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Friday, November 17, 2006

News BREAKING: Measure 47 Not Enforceable

Posted by Amy J. Ruiz on Fri, Nov 17 at 12:14 PM

We’ve got an update on a story in this week’s paper. Measure 47—which limits campaign expenditures and contributions—was in limbo.

As Scott wrote:

One of lawyer/activist Dan Meek’s ballot measures—Measure 47, which bans corporate and union money and sets up a stringent set of campaign finance rules for individuals—passed with around 54 percent of the vote. But Measure 46, the constitutional amendment that actually allows M47 to exist, failed with a whopping 60 percent no vote.

And that leaves the secretary of state’s office—which is charged with enforcing the law—scratching its head, unsure which parts of the law can be enacted. Meek says that much of M47’s rules are still enforceable, like the requirements on candidates who spend more than $5,000 of their own money to disclose how much they’ve spent on every campaign ad.

Today, John Lindback, Oregon’s Director of Elections, disagreed. He sent the chief petitioners a letter, letting them know that none of M47 will go into effect, thanks to M46’s failure.

Here’s the complicated reason why: One part of M47, “Section (9)(f),” says that if the constitution isn’t amended, “this Act shall nonetheless be codified and shall become effective at the time that the Oregon Constitution is found to allow, or is amended to allow, such limitation.” In other words, M47 will hang out in state law until the constitution is amended to allow limitations on political campaign contributions and expenditures.

In the meantime, however, the state isn’t going to let bits of M47—the parts not dealing directly with limits on campaign money—go into effect:

In consultation with the Attorney General, and consistent with legal advice provided by the Attorney General, I have made the following determinations: The plain text of Section (9)(f) requires that the entire measure be codified as part of the statutory law of Oregon. That text also specifies that “this Act”—referring singularly to the entire measure—will be ineffective until such time as “the Oregon Constitution is found to allow, or is amended to allow,” limitations on campaign contributions and expenditures. Because Measure 46 was not approved by the people, the conditions required… for Measure 47 to be operative will not have been fulfilled…. Accordingly, the effect… is that no part of the measure presently is enforceable. According to the plain, natural, and ordinary meaning of the words of Section (9)(f), all of Measure 47 will remain dormant

You can check out the rest of Lindback’s letter here.

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