Oregon Public Broadcasting

Oregon's citizen's initiative and referendum system is in need of reform. That's the conclusion reached by a 76-page report called "Making the Initiative Work for Oregon."

It was commissioned by the City Club of Portland. And as Andrew Theen reports, the authors make 12 recommendations for what they call an evolutionary change to Oregon's pioneering citizen initiative system. 

The City Club first examined Oregon's 105-year-old initiative system a decade ago.  That report generated little change in the system.  But Portland attorney and committee chair Arden Shenker says the time is right for some changes to Oregon's initiative system.

Arden Shenker: "I think people generally in the electorate are frustrated, unhappy with the initiative process."

Shenker thinks that unhappiness may stem from the overwhelming number of initiatives voters are expected to digest and decide on come election day.

Ten months from Election Day, 33 initiatives have already gained approval to gather signatures for the ballot.

Shenker supports a "fundamental" change that would bring the state legislature into the mix.  Here's how it would work.

Arden Shenker: "The legislative assembly has an opportunity to look at a proposed initiative, either accept it or reject it, or suggest some alternative."

By reject it, Shenker means refer back to the voters.  But it's possible the Legislature could alter the measure and put two competing initiatives on the ballot.  Shenker acknowledges that would slow down the process--but he says not significantly.

Arden Shenker: "Put that on top of the hundreds of measures that are put into the legislative hopper each year, I think this is not an additional load of any concern."

Of the 24 states that have some kind of citizen initiative process, a quarter of them practice this kind of "indirect" system.  Shenker believes Oregon is lagging behind where it used to lead, and now is the time to catch up.

Veteran Oregon initiative advocate Bill Sizemore disagrees.

Bill Sizemore: "Most of our initiatives are designed to counter the legislature, do things that they wouldn't be willing to do anyways, so that would just be an impediment to the system."

Sizemore submitted five initiatives just last week.  He says people who call Oregon's initiative system broken just don't like the initiatives that make it on the ballot.  And he says some Oregonians like the initiative system because they don't trust the legislature.

But City Club committee chair Arden Shenker says an indirect system would ultimately benefit both  the legislature and the voters.

Arden Shenker: "It may be that the legislature says fine, we agree with you.  At which point it seems to me the Legislative Assembly will be enhanced in its credibility by accepting something that the folks think is a good idea."

The report doesn't support changing the state's statistical sampling method used to verify signatures on petitions and referendums.  A U.S. District Court judge is currently looking at that same issue. 

Michael Mosman halted the state's domestic partnership law from taking effect last week because of concern that throwing out signatures violates a "fundamental right" of citizens.

Bill Sizemore believes every signature should be individually counted and verified.

Bill Sizemore: "I think it's a travesty that a person stops and stands there in front of Fred Meyer in the rain and signs a petition, and maybe spends a few minutes doing that only to have their signature thrown out by some county elections officer who looks at it and says, 'well it doesn't look like your signature to me."

Shenker disagrees and says  counting every signature isn't necessary and would considerably delay the process.

The City Club of Portland doesn't have an official position on the report until its meeting this week.  Shenker jokes that he hopes for a unanimous vote of approval but he's expecting a hearty debate at the next regular meeting on Friday.