Oregon Resources to Stop Initiative Petition 43

[Izzy1321]

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.

I call all guns, defensive weapons.

 

[Oathkeeper1775]

The form

 

[Izzy1321]

My suggestion;

"Unconstitutional Gun Control"

Exactly right.......a revolution is coming.

 

[Roger65]

So, just to clarify, the initial comments to the AG (not the Supreme Court Appeal) need only be a simple email to the AG's office, right?

This would just be a letter scanned and signed, no special cover letter or form. Just a short concise comment as to why the title is innacurate, signed scanned and sent by email.

Is that right?

 

[nammac]

So, just to clarify, the initial comments to the AG (not the Supreme Court Appeal) need only be a simple email to the AG's office, right?

This would just be a letter scanned and signed, no special cover letter or form. Just a short concise comment as to why the title is innacurate, signed scanned and sent by email.

Is that right?

Oathkeeper1775's post #22 contains the form that must be signed and submitted. So basically fill out the form, sign it, scan it and email it...

 

[Lonnie217]

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

4/24/2018-THIS IS WHERE WE ARE AT NOW AND FOR THE NEXT 14 DAYS (MAY 8 DEADLINE)! We need to flood the Secretary of State and Attorney General Ellen Rosenblum with written comments on the Draft Ballot Title. Everything we do to extend the process means less time they will have to gather signatures.

After a Draft Ballot Title has been provided, any registered voter has the right to submit written comments concerning the draft title to the Secretary of State Elections Division. Written comments can be as simple as an email, and you should identify yourself in the email using your first and last name as shown on your voter registration so that you can prove later that you provided comments.
ORS 250.035
The ballot title of any state measure to be initiated or referred shall consist of:

(a) A caption of not more than 15 words that reasonably identifies the subject matter of the state measure. The caption of an initiative or referendum amendment to the Constitution shall begin with the phrase, "Amends Constitution," which shall not be counted for purposes of the 15-word caption limit;

(b) A simple and understandable statement of not more than 25 words that describes the result if the state measure is approved. The statement required by this paragraph shall include either the ph1rase, "I vote" or "vote yes," or a substantially similar phrase, which may be placed at any point within the statement;

(c) A simple and understandable statement of not more than 25 words that describes the result if the state measure is rejected. The statement required by this paragraph shall not describe existing statutory or constitutional provisions in a way that would lead an average elector to believe incorrectly that one of those provisions would be repealed by approval of the state measure, if approval would not have that result. Any thing or action described both in the statement required by paragraph (b) of this subsection and in the statement required by this paragraph shall be described using the same terms in both statements, to the extent practical. Any different terms must be terms that an average elector would understand to refer to the same thing or action. The statement shall include either the phrase, "I vote" or "vote no," or a substantially similar phrase, which may be placed at any point within the statement; and

(d) A concise and impartial statement of not more than 125 words summarizing the state measure and its major effect

This 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.

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" or "Petition to Review Ballot Title Certified by the Legislative Assembly," as the case may be.

(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.

 

[Lonnie217]

My preference on the ballot title would be:

Criminalize ownership, sale, production of semi-auto rifles,handguns, shotguns, magazines of 11 rounds or more.

The way it is written by the Sec of State shows bias and is inflammatory by using the word "assault" . Then muddles up the title with words like "as defined" and "with exception". The current wording of the title prompts ignorant voters to simply check Yes without reading anything. Sec of State knows this, she wants the ban put in place with as many people who are uniformed as possible, simply voting based off of a salacious ballot title.

 

[Ura-Ki]

My preference on the ballot title would be:

Criminalize ownership, sale, production of semi-auto rifles,handguns, shotguns, magazines of 11 rounds or more.

The way it is written by the Sec of State shows bias and is inflammatory by using the word "assault" . Then muddles up the title with words like "as defined" and "with exception". The current wording of the title prompts ignorant voters to simply check Yes without reading anything. Sec of State knows this, she wants the ban put in place with as many people who are uniformed as possible, simply voting based off of a salacious ballot title.

^^^NAILED IT!^^^
I hope they actually name it how they actually want it, that should put the real fear into the voters still on the fence or those with out a clue! Criminalize ownership, sale, transfer, production of semi-auto rifles, handguns, shotguns, magazines of 10 rounds or more.
Do that, it will go down in smoke and fire quicker then a Jap Zero!

 

[Oathkeeper1775]

Another suggested ballot title:

"Conspiracy to Restrict Constitutional Rights; Title 18, Section 241, United States Code".

Going on Thursday morning!

 

[Lonnie217]

Here is the thing about this matter. If you choose to object to the ballot title, you need to follow how the court expects the objection to be filed. You NEED and want to include a new ballot title so that if the Supreme Court decides to rewrite the title, they will "mark up" the proposed document with the new language.

You want to have new language in front of the judges as far as the ballot title goes. We need the average joe who has a semi automatic hand gun, shotgun or .22 cal rifle for their kids, to understand, simply by reading the ballot title that the knee jerk vote on this is NO.

The dem's have it written so that the knee jerk reaction among the ignorant is YES.

They can't do it that way and it shouldn't be allowed. That is why I wrote the title the way I did. The SEC of State tried to put the description in the title, that statement belongs in another section of the ballot description. In effect, they are justifying why a YES vote should be made for THEIR case.

We need all the intelligent gun owners to write objections to this. A simple 5 second off hand canned comment won't get it done in the supreme court. Look, I've stood in front of the Supreme Court panel on two cases and I have case law in my name in the state of oregon now because of it, I fully understand what happens in that court room.

