 progress

5/23/2018-This is where we are at right now!

This next procedure comes after a Certified Ballot Title has been provided by the Attorney General, but only for those who provided written comments on the Draft Ballot Title (see above). You nearly need a doctorate in law to follow this procedure, but follow it one step at a time and give it a shot. Don't underestimate yourself; you are a member of the people's government and this is your opportunity to tell our servant leaders what you want! It will at least take them time to open and review it. Here are a couple criminal trial sample motions that can serve as a guide, but ultimately the full procedure below must be followed. If this seems too daunting to take on personally, don't fret. You can always donate to the Oregon Firearms Federation for free and help them fight for you! They will be getting my annual donation early this year.

The practice and procedure governing a petition to the Supreme Court to review a ballot title shall be:

(1) Any elector dissatisfied with a ballot title provided by the Attorney General under
ORS 250.067 or ORS 250.075(2), or by the Legislative Assembly under ORS 250.075(1), may file with the Administrator a petition to review the ballot title.

(2) The petition must be filed within 10 business days after the day upon which the Attorney General certifies the ballot title to the Secretary of State, or the Legislative Assembly files the ballot title with the Secretary of State. If a petition is mailed to the Administrator in compliance with ORAP 1.35(1), then the petition is deemed filed when mailed; otherwise, a petition is deemed filed when actually received by the Administrator.

(3) The form of the petition shall comply with ORAP 7.10 governing motions. The petition shall have a title page containing:

(a) A case title in which the party petitioning for review is designated as the petitioner and the Attorney General is designated as the respondent.

(b) The title "Petition to Review Ballot Title Certified by the Attorney General".

(c) The date the ballot title was certified.

(d) The chief petitioner referred to in ORS 250.045

(e) The litigant contact information required by ORAP 1.30

(4) The body of the petition shall be no longer than 10 pages and:

(a)Shall state the petitioner's interest in the matter, whether the petitioner is an elector, and whether the petitioner timely submitted written comments on the draft ballot title.

(b) Shall include the reason the ballot title does not substantially comply with the requirements of ORS 250.035, and a request that the Supreme Court certify to the Secretary of State a ballot title that complies with the requirements of ORS 250.035 in lieu of the ballot title challenged by petitioner or refer the ballot title to the Attorney General for modification.

(c) May include under the heading "Arguments and Authorities" legal arguments and citation of legal authorities.

(5)(a) The petition shall have attached to it a copy of the ballot title as certified to or filed with the Secretary of State and containing the full text of the ballot title and a photocopy of the text of the measure as submitted to the Secretary of State.

(b) The petition shall show proof of service on the Attorney General, as well as any chief petitioner who did not file the petition to review the ballot title and proof of written notification to the Secretary of State that the petition has been filed.

(c) The original petition shall be filed. The petition shall be accompanied by the filing fee required for an original proceeding in the Supreme Court

(6) The Attorney General has seven business days after the filing of the petition,
unless a shorter time is ordered by the court, to:

(a) File the draft ballot title, the certified ballot title, the Attorney General's letter of transmittal to the Secretary of State and, if not overly lengthy, written comments received by the Secretary of State concerning the draft ballot title. In addition, the Attorney General may provide the court with the text of the certified ballot title, and any subsequent modified ballot title, by electronic mail.

(b)File an answering memorandum. If the Attorney General claims that textas contained in the petition is in error, the Attorney General must file an answering memorandum pointing out the discrepancy; otherwise, the Attorney General may submit a letter waiving the filing of an answering memorandum. Any answering memorandum must be in the form prescribed by ORAP 7.10 for answers to motions and may not be longer than 10 pages, except that when the court has consolidated review of more than one petition to review a ballot title in one proceeding, the length of the answering memorandum may be increased by five pages per each additional petition. The Attorney General must file the original answering memorandum, with proof of service on counsel for the petitioner. The answering memorandum may set forth concisely the reasons why the Attorney General believes the ballot title filed with the Secretary of State substantially complies with the requirements of ORS 250.035 or, alternatively, may suggest alterations that in the Attorney General's judgment would make the ballot title substantially comply. The answering memorandum may also contain under separate heading legal arguments and citation to legal authorities.

