Rail funding explanation approved for Voters’ Pamphlet

Published 12:00 am Monday, August 6, 2012

The official explanation of the Clackamas County rail funding measure will appear in the Voters’ Pamphlet for the upcoming special election with slight revisions.

The statement had been challenged by opponents of Ballot Measure 3-401, who argued that county it was written without input from them, in violation of county election policies. The opponents, Positively Clackamas, also argued the language was misleading and did not explain the full implication of the measure, which requires a public vote on county financial contributions to public rail projects.

On Monday, Judge Robert Herndon accepted the writing process but changed one paragraph in the explanation. He deleted a sentence about county funds previously having been used for TriMet’s MAX Green Line, and rewrote a sentence on the Orange Line that is currently under construction, removing a reference to it not yet reaching the Clackamas County line.

The Orange Line is what the Portland-to-Milwaukie Light Rail Project will be called when it is completed. Measure 3-401 was placed on the ballot by activists opposed to the county’s $25 million contribution to the 1.49 billion project.

Positively Clackamas wanted all references to the Orange Line to be stricken, arguing that both TriMet and the Office of the Clackamas County Counsel agree the county has signed a legally binding contract to provide the $25 million.

Roger Hennagin, the attorney representing Positively Clackamas, responded to the ruling by saying the Herndon’s changes should prevent voters from believing the measure applied to the county’s commitment to the Portland-to-Milwaukie Light Rail Project.

“That should eliminate any confusion,” Hennagin said after the ruling was released.

Project supporters believe the measure requires a vote on the $25 million, however, and argue the Clackamas County Commission has the power to terminate the contract with TriMet.

The Voters’ Pamphlet is scheduled to go to the printers on Wednesday. The election is scheduled for Sept. 18.