Editor's note: In November, voters will be presented with four statewide ballot measures. This article deals with Measure 112 which was referred to the people by the Oregon Legislature during the 2021 Session as SJR 10.

Measure 112 seeks to amend the Oregon Constitution, Section 34, which reads: “There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.”

Measure 112 removes language allowing slavery and involuntary servitude as punishment for crime. It accomplishes that by removing the second part beginning with “otherwise,” and adds: (2) Upon conviction of a crime, an Oregon court or a probation or parole agency may order the convicted person to engage in education, counseling, treatment, community service or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future, to provide accountability, reformation, protection of society or rehabilitation.

The Measure made the ballot because the legislature passed SJR 10 in 2021, sponsored by Senators Rob Wagner (D-Lake Oswego, Lew Frederick (D-Portland) and James Manning Jr (D-North Eugene). The Department of Corrections recognizes that compelled prison labor is sometimes perceived as modern-day slavery.

Rob Persson, Assistant Director of Operations Division for the Oregon Department of Corrections (DOC) testified, “DOC believes that perception (of slavery) is misplaced, at least with respect to the manner in which adults in custody (AICs) are engaged in prison work programs in Oregon’s prisons. Regardless of one’s views on the policy issues underlying SJR 10, the department has concerns regarding the potential legal uncertainty that would result if the language of the ballot measure SJR 10 would refer to the voters were to be approved in light of Article I, Section 41 of the Oregon Constitution (commonly referred to as “Measure 17”).”

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Measure 17 was approved by voters in 2014 giving DOC the ability to engage AICs in meaningful work and on-the-job training programs, and the obligation of AICs to participate. Oregon Corrections Enterprises (OCE) programs are not mandatory work programs. They are voluntary and highly sought after as the highest paying work opportunities in DOC.

If AICs no longer participate in work opportunities within DOC facilities, Persson says an undetermined significant increase in personnel would be required to prepare food, perform building and grounds maintenance, provide medical and custodial support, and a variety of other tasks. It is difficult to determine the number of full-time equivalent positions required, but it could easily be 1,000 and go as high as 3,000 positions.

OCE currently provides 29 work programs in nine institutions engaging 1,389 AICs (2,600 participants per year). The total AIC awards paid by OCE in fiscal year 2019-20 was $2.88 million.

Persson reported OCE has three programs paying AICs. There are two based on state and federal minimum wages and a Prison Industries Enhancement Certification Program (PIECP). The third is the laundry program. Under the PIECP, the Bureau of Justice Assistance certifies local and state prison industry programs meet all the necessary requirements to be exempt from the federal restrictions on prisoner-made goods sold in interstate commerce. The program places AICs in realistic work environments, pays prevailing wages, and provides opportunities to develop marketable skills to increase potential for rehabilitation and meaningful employment on release.

A cost benefit analysis conducted by the Oregon Criminal Justice Commission determined for every dollar spent with OCE the state saves $5.40 in recidivism costs. They recommended expansion of OCE programs, as they are valuable in reducing recidivism, improving job skills, and providing a productive way to spend time in prison. “Voices from the Inside” on OCE’s website shares the AICs perspective on OCE programs and their impact in rehabilitation.

Persson pointed out that a similar measure passed in Colorado that faced a lawsuit by AICs to receive at least the state’s minimum wage, be considered state employees, and receive the same benefits as state workers such as paid holidays and vacations, paid sick leave, and medical benefits, and backpay for two years. It would reportedly cost Colorado $1 billion. Oregon has approximately 15 percent larger inmate population than Colorado.

If Measure 112 were to pass, not all programs may qualify for PIECP certification for a federal program, basically exempting it from Measure 112. If OCE has to restructure to exempt desired programs from Measure 112, what is the purpose of Measure 112?

Bill drafters have no clue how Measure 17 will be impacted and admitted so in the summary, “Effect on current constitutional provisions requiring inmate work programs unclear.” A constitutional change isn’t easily corrected for unforeseen consequences, and these consequences would hurt the very people it is aimed to liberate.


--Donna Bleiler

Post Date: 2022-10-24 22:36:50

Last Update: 2022-10-25 00:21:14

The Oregon Department of Environmental Quality under Interim Director Leah Feldon is announcing its first rules advisory committee meeting to discuss what rules will govern the new Fuel Tank Seismic Stability program. The meeting, set for October 26 at 9:00am, will include discussions on DEQ’s proposed approach to the rules, what it means to minimize risk and how to ensure environmental justice is incorporated into the process.