(7) Any person who is interested in a ballot title that is the subject of a petition, including the chief petitioner of a measure, may file a motion in the form prescribed by ORAP 7.10, asking leave of the Supreme Court to submit a memorandum as anamicus curiae. The motion must be accompanied by the proposed memorandum that the amicus curiae intends to submit. The proposed memorandum must be in the form prescribed by ORAP 7.10 for answers to motions and may not be longer than 10 pages. The motion and proposed memorandum must be filed and served on or before the date that the answering memorandum is due. If a party seeks to appear as an amicus curiae after the Attorney General has filed a modified ballot title after referral from the Supreme Court, then the motion and memorandum must be filed with and actually received by the Administrator and must be served on and actually received by all parties within five business days after the date that a party has filed an objection.

(8) The petitioner has five business days after the filing of the answering memorandum, unless a shorter time is ordered by the court, to file a reply memorandum. Any reply memorandum must be in the form prescribed by ORAP 7.10 for answers to motions and must not be longer than five pages. The petitioner must file the original reply memorandum, with proof of service on the Attorney General.

(9) After the filing of all memoranda permitted, the Supreme Court will consider the matter without the filing of briefs or presentation of oral argument unless otherwise ordered by the court, either on its own motion or on request of a party. If the court orders oral argument, the petitioner shall argue first. Unless otherwise ordered by the court, an amicus curiae may not participate in oral argument.

(10)(a) For ballot title review proceedings in which the Supreme Court has referred the Attorney General's certified ballot title to the Attorney General for modification, the Attorney General must prepare a modified ballot title. The modified ballot title must be filed with and actually received by the Administrator, and it must be served on and actually received by all parties, within five business days after the date of the referral.

(b) The petitioner, or an intervenor under paragraph (10)(c), may file an objection to the modified ballot title within five business days after the date of filing of the modified ballot title. An objection or proposed objection under paragraph (10)(c) must be in the form prescribed by ORAP 7.10, and it may not exceed 10 pages. The objection or proposed objection must be filed with and actually received by the Administrator within the time required. The objection or proposed objection must be served on and actually received by all parties within five business days after the date of filing of the modified ballot title. The objection or proposed objection may be filed and served by telephonic facsimile communication as provided by ORAP 7.35(3). A party may file a response to the objection or proposed objection within five business days after the date of filing of the objection, unless the court otherwise directs.

(c) A person who submitted written comments to the Secretary of State under ORS 250.067 regarding the original ballot title, or the chief petitioner, may seek to intervene as a party to object to a modified ballot title when the Supreme Court has referred the Attorney General's certified ballot title to the Attorney General for modification. The person must file a motion to intervene, together with a proposed objection to the modified ballot title, within five business days after the date the modified ballot title has been filed. The motion and proposed objection must comply with the filing and service requirements prescribed by paragraph (10)(b). The proposed objection may assert only that the modifications by the Attorney General themselves have caused the modified ballot title to not comply substantially with the requirements of ORS 250.035

Ballot Title Challenge Form-Once you have completed the procedure above to file a petition with the Oregon Supreme Court to review the Certified Ballot Title, you must file this form with the Secretary of State to notify them that you have filed a ballot title review petition.

What we need to be doing currently is educating everyone we know about what this initiative really does and be sure they are aware that it is not limited to banning "Assault Weapons". That way, if a petitioner asks them to sign it they will know exactly what is being asked of them.

Complete State Initiative and Referendum Manual-Petitioners and circulators must follow the rules on pages 22-26 when gathering signatures. Please print these and get familiar with them. If you see petitioners or circulators in our communities, observe them to be sure they are following these rules, but don't harass them. Record observed violations noting the location, date, time, and name(s) of petitioners or circulators, if possible, so you can file a complaint. Complaints can be filed by email at [email protected] and must follow the guidelines on page 66 of this document.

Read More

 

[CoastRange57]

I got this off a Facebook page, maybe it is worth something. I AM NOT THE AUTHOR.

INITIATIVE 43 Oregon's Gun Ban/Gun Grab Measure

How We Can Impede Progress or Even Stop Initiative 43 From Making It To The November Ballot

Yes that's correct, we have a real opportunity during the six step initiative qualification process to impede their progress making it even more difficult to gather the required signatures to qualify it for the November ballot!

There are six critical steps that must be completed BEFORE Initiative 43 (the semi-auto gun ban/confiscation/gun registering) can be put on the November ballet.

