Oregon Gov. Tina Kotek indicates she would sign a bill recriminalizing drug possession
Oregon Gov. Tina Kotek indicates she would sign a bill recriminalizing drug possession
The subject is expected to be a flash point in this year’s legislative session.
My take on this: She has no right to. That was a ballot measure, not a law passed by the Oregon legislature. If they want it repealed, send it back to ballot. Ballot measures are a check and balance on the power of the legislature, they are worthless if the legislature can just reverse them. Suggesting they have the power to do so should be a career-ending event for any elected representative.
I look forward to voting against you in the primaries Kotek.
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I thought ballot measures were just guidance to create the appropriate laws?
Ballot measures are laws themselves that voters can pass without needing the approval of the legislature, that's the entire point. They can also be "straw polls" to give guidance to the legislature, but most are made to create or amend a specific law or provision of the constitution, as M110 did.
I do see the general point that there ought to be a defined way to invalidate an unreasonable ballot measure, but the bar needs to be set high.
Lots of regulations require things like studies on effectiveness and unintended impacts, that might be a good model here. You can’t just override a ballot measure because it’s supported by the other party, but maybe if you have a study demonstrating it lead to a rise in drug abuse and crime, and you can get more than x% ….. maybe similar to other veto/filibuster override rules
No, ballot measures directly change the law. Sometimes they direct the legislature to do something, but they are legally binding.