“People around the world will be practicing earthquake safety and preparedness tomorrow during the Great Oregon ShakeOut,” said Mike Kortenhof, DEQ fuel tank compliance manager. “These rules will be critical for protecting people and the environment and keeping communities safer in the event of a major earthquake.”

The Great Oregon ShakeOut is part of a global drill for people to practice how to stay safe during an earthquake. This year, nearly half a million Oregon residents will be taking part in the self-led drill, practicing their drop, cover and hold on for at least 60 seconds as if a major earthquake is happening.

A rules advisory committee is a group of people who provide input and suggestions during the development of new rules. The committee members represent a range of interested groups, including neighborhoods near the fuel tanks, local emergency management, environmental organizations, local government and regulated facilities.

DEQ’s Fuel Tank Seismic Stability Program will evaluate the vulnerability of fuel tank systems to earthquakes and require facilities to develop plans to minimize risk. These rules will apply to all facilities that can store over 2 million gallons of fuel in Lane, Multnomah and Columbia counties. All committee meetings are open to the public to listen.

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“Oregon’s fuel tanks are vulnerable to earthquakes,” said Yumei Wang, senior advisor on Infrastructure Resilience and Risk at Portland State University, and lead author of the 2013 report highlighting this risk. “These facility improvements are essential to protect Oregon and support rapid recovery from the megaquake we know is coming to the Pacific Northwest.”

DEQ plans to hold a total of three committee meetings to reach its final proposed rules. Depending on committee discussions, DEQ may add meetings or make existing meetings longer. After the committee work is complete, DEQ will put the rules out for public comment and then present them to the Environmental Quality Commission for adoption.

This work is a result of SB 1567 passed in 2022. DEQ will also develop this program in consultation with the Oregon Department of Geology and Mineral Industries and the Oregon Department of Energy.


--Staff Reports

Post Date: 2022-10-21 12:33:39

Last Update: 2022-10-21 12:47:36

At may not seem like it, but all judges in Oregon are elected. The reality is that most judges rise to the bench through appointment from the Governor. Article V. Section 16 of the Oregon Constitution allows the Governor to appoint judges to vacant offices. "When at any time a vacancy occurs in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor has been elected and qualified."

Once appointed, judges have an easy task winning election to their office during the next election. They are listed as "incumbent" on the ballot -- unlike other political incumbents -- and any lawyer who may think about running for the seat may think twice, as they may have to appear before the judge. Further, the Oregon State Bar Code of Judicial Conduct has a chilling effect on what might be considered normal campaigning in another political race.

One judicial race in Marion County has heated up. Newly appointed Judge Erious Johnson is facing a challenge from Salem Attorney Amy Queen.

According to one source within the legal community, "There have been many concerns regarding how he treats litigants -- in particular victims, women, or people without lawyers as well as legal decisions since he was appointed by Governor Brown in February. We have heard this has resulted in many lawyers and even some people without lawyers filing affidavits to remove him from their cases."

Queen attended Willamette University College of Law and was hired at the Marion County District Attorney’s office as a law clerk and successfully passed the July 2004 bar exam. That same year she was hired as a Deputy District Attorney in the Marion County District Attorney’s office where she has prosecuted every type of crime, including aggravated murder, and was ultimately promoted to be a part of the management team.

Johnson's twitter feed contains many posts supportive of racial activism -- posts that many regard as inappropriate for a sitting Circuit Court Judge..

The Oregon Code of Judicial Conduct makes it difficult for judicial candidates to effectively campaign. This policy heavily favors incumbents. For instance -- in a statement that would easily chill most campaigns -- the code says that a candidate for judicial office may not:

knowingly or with reckless disregard for the truth, make any false statement concerning a judicial candidate's identity, qualifications, present position, education, experience, or other material fact that relates to the judicial campaign of the judge or any judicial candidate

Nor may they

in connection with cases, controversies, or issues that are likely to come before the court on which the judge or judicial candidate sits or may sit, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office

--Staff Reports

Post Date: 2022-10-20 06:28:40

Last Update: 2022-10-20 02:41:12

Judge Janelle Factora Wipper, Washington County Circuit Court, ruled on October 14, in the case of Washington County vs. Tim Sippel for the county keeping voters in the dark. Her ruling gives a sucker punch to freedom of information disallowing public access to records that may have cleared the air regarding certain election data. Judge Wipper contended this case could affect 15 counties and other states using the same voting machines. Dr. Douglas Frank, advising Attorney Stephen Joncus at the trial, said he expected the judge would rule in favor of the state, but not all is lost. Every case, whether won or lost adds more evidence into the record, and there have been many cases across the country.

