Measure 3-401 opponents try to block Voters Pamphlet explanation

Opponents of the Clackamas County ballot to require a public vote on rail project funds are crying foul over the current explanation of the measure that is scheduled to appear in the Voters' Pamphlet.

An initiative drive put Measure 3-401 on the Sept. 18 Special Election ballot. It was sponsored by activists opposed to the county’s $25 million commitment to the Portland-to-Milwaukie light-rail project.

Project opponents filed a lawsuit in Clackamas County Circuit Court last week to prevent the current explanation from appearing in the Voters' Pamphlet that will be mailed to all county voters before the election.

Eleanore Hunter of Positively Clackamas says the measure was not written in accordance with county policies, which require both supporters and opponents to participate in the process. Attorney Eric Winters, a measure supporter, wrote the explanation with Scot Sideras of the Office of the County Counsel. No opponent worked on the explanation.

“They did not follow their policies,” said Hunter, who also argues that the explanation is misleading.

Sideras says he called two lawyers whose names had been provided by Positively Clackamas but they did not respond.

“I did not make repeated attempts to reach them, but I did make a call, just like I did to Mr. Winters, and he responded,” said Sideras.

Hunter insists Sideras should have done more, however.

“The policies don’t say he had to make a call, they say opponents had to participate,” Hunter said.

Sideras also says the county policies are obsolete and being rewritten to apply to initiative petitions and special elections.

Among other things, Hunter says the explanation mistakenly says that if the measure passes, county voters will vote on the Portland-to-Milwaukie light-rail-project funding. She says the Office of the County Counsel has already issued an opinion saying the measure does not apply to that project.

Sideras disagrees with Hunter’s interpretation of the measure, however. He notes the explanation only says the project is currently under construction and has not yet reached the county border. Adding to that statement would be “speculation,” he argued.

“Clackamas County is prepared to defend the position that it followed the law and that it also made its best effort to comply with the intent of the law- to explain Measure 3-401 to the voters (and) is also prepared to defend its position that it made a good faith attempt to involve opponents to Measure 3-401 in the drafting of the Explanatory Statement,” Sideras said.

It is unclear whether the court will consider the lawsuit in time to stop the publication of the explanation. Sideras believes the County Clerk hopes to have the Voters' Pamphlet printed this week. No hearing has yet been scheduled on the lawsuit.

Clackamas Review News Editor Raymond Rendleman contributed to this story.