 

[Roger65]

Oathkeeper1775's post #22 contains the form that must be signed and submitted. So basically fill out the form, sign it, scan it and email it...

But isn't that form for the petition to the Supreme Court, which you can only do after you have sent in appeal letter to the AG?

 

[Izzy1321]

I think some folks here are confusing the Sec. of State with the AG.

 

[Legs]

Oathkeeper1775's post #22 contains the form that must be signed and submitted. So basically fill out the form, sign it, scan it and email it...

Not correct. That form is for notifying the SOS of you challenging the ballot measure title in the Supreme Court.

Cannot do that until after the comment period is over, 5 PM May 8, and SOS says it is now an initiative. For now we need comments sent to the SOS, stating the ballot title is not right. There are plenty of examples members are submitting that you can use. Remember to sign it (SOS rule).

 

[Roger65]

I think some folks here are confusing the Sec. of State with the AG.

That would be me. That's why this thread is so helpful.

 

[Cavedweller]

This morning I spoke with Lydia, compliance specialist at the Elections Division, regarding the process for making public comments on initiative draft ballot titles. All you need to do is type a letter addressed to the Attorney General expressing your thoughts, and include your name and address, as the AG will reply to your comments by mail. Email your letter to [email protected].

There is no particular format or form to be used at this stage. If you wish to see some sample letters, go to http://oregonvotes.org/irr/2018/001cmts.pdf .

The draft ballot title includes more than just the title:

1. A ballot title includes:
   
    a caption that does not exceed 15 words describing the subject of the petition;
    a statement that does not exceed 25 words describing the result if the petition is passed;
    a statement that does not exceed 25 words describing the result if the petition is rejected; and a summary that does not exceed 125 words describing the major effect of the petition.
   
   For IP 43, the complete draft ballot tile is:
   
   DRAFT BALLOT TITLE
   
   Criminalizes possession or transfer of "assault weapons" (defined) or "large capacity magazines" (defined), with exceptions
   
   Result of "Yes" Vote: "Yes" vote criminalizes possession/ transfer of "assault weapons" (defined)/ "large capacity magazines" (defined), with exceptions for military/ police/ registered owner approved by State Police
   
   Result of "No" Vote: "No" vote retains current laws, which bar possession of firearms by certain individuals, including convicted felons, some civilly committed persons, domestic abusers, other disqualified persons
   
   Summary: Measure criminalizes possession or transfer of "assault weapons" (defined)/ "large capacity magazines" (defined) except for military/ law enforcementpurposes, or persons authorized by State Police after criminal background check. Otherwise possession or transfer is a Class B felony. Within 120 days, persons lawfully owning such weapons or magazines must remove from Oregon, lawfully sell, surrender to law enforcement, render inoperable, or register items with State Police. Applies to inherited items. Bars moving covered items into Oregon. Assault weapons include certain semiautomatic rifles or pistols with a detachable magazine; pistol or rifles with a fixed magazine holding more than 10 rounds of ammunition; certain semiautomatic shotguns. Large capacity magazine is ammunition feeding device with capacity of more than ten rounds. Effective January 1, 2019. Other provisions.

 

[Defense Minister]

So, just to clarify, the initial comments to the AG (not the Supreme Court Appeal) need only be a simple email to the AG's office, right?

This would just be a letter scanned and signed, no special cover letter or form. Just a short concise comment as to why the title is innacurate, signed scanned and sent by email.

Is that right?

At this point, an email, scanned letter, or hardcopy mailed via USPS is all that is needed to provide comments on the Draft Ballot Title. While the SOS is collecting these comments, they will ultimately be handed to the AG Ellen Rosenblum for her consideration so that is who they should be addressed to.

Once the Certified Ballot Title has been disclosed, then you need to file a petition with the Oregon Supreme Court to challenge that, and the form is to notify the SOS that you have filed the petition with the OSC. I know it's confusing; I was confused too.

 

[nammac]

At this point, an email, scanned letter, or hardcopy mailed via USPS is all that is needed to provide comments on the Draft Ballot Title. Once the Certified Ballot Title has been disclosed, then you need to file a petition with the Oregon Supreme Court to challenge that, and the form is to notify the SOS that you have filed the petition with the OSC. I know it's confusing; I was confused too.

Appreciate the clarification, helps a lot to understand the proper steps to follow.

 

[Oathkeeper1775]

We have to fight; talking (typing) tough with the "cold dead hands" mantra on the internet (while hoping others will act), may feel good... But I believe each of us has a responsibility as Americans to fight for Individual Liberty; for future generations!

Violence can not be the first step; there are many-many steps to take before chosing apathy or violence.

We must fight!

What say you?

 

[Defense Minister]

What say you?

I say the more unique and thoughtful comments they receive the better, and I appreciate your taking the time to be active in the fight. Whether any of this will mean anything to an AG who seems to despise us as much as the folks that drafted this initiative remains to be seen, but we need them to know that we are here. Like someone else said in one of the IP 43 threads, they should receive no less than 25,000 comment submissions. Send it in!

 

[Pete F]

We have to fight; talking (typing) tough with the "cold dead hands" mantra on the internet (while hoping others will act), may feel good... But I believe each of us has a responsibility as Americans to fight for Individual Liberty; for future generations!

Violence can not be the first step; there are many-many steps to take before chosing apathy or violence.

We must fight!

What say you?

View attachment 454072

I am working on mine and it will be a little less blunt, but hopefully will express the same sentiment. Good for you.