The court rules that the SQL.ZIP file is:

1. Conditionally exempt from disclosure under the computer programs, security and trade secret exemptions.
2. Public interest in keeping the information safe and secure to protect the integrity of elections systems in Oregon.
3. Disclosure of the SQL.zip file for public interest does not outweigh the need to exempt this file from production.

Dr. Frank stated that for Oregon to hide this data makes it look like they have something to hide. Some counties have already released the data. The state and Washington County claimed there are security issues, breach of contract and trade secrets, and no public interest. Public interest is that the public has a need for the information. Attorney Joncus argued that the public has lost faith in the system and they have a right to know. Secretary Fagan just launched a campaign to bolster election integrity targeting false information, seemingly supporting the public’s need to know.

The takeaways from this trial are rich. Before the trial began, AG Rosenblum made a statement admitting machine are hackable under oath to secure a protective order. “Oregon tabulators are subject to wireless attacks and if the information is released, it would cause irreparable harm to Oregon’s election system.”

Oregon Attorney General, Ellen Rosenblum, joined the Secretary of State Shemia Fagan with Washington County in the lawsuit to stop Tim Sippel from a records request for the SQL election database. The SQL files are the tests run on the machines prior to the elections to see that the machines are operating correctly. It takes data from various tables it has access to, and it can manipulate that data to come up with an answer according to its protocol.

Sippel wanted to check the data for what other states are finding. Jeff O’Donnell found in Colorado that the machines were making a second data base and erasing part of the data and injecting other data coming up with a different result. In Massachusetts, they proved that the machines flipped and stuffed votes, and it was counting images, not the ballot. Michigan’s election was overturned when the judge ordered the voting machine opened and found modems.

Attorney Generals are critical to elections in every state. They are in charge of election security. Leading into the 2020 election, Oregon Attorney General, Ellen Rosenblum joined 23 Democratic state attorney generals in writing an urgent letter to the Senate Appropriations Committee and the Senate Rules Committee to strengthen election security. The letter asked for election-security grants so states could update their equipment and train election officials in information technology and cybersecurity.

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In 2021, $2 million was allocated to Secretary of State Fagan to distribute to counties for ballot tabulators, postmark scanners, ballot drop boxes and surveillance equipment that went unspent. This year legislators reallocated $1 million for postal barcode scanners and other equipment. The Secretary is using the other half on public service announcements and ballot tracking, and the remainder is being held for emergencies and divided among counties in 2023.

At the trial, Mark Cook, an IT Expert told the judge, “by-the-way, the internet security protocols you are using were hacked four years ago, I’d recommend you shut down your internet right now and install new security software before you run your county systems.”

As Dr. Frank traveled around Oregon, he observed that county clerks are using technology throughout the election system that they know nothing about. He says, “they simply repeat what they are told – machines are secure, they aren’t online, but they are. We are asking people to run elections with equipment they know nothing about.”

Mickie Kawai, Washington County Elections Manager for 33 years, testified regarding “air gaps” where ballots needing adjudicated are removed from the process via an isolated connected network through a cable. She described the process of ballots scanned into Del laptops that have modems that don’t take a password to turn on. She seemed to unknowingly verified to the court that their everyday Del laptops are on a network accessible by the internet and hackable without a password.

Tim Sippel testified that in his examination of the ballots, every ballot had a unique identifying code on it and the ballots are not anonymous. He has found lots of anomalies that he wants to talk to county clerks about. He testified that on what he has analyzed, he has found 60 counterfeit ballots.

Dr. Frank says he didn’t expect a favorable verdict. What he has learned in Oregon is, “judges move up the ranks by following precedence (the ultimate conformity) and not making waves. Judges who stand out, judges who make stands, that’s the end of their career.” Oregon’s judicial system lends to this ranking where there is an unwritten rule that retirements and resignations take place after close of candidate filings so the sitting Governor can appoint a replacement bypassing being elected.

Consideration for appeal would slow down the work on election integrity and that’s a cost that might not be worth an appeal.


--Donna Bleiler

Post Date: 2022-10-20 06:11:35

Last Update: 2022-10-20 14:29:53

A new Hoffman Research poll shows the Oregon gubernatorial race to be tighter than ever. With a 3.8% margin of error, Republican former State Representative Christine Drazan holds a small 2-point lead over Democrat former Oregon House Speaker Tina Kotek. When asked "If the general election for Governor of Oregon were held today, would you vote for Republican Christine Drazan,

If the election for Governor were held today, would you vote for Drazan, Johnson, or Kotek?
37%	Republican Christine Drazan
35%	Democrat Tina Kotek
17%	Independent Betsy Johnson
12%	Undecided

Independent Betsy Johnson, or Democrat Tina Kotek?" respondents picked Drazan over Kotek 37% to 35%. Independent former State Senator Betsy Johnson trailed with 20%.