*******DURING BALLOT TITLE PROCESS IS WHERE WE CAN IMPEDE THEIR PROGRESS TO QUALIFY INITIATIVE 43 FOR THE NOVEMBER BALLOT!!!******

We will soon have a determination from the Secretary of State on the validity of the sponsorship signatures turned in for gun banning/gun confiscation ballot. 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. The title can not mislead the voters of Oregon.

AFTER the AG submits the draft title to the Elections Department the public is given 10 business days to comment and object to the proposed ballot titled.
- Example: if the AG draft ballot is titled "Assault Weapons Ban" or something like "Promote Public Safety by Banning Assault Weapons" under authority of ORS 250.085, we (YOU) can submit objections that the draft ballot title is intended to mislead Oregon voters because Initiative 43 goes beyond so-called assault rifles. It includes a ban on most semi-auto pistols and semi-auto shotguns. We can also object because the proposed ballot title is politically charged, emotionally laden and misleads Oregon voters

WHY IS APPEALING THE PROPOSED BALLOT TITLE SO IMPORTANT?

Because IT BARS THE PETITIONERS OF INITIATIVE 43 FROM GATHERING SIGNATURES needed to qualify the initiative for the November ballot. Until the appeal process is completed including a review by the State Supreme Court.

Without an appeal the Initiative 43 backers will be able to start collecting signatures by ~ MAY 17th at the earliest. But if they face a "Ballot Title Appeal" we can delay the signature gathering effort to Some time in June leaving them very little time to gather the required 88,164 signatures. In addition, it is expected after expected a well know Oregon Pro-Gun Organization will then appeal the Ballot to the Supreme Court delaying the signature gathering effort!

Just so everyone knows the people behind Initiative 43 only have until July 6th to turn in the 88,000 signatures required to make the November Ballot!

Signed up for the Initiative 43 alerts which includes notification of the 10 day objection period. We need everyone opposed to this gun grab to submit your objections to the ballot title!
- Here is the link to sign up for notifications; http://sos.oregon.gov/…/initiatives-referendums-referrals.a…. On the right side of the webpage click on the "Subscribe to receive email updates about Initiatives, referendums and referral then follow the sign up instructions.

 

[1Asterisk]

We can also file an IRS complaint against Pastor Walter "Mark" Knutson of Augustana Lutheran Church, one of the Chief Petitioners named on IP 43, due to excessive lobbying by him and his organization which is a potential violation of their 501(c)(3) tax-exempt status. Information on filing the complaint can be found in the links below.

IRS Complaint Form 13909-Filed against Pastor Walter (Mark) Knutson of Augustana Lutheran Church for excessive lobbying. You may need to download the form using the down arrow in the upper right of your PDF viewer in order to access the fillable version of the form. The email address to send the form to is on the form itself. A sample complaint text is posted below, and the EIN# for the church is 930454762.
Augustana Lutheran Church Website
Initiative Petition 43 Details including contact numbers for the Chief Petitioners

This is an excellent idea. And it can be done anonymously. I've just mailed off a complaint using Defense Minister's sample complaint text. The rest of the information you will need to complete the form is at the link to the church website.
Let's give back better than they are dishing to us. The more complaints the IRS gets, perhaps the more serious they will be about following up on it.
Thanks Defense Minister.

 

[Cavedweller]

I'm not clear on the Ballot Title Challenge process. The form seems to indicate that a petition must be filed with the State Supreme Court, and the form itself is not a challenge, but only information for the Elections Division. Is this correct? If so, how does one petition the Supreme Court?

 

[1Asterisk]

Ballot Title Appeal
ORS 250.085
A registered voter who submitted timely written comments on the draft ballot title, and is dissatisfied with the
certified ballot title issued by the Attorney General, may petition the Oregon Supreme Court to review the ballot
title. The petition must name the Attorney General as the respondent.
For correct procedures on filing an Oregon Supreme Court challenge, refer to the Oregon Rules of
Appellate Procedure, Rule 11.30.
Contact the Oregon Supreme Court for more information at 503 986 5555.
A registered voter who files a petition to review the certified ballot title is required to provide notice to the
Elections Division by completing and filing:
Form SEL 324 Notice of Ballot Title Challenge – State Initiative, Referendum, Referral
If this notice to the Elections Division is not timely filed, the petition to the Supreme Court may
be dismissed.
Supreme Court Review
After a petition to review the ballot title is filed, the Supreme Court conducts the review and determines
whether the certified ballot title complies with the statutory requirements or does not comply with the
statutory requirements. If the court determines that the certified ballot title does not comply with the statutory
requirements, the Supreme Court may:
 modify the ballot title
or
 refer it to the Attorney General for modification.
State Initiative and Referendum Manual 22
Forms are available online at www.oregonvotes.gov.
Any party to the ballot title review proceeding may file an objection to the modified ballot title. If no objection
is filed by the deadline, the court certifies the modified ballot title to the Elections Division. When an objection is
filed timely the Supreme Court reviews the modified ballot title to determine if it complies with statutory
requirements.
This process is repeated until a ballot title is finalized by the Supreme Court and an appellate judgment
is received by the Elections Division.


