RECEIVED AND FILED
Mark R. Webb
22139 Hwy. 395 MAY 14 2018
Poon 515 a
MiVemon, OR 97865 ROA PERE cowry LE
Sa130-2546
myebb1285@zmail.com
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF GRANT
MARK R. WEBB
Petitioner
And caseno. (BAW /FLST
GRANT COUNTY CLERK, PETITION CHALLENGING
BRENDA PERCY COUNTY CLERK'S MEASURE 12-
72 DETERMINATION
Respondent
INTRODUCTION
‘The Grant County Clerk has determined that Grant County Measure 12-72 (enclosed as Item 1)
reels the ful ext and single subject requirements of Article IV, Section 1(2(d) of the Oregon
Constitution. ORS 250.168(2). Petitioner is dissatisfied with the clek’s determination and
timely petitions the Circuit Court in Grant County to overtum the clerk's determination. ORS
250.168(4). Petitioner also maintains that Measure 12-72 is improper given the seope ofits
subject matter, which goes well beyond the matters of county concern authorized by ORS
203.035(1) inthe initiative petition process.
Page 1—Petition Challenging Measure 12-72Legal Context
Oregon voters (or electors) exercise thet legislative authority through “the initiative and
referendum powers reserved to" them by Article IV, Section 1, ofthe Oregon Constitution
‘Through this initiative power electors are able “to propose laws and amendments to the
Constitution and enact or teject them at an election independently ofthe Legislative Assembly.”
Arlicle IV, Section 1(2Xa). ORS 250.1552) extends the Article IV, Section 1 reservation of
initiative power for electors atthe state level regarding state matters to electors a the county
level regarding county matters. ORS 203.035(1} limits this exercise of power to “matters of
county concer.”
(Oregon's initiative procedure requires that prospective petitions which propose laws must
comply withthe full text and single subject requirements of Anticle IV, Section 1(2)@) of the
Oregon Constitution. A county clerk is required to “determine in writing whether” an initiative
petition (or measure) meets te full text and single subject requirements within five days of
receiving the prospective petition. ORS 250.168(1). A petitioner dissatisfied with the clerk's
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