Johnson respondents provided a path to victory for either Drazan or Kotek, with a whopping 59% of these saying that there was a chance they could change their mind. A Johnson withdrawal and pledge of support for either leader could easily turn the tide in either's favor.

The race is quickly becoming Oregon's most expensive political race ever and tight polling such as this is likely to draw even more money into the race.

Is there a chance you could change your mind?
	Yes	No
Drazan	24%	76%
Kotek	25%	75%
Johnson	59%	41%

Drazan was the only candidate of the three who polled a net favorable opinion among respondents. Her 3% net favorability stood out from Johnson's 9% net unfavorability and Kotek's whopping 12% net unfavorability -- possibly reflecting voter dissatisfaction of decades of Democratic control of the state. Former Senator Johnson served as a Democrat in the legislature.

Oregon has not seen a Republican in Mahonia Hall -- the name of the governor's mansion -- since Vic Atiyeh left office on January 12, 1987, an absence of 35 years.

	Favorable	Unfavorable	Net
Drazan	35%	32%	+3%
Kotek	31%	43%	-12%
Johnson	23%	32%	-9%

The survey has a margin of error of plus or minus 3.8% at a 95% confidence level. The survey is based on landline and cellphone interviews with 684 randomly chosen likely voters in Oregon. Attention was given to Oregon's rural and urban divide within seven geographic regions. The survey also maintained appropriate balances with regard to age, gender, and vote propensity.


--Staff Reports

Post Date: 2022-10-20 05:01:59

Last Update: 2022-10-20 02:24:38

Coos County, Coos County Commissioners Melissa Cribbins and John Sweet, and Coos County Interim Clerk Diris D (Dede) Murphy are defendants in an election case filed in Coos County Civil Court. Plaintiffs Diane Rich, Coos County Commissioner candidate, and Pamela Lewis, Coos County Clerk candidate, filed 11 counts of violations during the May, 2022 primary. It has gone through several amendments since the original filing in July, but now appears to be moving forward.

In the wake of several election cases heating up, Secretary of State Shemia Fagan tries to curb the distrust by launching a series of videos on voting. This isn’t the only case involving election improprieties. But she may be facing an uphill battle with five cases in Oregon courts, and 80 percent think there was election fraud.

In another lawsuit filed against the Oregon Secretary of State, it was revealed that scanners used by Coos County have not been certified for use since 2017. How can an election be certified using equipment that doesn’t meet federal guidelines for accuracy and lacks Election Assistance Commission federal certification?

The case notes that the scanners were intentionally operated contrary to the operator’s manual, which cautions it would give artificially and erroneous accuracy ratings if not followed. There were deliberate anomalies including allowing taped, or ripped ballots to be inserted into the scanner, and the use of poor-quality paper. These violations increased the adjudication rates by six percent.

In addition, Coos County ballot scanners have built-in modems. They are subject to being hacked by using a backdoor method that has surfaced in other election cases.

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The case raises issues surrounding a possible conflict of interest on how Dede Murphy was appointed as Interim County Clerk. She resigned her position as Democrat Party Chair for Coos County in order to be appointed by the Commissioners she supported running for re-election, and named Defendants in this case.

Murphy is being accused of refusing to authorize observers to observe the signature verification process, they were given wrong times and locked out of the office. She also refused to allow observation of the ballot couriers in violation of both Federal and State laws, which calls for two couriers from different parties to transport the ballots. Then she failed to deputize couriers until after they had transported the ballots.

In addition, a nefarious marking was made on the outside of the return envelope, which was easy to read and identifies the party affiliation of the ballot contained inside.

The suit alleges that the Clerk failed to meet the reporting plan deadlines and held more than 6,000 completed ballots back for 5 days without reporting the results. Citizens were not given accurate election results in a timely manner.


--Donna Bleiler

Post Date: 2022-10-19 14:33:24

Last Update: 2022-10-19 16:25:15

Oregon Secretary of State Shemia Fagan completed a 36-county tour of Oregon’s elections offices today with a visit to Columbia County.

Secretary Fagan said, “In every corner of Oregon, the state of our vote-by-mail system is strong. When I took office, I made it a goal to visit all 36 county elections offices to see their operations and hear directly from election workers about the challenges they face.”

Secretary Fagan predicts a smooth election in November, owing to the integrity of county elections officials. Still she says, “Our democracy is under attack, and our counties are the first line of defense. If every Oregonian could tour their county elections office, we could put to rest much of the false information that spreads from the Big Lie.” What she seems to be saying is that the five filed lawsuits over election improprieties has her office and election procedures under attack, and that isn’t the democratic way to seek the truth.

