Bowers v. Betschart

When two or more amendments to a county charter are submitted to the electors of the county at the same election, they shall be so submitted that each amendment shall be voted on separately.

Plaintiff gathered the pre-requisite number of voter signatures and filed an initiative to amend the Lane County Charter. Plaintiffs argue that the lower court erred in “upholding that Defendant’s conclusion that the disputed ballot measure failed to comply with the separate-vote requirement.” Plaintiff contends Defendant could not conduct separate-vote review because that infringes on the initiative power reserved by the people in the Oregon Constitution. Defendant argued that the initiative failed to comply with the “separate-vote” requirement and did not put the proposed measure on the ballot. When two or more amendments to a county charter are submitted to the electors of the county at the same election, they shall be so submitted that each amendment shall be voted on separately. This directs the county clerk to submit proposed amendments in a way ensuring “that each amendment shall be vote don separately.” The rule is a safeguard allowing voters to consider each amendment individually rather than all together unlike in the legislative process. Proposed initiatives may be evaluated before an election. The Oregon Constitution carries no prohibition against a separate-vote requirement. Affirmed.