Oregon Rules of Appellate Procedure can be found here http://www.courts.oregon.gov/rules/ORAP/2017_ORAPs.pdf
Rule 11.30 is on page 145 of the document

 

[Cavedweller]

1. So, if you didn't challenge the draft title, you can't challenge the certified title. Has the draft title already been issued? They've been collecting signatures, the manual says the draft title is on all signature sheets. You've got to challenge the draft within 10 days. Is it too late?

 

[1Asterisk]

Short answer [to the best of my knowledge] is - No, it is not too late.
They have been gathering 'Sponsorship signatures'. The Elections Div. has yet to certify that they have obtained enough signatures.
"If enough signatures are approved, the measure is sent to the Attorney General to create a proposed "draft ballot title".
"AFTER the AG submits the draft title to the Elections Department the public is given 10 business days to comment and object to the proposed draft ballot title". The AG then has 10 days to review any public comments filed during that previous 10 day comment period, before issuing the 'certified' ballot title. We need to barrage the AG with comments so that it takes her the full 10 days to review them all.
After the certified ballot title is issued, anyone who submitted comment during the 10 day window, now has 'standing' to file a
'PETITION TO REVIEW BALLOT TITLE CERTIFIED BY THE ATTORNEY GENERAL' in the Oregon Supreme Court, if you choose to do so.

 

[Cavedweller]

Short answer [to the best of my knowledge] is - No, it is not too late.
They have been gathering 'Sponsorship signatures'. The Elections Div. has yet to certify that they have obtained enough signatures.
"If enough signatures are approved, the measure is sent to the Attorney General to create a proposed "draft ballot title".
"AFTER the AG submits the draft title to the Elections Department the public is given 10 business days to comment and object to the proposed draft ballot title". The AG then has 10 days to review any public comments filed during that previous 10 day comment period, before issuing the 'certified' ballot title. We need to barrage the AG with comments so that it takes her the full 10 days to review them all.
After the certified ballot title is issued, anyone who submitted comment during the 10 day window, now has 'standing' to file a
'PETITION TO REVIEW BALLOT TITLE CERTIFIED BY THE ATTORNEY GENERAL' in the Oregon Supreme Court, if you choose to do so.

Thanks. That helps a lot. I'm sure the manual is crystal clear to the guy who wrote it, but not very helpful if you are unfamiliar with the process. At least I didn't find it so. I've signed up for the Sec of State emails. I'll be watching for the draft title.

 

[JavaDude]

2018 Initiative Petition #43 Draft Ballot Title Requested

Oregon - 2018 Initiative Petition #43 Draft Ballot Title Requested

 

[JavaDude]

Short answer [to the best of my knowledge] is - No, it is not too late.
They have been gathering 'Sponsorship signatures'. The Elections Div. has yet to certify that they have obtained enough signatures.
"If enough signatures are approved, the measure is sent to the Attorney General to create a proposed "draft ballot title".
"AFTER the AG submits the draft title to the Elections Department the public is given 10 business days to comment and object to the proposed draft ballot title". The AG then has 10 days to review any public comments filed during that previous 10 day comment period, before issuing the 'certified' ballot title. We need to barrage the AG with comments so that it takes her the full 10 days to review them all.
After the certified ballot title is issued, anyone who submitted comment during the 10 day window, now has 'standing' to file a
'PETITION TO REVIEW BALLOT TITLE CERTIFIED BY THE ATTORNEY GENERAL' in the Oregon Supreme Court, if you choose to do so.

I foud this information on Ballotpedia.

Laws governing the initiative process in Oregon - Ballotpedia

Litigation

Any person may appeal the secretary of state's decision on whether the prospective initiative complies with the state constitution. These appeals should be filed in the Marion County Circuit Court within 60 days of the decision in question. Challenges to the approved ballot title can only be filed by Oregon voters who officially commented on the draft title. These challenges should be filed in the Oregon Supreme Court. Any person may challenge the explanatory statement or financial estimate. These challenges should also be filed in the Oregon Supreme Court.[6]

 

[jp1985]

Is anyone going to the ralley tomorrow?