“Local elections officials are your neighbors, and they are dedicated to Oregon’s democracy," Secretary Fagan said. "Oregon's elections officials understand the value of vote-by-mail and are eager to build trust in our elections. The integrity of Oregon’s elections officials is rock solid.

Fagan claims the operations of county elections offices are transparent. Any voter can observe the pre-election certification of voting machines, the verification of signatures, the counting of ballots, and the post-election audits that verify accurate results in every county. Ensuring that observers have easy access to the process was a common topic of conversation on the tour. That isn’t the information coming from Clatsop County where Republican volunteers were excluded as election workers for signature verification, drop box collections and counting boards.

“Building trust with the public is the most important part of my job,” said Columbia County Clerk Debbie Klug. “Elections workers are part of the community. We are professionals doing extremely important work to make sure Oregon’s elections are free and fair.” Secretary Fagan spoke with the clerk about the County’s challenges — tight budgets, ever-increasing complexity, and false information that she is hearing across all 36 counties.

“Overstretched budgets and unreliable federal funding present a long-term risk to elections in Oregon,” Secretary Fagan said. Did she forget about the $2 million allocated to her in 2021 for election equipment that went unspent. This year legislators reallocated $1 million for postal barcode scanners and other equipment and where is the half that was to be distributed to the counties. The other half she is using on public campaigns and ballot tracking and the remainder is held for emergencies and divided among counties in 2023.

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Still Fagan says, “In the next legislative session, I will fight for legislation to address this risk.” The legislative proposal currently under consideration would create a commission to study funding needs and make recommendations for creating stable, long-term funding for county elections operations.

Secretary Fagan said that elections officials around the state also voiced concerns about safety, false information, and a flood of public records requests based on conspiracy theories. She claims that in response to the growing threats against election workers and increased challenges of dealing with the spread of false information, 22% of Oregon’s election officials will retire in 2021 and 2022. But is that the reason when county clerks are liable for what goes wrong during an election.

Conspiracy theories seem to be aimed at those seeking the truth. Janice Dysinger, Oregonians for Fair Election, has run head on with Secretary Fagan’s staff trying to silence her from training volunteers the protocols for being an observer and canvass for voter integrity. Fagan’s office has pressured county clerks to raise their rates for public records requests to discourage them. Dysinger says Deschutes County clerk quoted her public records request at $93,000, Douglas County was over $51,000, while Multnomah County charged $159 for the same data. She thinks these records shouldn’t be a burden if they were made available on a website as they are in some counties in California.

“In order to protect our democracy, we must protect the people who make our democracy work,” Secretary Fagan said. “I led the fight to pass the bipartisan Election Worker Protection Act in 2022, but we need to remain vigilant and stay one step ahead of threats.”

One proposal Secretary Fagan will pursue is creating a statewide coordinator for public records requests to help counties deal with a flood of requests for election-related records based on conspiracy theories. Elections officials are also working with local law enforcement on security plans for the November election.


--Donna Bleiler

Post Date: 2022-10-19 12:12:57

Last Update: 2022-10-19 16:25:40

In Oregon's upcoming Legislative House District 21 race covering Keizer and Central Salem, Democratic candidate Ramiro Navarro, Jr. has played up his “second chance” narrative, though it’s now becoming clear that he’s left off most of the story.

In 2020, Navarro ran for what was then House District 25, including Keizer, St. Paul and Newberg against incumbent Representative Bill Post and it was soon discovered that he had a criminal background. However, until now, the full details of his past and current lawbreaking were not public. Now, as a candidate running against Kevin Mannix in a race both candidates describe as focused on criminal justice, further details are being revealed.

In 2011, Navarro Jr. was indicted with delivery of marijuana with intent to sell, coercion, child neglect in the first degree, and endangering the welfare of a minor. The first three charges are felonies. Navarro threatened to kidnap his own child from his then wife, Veronica. He had a firearm and his child in the vehicle while delivering marijuana.

Navarro pleaded down to coercion and unlawful delivery of marijuana for consideration and was sentenced with fines and 18 months prison time. He then violated the conditions of his terms of release -- including a restraining order -- and was re-arrested on seven contempt charges. The District Attorney sought his immediate confinement.

Navarro never previously disclosed to voters any information about how his military service ended. In recorded conversations from prison, he acknowledged that “the Army washed their hands of me.” In fact, in a conversation with someone who appears to be his sergeant, he is told that the military was already working on expelling him before his guilty plea.

