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Wyant v. Myuers11/28/2003
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The foregoing indicates that it is not essential that the caption identify the proposed measure as a “prohibition” on abortion to state accurately the proposed measure’s subject matter. We conclude that, under our substantial compliance standard of review, the Attorney General’s caption does not fall short of statutory requirements for that reason.
The Nichols petitioners next argue that the Attorney General’s caption falls short of statutory requirements because it fails to disclose that the proposed measure creates no medical emergency exception to the notice requirements when the life or health of the mother are at risk. Subsection (3) E of the proposed measure, creates a special notification requirement, that applies if compliance is “possible,” in cases of medical emergency but otherwise does not modify a provider’s authority in cases of medical emergency. Thus, as the Attorney General points out, the proposed measure leaves in place whatever the law might be regarding a provider’s duty to comply with notice requirements or to take other actions regarding a medical emergency. That feature of the proposed measure, although important as a general matter, concerns what the proposed measure fails to create, not what it would create. Particularly in light of the word limitation that governs the caption, we cannot conclude that the Attorney General’s caption falls short of statutory requirements for that reason.
“YES” AND “NO” VOTE RESULT STATEMENTS
ORS 250.035(2)(b) and (c) require “simple and understandable” statements of not more than 25 words that describe the result if the voters approve the proposed measure and if they reject it. The Nichols petitioners challenge the Attorney General’s “yes” and “no” vote result statements. They contend that the “yes” vote result statement must mention that the proposed measure would “prohibit abortions until after specified statements are made and after a waiting period.” For the reasons discussed above, we conclude that the Attorney General’s “yes” vote result statement is not deficient for the reason that the Nichols petitioners urge.
The Nichols petitioners also assert that the “no” vote result statement is insufficient because it fails to disclose that “current state law provides for a limited medical emergency exception.” The Attorney General responds that, at present, ORS 677.097 contains no medical exception provision.
The Nichols petitioners argue that, under Planned Parenthood of Southeastern Pa. v. Casey, 505 US 833, 879-80, 112 S Ct 2791, 120 L Ed 2d 674 (1992), the absence of a medical emergency exception “may render a statute such as this unconstitutional.” We conclude, however, that petitioners’ argument falls short of demonstrating that the Attorney General has erred, under our “substantial compliance” standard, in failing to recite, in the “no” vote result statement, that current state law provides a medical emergency exception. The state law sources that petitioners cite are less than clear on that question. Moreover, Casey sustained a statutory definition of medical emergency against a constitutional attack. It is difficult to extrapolate from that holding that federal constitutional law compels Oregon to recognize a medical emergency exception as a matter of state law. Finally, even if Casey forbids states from restricting abortions under a medical emergency, as the Nichols petitioners advocate, the Attorney General properly may conclude that that proposition offers no point of contrast between the proposed measure and current law and, thus, the “no” vote result statement need not mention it.
The Attorney General’s “yes” and “no” vote result statements do not fall short of statu
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