Measure No. 53
Senate Joint Resolution27--Referred to the Electorate of Oregon by the 1997 Legislature to be voted on at the Biennial Primary Election, May 19, 1998.
BALLOT TITLE
53
AMENDS CONSTITUTION: ELIMINATES VOTER TURNOUT REQUIREMENT FOR PASSING CERTAIN PROPERTY TAX MEASURES
RESULT OF "YES" VOTE: "Yes" vote eliminates 50 percent voter turnout requirement for passage of certain property tax measures.
RESULT OF "NO" VOTE: "No" vote retains 50 percent voter turnout requirement for passage of certain property tax measures.
SUMMARY: Amends constitution. Ballot Measure 50, passed in 1997, allows passage of certain local property tax measures by majority vote only if: at least 50 percent of registered voters cast ballots; or measure is voted upon in a general election held in an even-numbered year. This measure would eliminate the 50 percent voter turnout requirement for all elections held on or after May 19, 1998. Thus, the measure would permit approval of local property tax measures by majority vote regardless of voter turnout.
ESTIMATE OF FINANCIAL IMPACT: Passage of Measure 53 will result in a direct reduction of annual local government expenditures in Oregon estimated at $175,000. The estimate is based on the assumption that at least one election occurs annually in each Oregon county requiring an eligibility review of 10 percent of a county's registered voters. Fewer elections or fewer challenged voters would reduce savings. More elections or more challenged voters would increase savings.
Be It Resolved by the Legislative Assembly of the State of Oregon:
PARAGRAPH 1. The Constitution of the State of Oregon is amended by creating a new section 11k to be added to and made a part of Article XI and to read:
SECTION 11k. Notwithstanding subsection (8) of section 11 of this Article, an election to which subsection (8) of section 11 of this Article applies that is held on or after May 19, 1998, shall authorize the matter upon which the election is held if the matter is approved by a majority of voters voting on the matter.
PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at a special election held throughout this state on the same date as the next biennial primary election.
NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates deletions or comments.
EXPLANATORY STATEMENT
Measure 53 was referred to voters by the state legislature. Measure 53 repeals a provision of Measure 50, a constitutional amendment approved by voters in 1997. That provision requires a minimum of 50 percent voter turnout in elections to approve certain measures which would increase property taxes.
Under the recently enacted Measure 50, now current law, certain measures to increase property taxes can only be approved if both of the following requirements are met:
(1) At least 50 percent of registered voters eligible to vote in the election cast a ballot; and
(2) A majority of voters voting on the question vote "Yes."
The 50 percent voter turnout requirement is not required for measures appearing on the ballot in the general election held in November of an even numbered year. However, for all elections other than a general election, the Oregon Constitution currently requires both a 50 percent voter turnout and a majority of voters voting "Yes" to approve a measure which does any of the following:
- Imposes temporary local option property taxes in excess of a district's permanent rate limit.
- Incurs bonded indebtedness, the principal and interest of which is to be paid by property taxes that are not subject to the permanent rate limit or other limitation under section 11 or 11b, Article XI of the Oregon Constitution.
- Establishes a permanent rate limit for operating taxes for the district if the affected district has not previously imposed ad valorem property taxes.
- Amends a local government charter to permit increased tax levies for local government pension and disability plan obligations.
Measure 53 would eliminate the 50 percent voter turnout requirement for all elections held on or after May 19, 1998. If Measure 53 passes, any measure which would increase property taxes in a manner described above could be approved by a majority of voters voting in the election, without regard to the percentage of eligible voters who participate in the election.
| Committee Members: | Appointed by: |
| Senator Randy Miller | President of the Senate |
| Representative Mike Lehman | Speaker of the House |
| Senator Gene Derfler | Secretary of State |
| Bill Sizemore | Secretary of State |
| Kathleen Beaufait | Secretary of State |
(This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.)
LEGISLATIVE ARGUMENT IN SUPPORT
Restore the value of voting--the most basic democratic
principle--by voting "yes" on Ballot Measure 53.
Voting "yes" on this measure removes the confusing and troublesome double majority requirement placed in the Oregon Constitution by Ballot Measure 47 in 1996.
Since the passage of the double majority requirement, Oregon has already seen some confusing election results. In the March 1997 election, there were at least 12 local levies and bonds that received the approval of those who voted, but failed because turnout was less than 50%. We believe this degrades the value of voting and rewards those who don't participate.
The double majority is an offense to the principles of democracy.
It allows an election to be determined by nonparticipants. By not casting a ballot, a person is able to register a "no" vote. In a democracy, issues should be decided by those who participate in the election, not by those who choose not to be involved.
Oregonians voted down a super majority.
More than 88% of voters opposed Ballot Measure 46 in 1996. That measure would have imposed a similar super majority requirement. Oregonians believe that the voice of a majority should prevail.
The double majority is impractical and expensive.
County clerks routinely verify the eligibility of voters, but the double majority requirement effectively requires them to also verify the eligibility of those who don't vote. This has caused confusion and resulted in costly court challenges. Voter rolls are often inaccurate due to deaths, relocations, name changes, and limitations imposed by federal law.