After serving his sentence, Navarro violated parole for failing to report to his probation officer and for having made contact with his former wife with whom he was not allowed to have any contact with. He was arrested and again sentenced to prison.

In 2013, Navarro was charged with criminal mischief for smashing the car windows of his ex-wife’s boyfriend. He was convicted not once, but twice for this crime.

In February of 2022, after once again announcing his run for office, Navarro was pulled over for driving 72 in a 55 zone. He was given a warning for speeding and switching license plates. He was also cited for driving with a suspended license. Navarro failed to appear in Court to answer the charge.

Navarro’s license had originally been suspended when he failed to appear in court in January. That court appearance was also for driving while suspended. Navarro’s fine was sent to a collection agency. Logs show that his license was suspended numerous times.

But there’s more. Navarro has had children with three different women who have all taken him to court to pay child support. His first, second, and third mothers of his children all filed for support. One court order applies to two children with one of the three women. Navarro Jr. only paid off almost $10,000 in past due support this February, after he filed to run for public office. The same happened in 2020 when he first ran for the Oregon House. He was also ordered to pay “back debt” to the US Army.

In 2021, Navarro was evicted even after his landlord agreed to a settlement to allow Navarro to stay. Navarro violated the terms of the agreement and the Sheriff was ordered to remove him from the apartment.

In 2021, Navarro was sued in small claims court for unpaid medical bills. He never responded to the lawsuit, forcing the court to garnish his wages to enforce the judgment against him.

Finally, it was recently reported that at least two workers and a volunteer left Navarro’s campaign after revelations that Navarro had hired a man to work on his campaign who has a conviction for sexually abusing a child.

This April, Navarro penned a letter to the editor saying that he is a “model for others to start their recovery.” Clearly, that recovery is yet to kick in.


--Ben Fisher

Post Date: 2022-10-18 06:15:35

Last Update: 2022-10-18 12:27:43

Editor's note: In November, voters will be presented with four statewide ballot measures. This article deals with Measure 114 which was referred to the people by the citizens' initiative process.

Despite its length, the text of measure 114 leaves several questions unanswered -- most prominently, its constitutionality. The measure is sponsored by Walter John Knutson III, Michael Z. Cahana, and Marilyn Keller all of Portland.

The measure bans “Large-capacity magazines,” which it defines as "a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, or a kit with such parts, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload." A similar ban, enacted in California and other states, has been found unconstitutional by the US Supreme Court. But what few people understand is that the magazine ban will outlaw almost all sporting and home defense shotguns because the magazines that are built into the the guns will be banned.

The measure requires applicants to have a permit to purchase a firearm. The applicant must provide "proof of completion of a firearm safety course as defined."

The training includes live fire. According to the text of the measure, the training must include, "In-person demonstration of the applicant’s ability to lock, load, unload, fire [our emphasis] and store a firearm before an instructor certified by a law enforcement agency. According to Oregon Firearms Federation Executive Director Kevin Starrett "there are virtually no facilities that will be available for this training. For first time gun buyers this could well require that you have a gun before you can get a permit to buy a gun."

One proponent of the measure, John Hummel, the District Attorney for Deschutes County, has claimed that the “live fire” portion could be done with no ammo or with toys.But the measure specifically says that part of the training could be done separately from the rest of the class which could be online. Clearly there would be no need for that if the requirements could be met with toys. Though the measure is so badly written it includes references to Oregon Statutes that do not exist and even its drafters say it needs to be fixed by the legislature, Hummel called it “perfect.”

In interviews with the editorial boards of the Oregonian and Willamette Week, the proponents repeatedly stated they do not want people who commit violent crime to be incarcerated, and in fact the measure does not contain a single word about holding criminals accountable for their crimes.

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Another troubling feature of the measure is a requirement for a public database of anyone who applies for a permit to buy a gun. That would include victims of rape and domestic abuse.

"The measure only allows those approved by police to provide the required “training” to apply for a permit, Starrett continued. "Police in Oregon are underfunded and understaffed. There is no plan in place to actually provide any training and virtually no police have the facilities or manpower to provide classes. Police in urban areas are already not responding to most violent crimes. Police in rural areas are spread thin and rarely have the facilities for the required class."

Oregon State Sheriffs Association Executive Director Jason Myers expressed similar concerns. “If this measure does become law, OSSA will work to address the training requirements as we can within our resources, and we will certainly help local Sheriffs to the extent possible with providing training, but it is going to be nearly impossible to provide adequate training facilities and staffing without significant state funding assistance.”

Measure 114 will appear on the ballot this fall for adoption or rejection by the voters.