I need to ask a few questions about it.

 

[Izzy1321]

Is anyone going to the ralley tomorrow?

I need to ask a few questions about it.

I'm coming up from Roseburg with 2 other people. I don't know if others are coming from here. Got signs made up.....
Has anyone called the news tip lines to alert the media about this??
I have been calling Eugene TV stations.

 

[JavaDude]

It's Time!!!

2018 Initiative Petition #43 Draft Ballot Title

Secretary of State
Elections Division
oregonvotes.gov

Contact: [email protected] | 503-986-1518 | Toll Free 1-866-673-VOTE
Initiative Petition

The Elections Division received a draft ballot title from the Attorney General on April 24, 2018, for Initiative Petition 2018-043, proposed for the November 6, 2018, General Election.

Caption
Criminalizes possession or transfer of "assault weapons" (defined) or "large capacity magazines" (defined), with exceptions

Chief Petitioners
Walter John Knutson, 4526 NE 27th Ave Portland, OR 97211
Michael Z. Cahana, 3139 SW Fairmount Blvd. Portland, OR 97239
Alcena E. Boozer, 5256 NE 48th Ave. Portland, OR 97218

Comments
Written comments concerning the legal sufficiency of the draft ballot title may be submitted to the Elections Division. Comments will be delivered to the Attorney General for consideration when certifying the ballot title.

Additionally, the Secretary of State is seeking public input on whether the petition complies with the procedural constitutional requirements established in the Oregon Constitution for initiative petitions. The Secretary will review any procedural constitutional comments received by the deadline and make a determination whether the petition complies with constitutional requirements.

To be considered, draft ballot title comments and procedural constitutional requirement comments must be received in their entirety by the Elections Division no later than 5 pm:

Comments Due
May 8, 2018

Where to Submit
Scan and Email: [email protected]
Fax: 503.373.7414
Mail: 255 Capitol St NE Ste 501, Salem OR 97310

More information, including the draft ballot title and text of the petition, is contained in the IRR Database available at www.oregonvotes.gov.

 

[Pete F]

I have so many edits to this title that I don't know where to start. I know that it should be brief and descriptive, but what portions make the most sense to attack?

 

[Oathkeeper1775]

Thursday!

Come hellorhighwater....

 

[bolus]

I have so many edits to this title that I don't know where to start. I know that it should be brief and descriptive, but what portions make the most sense to attack?

probably that "assault weapon" really means every semi-auto firearm in this initiative and to use "all semi-auto firearms" in the title

 

[JavaDude]

Here is what OFF shows on their page.

OFF: Clearly the simple use of the meaningless term "assault weapon" is misleading and inflammatory. The title also makes no mention of the fact that magazines will have to be "registered" something that is essentially not possible.

How in the hell can we register a magazine? There are no serial numbers on them.

Ballot Title For Measure 43 Released. - Oregon Firearms Federation

 

[JavaDude]

probably that "assault weapon" really means every semi-auto firearm in this initiative and to use "all semi-auto firearms" in the title

I understand the part where we contest the title, but are we also supposed to suggest an alternate title?

 

[bolus]

I understand the part where we contest the title, but are we also supposed to suggest an alternate title?

I would not suggest another title. no need to help them out. Just tell them what is wrong with it. If you ask the average person who does not own a firearm what they think assault weapon means, they are not going to name the 1911 or a ruger mini 14. They are going to name the AR15 and may be an AK.

It is disingenuous to say this is banning "assault weapons" went it really means almost every firearm produced today. It's like saying "this initiative is to ban race cars on the street" and then in the actual definition say a race car is "any vehicle capable of going over 25 mpg and capable of being driven on a street with turns"

Plus why are they called "assault" anything. They should be called "battery" weapons.

All that being said, I have no trust in the Oregon Attorney General. Their office would not even reply to the ATF when they asked if SB 941 banned the C&R FFL (or me despite 20 some attempts to contact them). If they dont even give a crap about requests from the ATF, why would they give a crap about anyone else in Oregon.

 

[Oathkeeper1775]

I understand the part where we contest the title, but are we also supposed to suggest an alternate title?

My suggestion;

"Unconstitutional Gun Control"