2.977 Elections – Initiative and Referendum, Preparation of Ballot Title – Appeal.
(1) Within five business days following the city attorney’s receipt of a prospective petition for an initiative or referendum measure, the city attorney shall review the prospective petition for legal sufficiency, and, if appropriate, issue a ballot title.
(a) If the city attorney determines that the prospective petition is legally insufficient, the city attorney shall inform the city recorder in writing of the reasons for that determination. The city recorder shall return the prospective petition to the chief petitioners, along with a copy of the city attorney’s written determination.
(b) If the city attorney determines that the prospective petition is legally sufficient, the city attorney shall prepare a ballot title and deliver it to the city recorder. The city recorder shall provide a copy of the ballot title to the chief petitioners.
(2) Within five business days following the council’s decision to submit legislation to the electors under subsection 2.971(3) of this code, the city attorney shall prepare a ballot title and deliver it to the city recorder.
(3) The ballot title of any measure to be initiated or referred shall comply with the state statutes in effect at the time the ballot title is prepared. The ballot title shall not resemble, to the extent it creates confusion, any ballot title previously prepared for a measure to be submitted to the electors at the same election.
(4) Upon receiving a ballot title for a city measure from the city attorney, the city recorder shall publish in the next available edition of a newspaper of general circulation in the city a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in subsection (5) of this section.
(5) An elector dissatisfied with the ballot title may, within seven business days after it is delivered to the city recorder, petition the Lane County Circuit Court seeking a different ballot title and stating the reasons that the title prepared by the city attorney is insufficient, not concise or unfair. The petition shall name the city attorney as respondent. The court shall review the ballot title and measure to be initiated or referred, hear arguments, if any, and certify to the city recorder a ballot title for the measure which meets the requirements of state statutes in effect at the time the ballot title is prepared.