--Staff Reports

Post Date: 2022-10-17 06:34:54

Last Update: 2022-10-15 17:32:37

Editor's note: In November, voters will be presented with four statewide ballot measures. This article deals with Measure 111 which was referred to the people by the Oregon Legislature during the 2021 Session as SJR 12.

Oregon Measure 111 the right to healthcare, amends the Oregon Constitution to require the state to ensure affordable healthcare access to all residents, balanced against requirements to fund schools and other essential services. The measure made it to the ballot through legislative action with plenty of opposition. The Legislative Resolution that created Measure 111 was Chief Sponsored by Representative Rob Nosse (D-Portland) and Senator Elizabeth Steiner Hayward (D-Portland).

Current state law outlines the general requirements for health insurance policies and provides health care for low income and disabled residents who meet eligibility requirements. Measure 111 will amend the Oregon Constitution to establish health care as a fundamental right, and obligates the state to provide Oregon residents “access to cost-effective, clinically appropriate and affordable health care.” This amendment requires the state to balance that obligation against the public interest in funding public schools and other essential public services. If the state is sued to enforce the amendment, the court may not order a remedy that interferes with the state’s requirement to balance healthcare funding against funding for public schools and other essential public services.

While this measure establishes a new constitutional obligation for the state, it does not specify what the state must do to comply, how that compliance will be measured, or identify specific steps the state must undertake should this measure pass.

Representative Kim Wallan (R-Medford) sat on the committee writing the explanatory statement for the Measure. She writes in opposition, “This measure creates a new right, a "fundamental" right, in the Oregon constitution. It differs in one significant way from all other rights. Rights are limits on the laws the government can pass. Rights are freedoms from government. Measure 111 gives every person in the state a right of access to appropriate health care. This requires the state to force some people to provide health care to others. It means the state will have to send doctors and nurses to remote areas, at a salary set by the state, to give everyone their right to health care. After all, if you have a right to have health care, how are you going to get it if someone else doesn't give it to you? In fact, to those obligated to provide the service, and to those obligated to pay for it, it is the opposite of a freedom. It is coercion.”

Those in support are stakeholders that gain to profit. Dwight Dill, retired Union County Mental Health Director writes, “According to a report by the Oregon Health Authority, Oregonians' personal health care expenditures outpaced the rest of the US from 2013 to 2019. While the US saw an increase of 27% during this time, Oregonians' expenditures increased by 34%... In 2019, 60% of all bankruptcies in Oregon included medical debt. In the same year, almost 16% of Oregonians reported delaying medical treatment due to costs.” He then claims Measure 111 will not increase your taxes, so where does he propose the funding will come from to bring down healthcare costs and prevent bankruptcies?

A committee of five led by State Treasurer Tobias Read determined the financial impact to state and local expenditure and revenue is indeterminate. The measure does not require additional state government revenues or expenditures. The impact of the measure will depend on future legislative action to establish additional health benefits and determine how they will be paid for.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Supporters have taken this to say this measure does not force the state to spend any money, but to be in compliance would require legislative funding to implement. Funding a heavy and rich in benefits system isn’t an answer to reducing healthcare costs. It would force taxpayers to continue to pay for the rampant fraud, waste and abuse in the Medicaid, Medicare and insurance systems. It is projected that to fund this measure would more than double the state budget. How can the state balance this obligation with its other obligations to fund public schools and other essential public services without raising taxes substantially? Taxpayers will have no recourse in the courts against harmful legislative actions.

Measure 111 will appear on the ballot this fall for adoption or rejection by the voters.


--Donna Bleiler

Post Date: 2022-10-16 06:13:21

Last Update: 2022-10-15 16:53:08

Oregon Secretary of State, Shemia Fagan, announced the launching of a series of “Voting in Oregon Feels Good” public education campaign. She says it is aimed to “pre-bunk” false election information by proactively reaching voters with accurate information from an official, trusted source.

This is the second media campaign to debunk common myths to combat false information. The first video of “Voting in Oregon Feels Good” launched in April was focused on registering to vote.

Secretary Fagan says, “I want the characters in these videos to be to Oregon elections what Smokey the Bear is to wildfire prevention.” It seems like a good analogue since Smokey was a fictional bear created by artist Albert Staehle in 1944. It was the bear’s publicity slogan that became the familiar pledge, “Only you can prevent forest fires.”