Return the value of voting!
Vote "yes" on Ballot Measure 53 and restore common sense to our Constitution. Those who choose not to get involved or who are ineligible to vote should not have the power to determine election results.
Committee Members: Appointed by:
| Senator Randy Miller | President of the Senate |
| Representative Lee Beyer | Speaker of the House |
| Representative Mike Lehman | Speaker of the House |
(This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to ORS 251.245.)
ARGUMENT IN FAVOR
Should citizens be required to determine a voter's eligibility?
In March 1997, voters in the North Clackamas School District made heroic efforts to assure that this community would be prepared to meet our facilities needs for the next 15-20 years. With a 58 percent winning margin, and a 46 percent turnout, school supporters said clearly they were willing to pay for school construction. In spite of support at historically high numbers, the results didn't meet the requirements of current law. A decision was made to challenge the accuracy of the voter rolls.
Volunteers began a long campaign to verify voter eligibility. They visited 18,000 homes and gathered information about 28,000 voters. They found people:
* registered as living in a post office box or business;
* who had moved permanently out of state;
* who had moved permanently, but all their mail, including ballots, was being forwarded;
* who had died.
In essence they found a significant number of people who did not meet the legal requirement of being eligible to vote in the March election.
The battle continues today, a year later, with the outcome uncertain. But these things we know:
* currently, non-voters, including those who are dead, have more influence than those that vote;
* as many as 3500 more people could have voted no, the double majority requirement would have been met, and the measure would still have passed;
* the voter rolls are not accurate. There is no standard in place to assure that they will be;
* the cost to the District has been high. Instead of helping children in the classroom, volunteers have spent the last year trying to prove an unreasonable requirement;
* construction costs have risen. Even if we win, the money raised is likely to be less than what we need.
Remove the double majority. Let those that vote be the ones who count. Vote yes on Measure 53.
(This information furnished by Joan N. Smith, Citizens in Support of NC#12.)
(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
ARGUMENT IN FAVOR
The quality of our children's future rests with the ability of the adults around them to make actively concerned and thoughtful decisions on their behalf today.
The Oregon PTA Board of Directors supports and endorses Ballot Measure 53.
This board previously opposed Ballot Measure 46 (Nov. 1996), which would have required that 50 percent of registered voters participate in an election to pass a local tax levy. You may recall that Measure 46 failed overwhelmingly at the polls - the Oregon populace was appalled at the notion of "dead men" voting. Unfortunately, this unreasonable standard was also part of Measure 50 (passed in May 1997), and is currently law.
The 50 percent voter participation requirement goes against the basic principles of democracy. We ask those of you who agree to come forward and vote for Measure 53.
In addition to the impact this requirement has had on our schools, we are concerned about all issues that impact basic livability for our children in this state. The ability of a local community to determine its own needs and take action is critical to the very fabric of our lives. Whether the issue is related to schools, police or fire services, libraries, or sewers, those who care, become involved, become educated, and then vote should make decisions; not those who choose not to participate. Those who choose not to get involved or who are ineligible to vote should not have the power to determine election results.
We believe Oregon's voters will endorse this measure when they understand that in addition to verifying the eligibility of voters, county clerks must now verify the eligibility of those who do not vote. According to the financial impact statement prepared by the Secretary of State's office, passage of ballot measure 53 will save Oregon's taxpayers $175,000 per year.
Use your ability to make concerned, thoughtful decisions and vote YES on Measure 53: Oregon's children deserve no less.
(This information furnished by Dian Anderson, President, and Kathryn Firestone, Vice President, Oregon PTA))
(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argumen.
ARGUMENT IN FAVOR
Is it FAIR that a person who doesn't vote has more impact on an election than a person who casts a ballot?
Is it FAIR that people who don't vote can override the decision of those who do vote?
Is it FAIR that thousands upon thousands of your tax dollars be spent to find out that voters still live where they say they live?
Those of us whom you have elected and chosen to oversee your elections don't think any of these things are fair, yet they are exactly what is happening in Oregon under the current law.
We encourage you to vote YES on Measure 53 and do away with these unfair influences on your elections.
If a double majority requirement is good policy, then we need a good law that will work. The current law is impossible to administer fairly and accurately. We think Oregonians deserve better.
We are Oregon's County Clerks and Directors of Elections and we urge you to vote Yes on Measure 53.
Oregon Election Officials Committee
(This information furnished by Al Davidson, Oregon Election Officials Committee)
(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument
ARGUMENT IN FAVOR
MAKE YOUR VOTE COUNT AGAIN: VOTE YES ON MEASURE 53
When voting on Measure 53, Oregon's special service districts ask that you consider the following questions:
Do you believe a person who no longer lives in your district or community should have a vote on your services?
Do you believe a deceased person should count as a vote under any circumstances?
Do you support the court system determining election results sometimes months or years after the actual vote?
