S057318, Opinion — Caruthers v. Kroger

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On respondent's petition for reconsideration filed June 23, considered and under
advisement July 1,* petition for reconsideration allowed; former opinion modified
and adhered to as modified; order and amended order granting petition for
reconsideration, issued July 2, and July 7, respectively, withdrawn July 16, 2009

Jerry CARUTHERS
and Larry Wolf,
Petitioners,
U.
John R. KROGER,
Attorney General,
State of Oregon,
Respondent.
(SC S057318)
212 P3d 1264

# En Banc

Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan
LLP, Portland, filed the petition for review for petitioners.

Douglas F. Zier, Assistant Attorney General, Salem, filed
the petition for reconsideration and the answering memoran-
dum for respondent. With him on the petition for reconsider-
ation were John R. Kroger, Attorney General, and Jerome
Lidz, Solicitor General. With him on the memorandum were
John R. Kroger, Attorney General, and Mary H. Williams,
Solicitor General.

# PER CURIAM

The petition for reconsideration is allowed. The former
opinion is modified and adhered to as modified. The order
and the amended order granting the petition for reconsider-
ation, issued on July 2, 2009, and July 7, 2009, respectively,
are withdrawn.

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# PER CURIAM

The state has petitioned for reconsideration of this
court's opinion in Caruthers v. Kroger, 346 Or 300, 210 P3d
882 (2009). We allow the petition and modify the opinion by
replacing the text of the Attorney General's certified ballot
title, 346 Or at 302-03, with the following wording:

"AMENDS CONSTITUTION: NEW/RENEWED PROP-
ERTY TAX MEASURES EXCEEDING ONE MILLION
DOLLARS ALLOWED ONLY AT NOVEMBER GENERAL
ELECTION

"RESULT OF 'YES' VOTE: 'Yes' vote allows new/
renewed property tax measures exceeding one million dol-
lars over life of obligation to appear only on the November
general election ballot.

"RESULT OF 'NO' VOTE: 'No' vote retains current
law allowing approval of property tax measures (value
unrestricted) at May/November elections or at elections
with fifty-percent voter turnout.

"SUMMARY: Amends constitution. Current 'double-
majority' law allows measures increasing property taxes to
be approved only at election where at least fifty percent of
registered voters cast ballots or at May/November elec-
tions. Property tax measures raise money for local govern-
ment services, including schools, law enforcement, lib-
raries, parks, other uses. Measure requires proposals
increasing property taxes, where the total amount of taxes
expected to be levied against all subject properties for the
life of the obligation exceeds one million dollars, to appear
only on the November general election ballot; applies to
renewal of existing property taxes. Property tax proposals
for lesser amounts would remain unaffected and could
appear on, and be approved at, May/November elections or
at elections with fifty-percent voter turnout. Other
provisions."

Additionally, the sentence in the opinion that quotes
the phrase "'appear only on a general election ballot' " from
the "yes" vote result statement, 346 Or at 305 is modified to
read, "'appear only on the November general election ballot.'"

The petition for reconsideration is allowed. The for-
mer opinion is modified and adhered to as modified. The

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order and the amended order granting the petition for recon-
sideration, issued on July 2, 2009, and July 7, 2009, respec-
tively, are withdrawn.