2014 State Measures

These measures will be decided in the November general election, along with federal, legislative and local candidate races. These summaries will appear in the Voters’ Pamphlet.

For more detail on each measure, click here, then on ‘Measures’ on the left of the Secretary of State’s website.

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Measure 86—Amends Constitution: Requires creation of fund for Oregonians pursuing post-secondary education, authorizes state indebtedness to finance fund

Summary: Amends Constitution. Oregon constitution generally prohibits the state from extending credit or incurring debt. Measure requires the legislature to create dedicated fund for exclusive benefit of Oregon students pursuing post-secondary education, including technical, professional and career training. Measure authorizes state to lend credit and incur debt to finance fund. Indebtedness incurred may not exceed one percent of real market value of all property in state. Moneys in fund not subject to constitutional limitations on investment. Generated earnings must be retained by fund, unless used to provide financial assistance to Oregon students pursuing post-secondary education. If governor declares an emergency, legislature may pass a bill to use the fund’s money for any lawful purpose, provided the legislature also has approved a plan to repay the fund.

Measure 87—Amends Constitution: Permits employment of state judges by National Guard (military service) and state public universities (teaching)

Summary: Article III, section 1, of Oregon Constitution (“separation of powers” clause) prohibits person from serving in more than one branch of government at the same time; Oregon Supreme Court has ruled that provision prohibits state court judges from teaching at institutions of public education. Article II, section 10, prohibits state court judges from being compensated for military service in National Guard. Measure amends constitution to authorize any public university as defined by law to employ state court judges for purpose of teaching at Oregon public universities. Measure also authorizes employment of state court judges by Oregon National Guard for purpose of military service. Measure provides that such educational or military employment shall not preclude person from serving as state judge at same time. Other provisions.

Measure 88—Provides Oregon resident “driver card” without requiring proof of legal presence in the United States

Summary: Current law requires any applicant for an Oregon driver license or permit to provide proof of legal presence in the United States. Measure directs the Department of Transportation to issue a “driver card” to an applicant who does not provide proof of legal presence in the United States, but who has otherwise complied with all Oregon requirements for the type of driving privileges sought, has provided proof of residence in Oregon for more than one year, and has provided proof of identity and date of birth. The driver card may not be used as identification for air travel, to enter a federal building, to register to vote or to obtain any government benefit requiring proof of citizenship or lawful presence in United States. Other provisions.

Measure 89—Amends Constitution: State/political subdivision shall not deny or abridge equality of rights on account of sex

Summary: Under Article I, section 20, of the Oregon Constitution, laws granting privileges or immunities must apply equally to all persons. The Oregon Supreme Court has held that that provision prohibits laws treating people differently based on sex unless justified by specific biological differences. No current provision in constitution expressly states that prohibition. Measure amends Article I by creating new section 46, which provides that equality of rights under the law shall not be denied or abridged by the state or any political subdivision on account of sex. Measure authorizes legislature to enforce that provision by appropriate legislation. Measure provides that nothing in section 46 “shall diminish a right otherwise available to persons under section 20 of this Article or any other provision of this Constitution.”

Measure 90—Changes general election nomination processes: provides for single primary ballot listing candidates; top two advance

Summary: Currently, each major party has a separate primary election ballot. Major party’s registered voters nominate party’s candidates; others’ primary ballots include only nonpartisan candidates; all vote for one candidate per office. General election ballot may include multiple candidates per office: unaffiliated, major, minor party candidates. Measure replaces that system for most partisan offices, including many federal (not Presidential), all state, county, city, district offices. Single primary ballot lists all candidates for each office. Voters may vote for any candidate, regardless of voter’s or candidate’s party affiliation. Only top two candidates per office appear on general election ballot; may be from same party. Primary, general election ballots must contain candidates’ party registration/endorsements. Eligible person, regardless of party, may be selected to fill vacancy. Other provisions.

Measure 91—Allows possession, manufacture, sale of marijuana by/to adults, subject to state licensing, regulation, taxation.

Summary: Currently, cultivation, possession, delivery, sale of marijuana are unlawful, excepting regulated production, possession, use of medical marijuana. Measure allows production, processing, delivery, possession, sale of marijuana to adults, licensed, regulated by Oregon Liquor Control Commission (OLCC). Marijuana producer, processor, wholesaler may deliver “marijuana items” (defined) only to/on licensed retail premises. OLCC collects tax imposed on marijuana producer at different rates for marijuana flowers, leaves, immature plant. “Homegrown marijuana” (defined) not regulated, taxed. Tax revenues, fees fund OLCC suspense account, Oregon Marijuana Account distributed: 40% to Common School Fund; 20% for mental health/alcohol/drug services; 15% for state police; 20% for local law enforcement; 5% to Oregon Health Authority. “Marijuana paraphernalia” (defined) excluded from “drug paraphernalia” laws. Other provisions.

Measure 92—Requires food manufacturers, retailers to label “genetically engineered” foods as such; state, citizens may enforce.

Summary: Current law does not require labeling of “genetically engineered” food. Measure requires retailers of genetically-engineered raw food to include “Genetically Engineered” on packages, display bins, or shelves; suppliers must label shipping containers. Requires manufacturers of packaged food produced entirely or partially by genetic engineering to include “Produced with Genetic Engineering” or “Partially Produced with Genetic Engineering” on packages. Defines “genetically engineered” food as food produced from organisms with genetic material changed through in vitro nucleic acid techniques and certain cell-fusing techniques; exempts traditional plant-breeding techniques like hybridization. Does not apply to animal feed or food served in restaurants. Directs agencies to implement law. Permits state, injured citizen to sue manufacturer, retailer for knowing/intentional violation; attorney fees for prevailing citizen. Other provisions.

Visit the WHAT LEGISLATORS SAY page for their comments on critical topics. Also check out candidate’s answers on important issues.