If you believe as we do that the answer to the above questions should be a resounding no, then we ask you to vote yes on Measure 53. This is our opportunity to correct a flaw in Ballot Measure 50, which requires a double majority vote on many elections. The idea sounded great: we should have a majority of registered voters determine money measures, but in execution is was seriously flawed. The fact is that with Oregon's very open voter registration process, and with federal "motor voter" laws, thousands of people are registered to vote who have little or no intention of participating in the election process. Worse, those who don't vote are counted as "no" votes! Any errors in voter lists are subject to court challenges which can delay election results for weeks or months.
As special districts we pride ourselves on being responsive to voters, but with the current laws it is difficult to know who the voters are and what their true will is.
In November, 1996 Oregonians, by an overwhelming 88%, rejected the double majority requirement. A YES vote on Ballot Measure 53 will repeal this ill conceived idea and allow your vote to fully count on all elections. Oregon's fire, water, sanitary, irrigation, port, park & recreation, 911, library and other districts urge your YES vote.
Duane Robinson, President Special Districts Association of Oregon
(This information furnished by Duane Robinson, President, Special Districts Association of Oregon.)
(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
ARGUMENT IN FAVOR
Our organization, "For Restoring Oregon's Governmental Services," (F.R.O.G.S.) strongly supports the passage of Measure 53, the repeal of the "DOUBLE MAJORITY RULE" for local special elections. We believe it is necessary to restore full democracy to our elections process.
We campaigned at the legislature to help pass this referral to the voters for a clean decision on whether or not Oregon's voters wanted to maintain this restrictive policy. This provision was, in effect, hidden within the total texts of Measures 47 and 50.
For 200 years Americans have made decisions by popular vote. Now in Oregon this "DOUBLE MAJORITY RULE" gives strong power to those who do not bother to vote. This strange constitutional provision has the effect of allowing voters who have moved away or died to have a role in determining the results of local special elections.
Several local elections in 1997 received a majority of votes cast, but failed to reach the 50% plus one tally of registered voters. We recognize that registration procedures do not have the instant capability to adjust to accurate figures. This results in a fictitious "registered voter total" which can prevent the majority of actual voters from prevailing!
Let's protect our Oregon tradition of one person, one vote! Those who actually vote are the ones who have always determined the outcome of elections in Oregon. Let us return to this great tradition of our proud past. One person, one vote!
We recommend you vote "YES!" on Measure 53!
Board of Directors, F.R.O.G.S.
Bob Davis, Chair
Herbert Duane Mohn, Treasurer
Joe W. Walker, Director
(This information furnished by Bob Davis, For Restoring Oregon's Governmental Services (F.R.O.G.S.).)
(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
ARGUMENT IN FAVOR
From the desk of Governor John A. Kitzhaber, M.D.
To Oregon Voters:
Communities all across our state need our help.
When a local community wants to expand its library, or when your child's school district needs to build a new elementary school, voters are asked to pass a bond measure to help solve the problem. Concerned voters, like you, carefully weigh the pros and cons of the issue and then vote accordingly.
Well, that's the way it used to work. The "double majority" law passed in 1996 gives more power to the nonvoter than to an informed and active participant like you.
Requiring the "double majority" takes the decision our of your hands and gives it to those individuals whom chose not to participate and even to those who have died or moved away.
That's not fair.
That is why I am asking you to support Ballot Measure 53. This measure will repeal the "double majority" and give the power back to you.
Help keep Oregon a great place to live. Vote Yes on Ballot Measure 53. It just makes sense.
Sincerely
John A. Kitzhaber
(This information furnished by John Kitzhaber.)
(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
ARGUMENT IN FAVOR
As Secretary of State and Oregon's chief elections officer, this is the first time I've submitted a Voter's Pamphlet statement on any issue.
I feel that strongly about the importance of passing Ballot Measure 53.
Measure 53 would repeal a little-noticed provision of the Oregon Constitution that was originally enacted in 1996 as part of a $1 billion cut in property taxes.
This provision allows non-voters to actually overturn certain decisions made by voting citizens even in cases where an overwhelming majority votes in favor. In some elections, a perverse opposition campaign might actually urge citizens not to vote at all as the best strategy to defeat a measure.
I strongly believe this provision violates basic standards of common sense andfairness and threatens our most fundamental democratic principles.
"Majority rule" is a basic principle of self-government. So, too, is the notion that one must actually cast a ballot to have a say in an election.
For most of our history, Oregonians have been well served by these basic rules. Passage of Measure 53 would restore them and prevent their continued erosion.
I know that opponents of Measure 53 will argue that this provision is important to help keep property taxes down.
But there are more direct ways to limit property taxes, consistent with democratic principles of self-government. Besides, where does such an argument end? Should all land-use and zoning issues also require a "double majority?" Health and safety measures? Adding or reducing environmental regulations?
There will always be those who believe their particular cause is so important that it justifies rigging the basic rules of the democratic process and who argue "the ends justify the means."
Fortunately, Oregonians have the chance to stand up for fair play and democracy by voting "YES" on Measure 53.
(This information furnished by Secretary of State Phil Keisling.)