The campaign is animated with a pink Easter bunny and giant-colored eggs in a 1970’s style, featuring dozens of Oregon landmarks, characters and scenes from across the State. The first spot, Journey of a Ballot, Fagan says explains the features of how vote-by-mail protects the integrity of our elections. Let’s fact check:

• Every signature is verified. After the ballots are scanned, an election worker sets at a computer and compares signatures on the envelope to the voter registration signature. This is done before the ballot is scanned. Some counties are now experimenting with software to match signatures.
• Oregon keeps voter registration lists updated. It doesn’t appear that way from the backside. HB 2681 keeps people on the voter rolls forever. Unless someone moving out of state cancels their registration, it remains in the system to receive future ballots. Judicial Watch has filed a lawsuit against the Secretary of State for not cleaning voter rolls under the Voter Act of 1983.
• All counties do post election audits before the Secretary of State certifies the results. According to Deborah Scroggin, Secretary of State elections division director, Oregon law requires random sampling hand counts or risk-limiting audits in all counties following primary, general and special elections. Ballots are allowed to go through the postal system for seven days after election day with a postal indicator, but were allowed in the Primary without a postal indicator.
• You can track your ballot at Oregonvotes.gov. Tim Sippel testified in court that in his examination of ballots, every ballot had a unique identifying code on it and the ballots are not anonymous. This is what makes it possible for you to track your ballot. The post office also takes pictures of ballots and registration forms.

Secretary Fagan said. “This campaign is as fun as it is informative, with Oregon-focused animations that stand out from other government messages. When you see the videos and social media posts, I hope you’ll take a moment to remember why Oregonians are very proud of vote-by-mail.”

“Research shows that once a person forms a belief about elections it’s very hard to change their mind,” Secretary Fagan said. “That’s why it’s critical for elections officials to get ahead of false information by sharing the fact that Oregon has had free and fair elections through vote-by-mail for over 20 years. When Oregonians know all the steps elections workers take to protect the integrity of our elections, it completely undercuts the conspiracy theories from proponents of the Big Lie.”

To produce “Voting in Oregon Feels Good,” the Oregon Elections Division used a competitive bidding process to hire Oregon-based creative agency Happylucky, a Portland-based design firm. The budget for the project is $350,000 — allocated from one-time funding approved during the 2022 short session by the Oregon Legislature. The campaign will target low turnout voters with ad buys on social media, CTV, broadcast TV and podcast platforms. The ads will be produced in English, Spanish, Russian, Mandarin, Cantonese, Vietnamese and Somali. The first ads launched on Monday, October 10.


--Donna Bleiler

Post Date: 2022-10-15 12:43:01

Last Update: 2022-10-15 17:49:34

Editor's note: In November, voters will be presented with four statewide ballot measures. This article deals with Measure 113 which was referred to the people by the citizens' initiative process.

Measure 113 is a response to strategic walkouts by the Oregon Senate and the Oregon House in recent legislative sessions. In 2019, the Democrats were pushing hard for HB 3427, a massive tax bill to fund education and heavily supported by the teachers' unions. Republican Senators walked out and later forced a compromise.

Later that same session, Republican Senators under the leadership of Senator Fred Girod (R-Lyons) -- later joined by many members of the Oregon House -- walked out to prevent the passage of HB 2020, a bill which would have tied Oregon to a massive carbon tax which Democrats wanted for their climate policy.

The text of the measure is simple. It reads:

Failure to attend, without permission or excuse, ten or more legislative floor sessions called to transact business during a regular or special legislative session shall be deemed disorderly behavior and shall disqualify the member from holding office as a Senator or Representative for the term following the election after the member’s current term is completed.

The chief sponsors of the initiative are Andrea Kennedy-Smith of McMinnville and Reed Scott-Schwalbach of Portland. Kennedy-Smith is a public sector vice-president of Service Employees International Union Local 503 which is one of the largest and most powerful public employee unions in Oregon. Scott-Schwalbach is the President of the Oregon Education Association, another very powerful public employee union.

Democrats may grow to regret taking tools from the minority party as they did under the leadership of Harry Reid in 2013 and then watched helplessly as President Donald Trump appointed Justices Neil Gorsuch, Brett Kavanaugh and soon Amy Coney Barrett to the US Supreme Court bench.

Their day of reckoning came on Jan. 20, 2017, with a Republican president and Senate in control of judicial nominations. For the past four years, President Donald Trump and Republicans have done their constitutional duty in nominating and confirming federal judges, including now three Supreme Court nominations. But don’t blame Trump or Senate Majority Leader Mitch McConnell. Blame Harry Reid who put politics ahead of principle and opened the door for Justices Neil Gorsuch, Brett Kavanaugh and soon Amy Coney Barrett.

Measure 113 will appear on the ballot this fall for adoption or rejection by the voters.


--Staff Reports

Post Date: 2022-10-14 06:53:26

Last Update: 2022-10-13 16:12:22