Abidged voter's guide to the Nov. 7 Ballot

As Nov. 7 approaches, America gets ready to cast their ballots and vote. In an effort to help, The Advocate has researched various measures and explained them for our readers.

Measure 39

Summary: Currently, the Oregon Constitution allows public bodies to condemn real property required for a public purpose. It is required that there be compensation to the property owner. If the property owner is unsatisfied, the compensation may be challenged in court.

The measure would prohibit public bodies from condemning real property if the government intended to convey it to another private party. Additionally, it would expand the rights to attorney fees and costs.

Currently, each party must pay their own attorney fees, appraiser fees and other related costs, unless the value determined by the court is more than the highest written offer that was made by the government before trial. In that case, the state, county or city must pay the property owner’s costs and fees.

The measure would require that the government pay a property owner’s fee and other costs if the value determined by the court is more that the first offer made by the government, instead of the highest offer made before trial.

This could cause expenditures of $8 million to $17 million from the state budget and $8 million to $13 million from local governments.

Result of “YES” vote: Voting “YES” will prohibit a public body from condemning certain private real property if it intends to convey all or part of it to a private party, with exceptions.

Result of “NO” vote: Voting “NO” will retain the current law, allowing government to acquire private real property required for an authorized public purpose that involves transferring property to a private property.

Measure 40

Summary: Currently, Oregon Supreme Court and Court of Appeals judges are elected by statewide vote. They must live in the state, but have no other residency requirements.
The measure would divide the state into seven districts, based on population, to elect Supreme Court judges. With the exception of Tax Court, the state would be divided into five population-based districts for electing other appellate court judges.
According to the Voter’s Pamphlet, the financial effect can not yet be determined. It could be nothing to $1.5 million.

Result of “YES” vote: Voting “YES” will require Oregon Supreme Court and Court of Appeals judges be elected by, and reside in, legislatively established districts, which are based on population.

Result of “NO” vote: Voting “NO” will retain the current system for electing Oregon Supreme Court judges and Court of Appeal judges by statewide vote with no district residency requirement.

Measure 41

Summary: Currently, taxpayers may not claim deductions based on their federal return’s exemptions but may subtract exemption credit from their state income tax liability. The measure authorizes a deduction on the state income tax return.

Result of a “YES” vote: Voting “Yes” allows personal income tax deductions equal to total federal deduction for all exemptions to substitute for state exemption credit, thus reducing revenue going to the state.

Result of a “NO” vote: Voting “no” rejects allowing personal income tax deduction equal to total federal deduction for all exemptions to substitute for state exemption credit.

Measure 42

Summary: Currently, state law requires certain disclosures before an insurance company or agent can obtain a consumer’s credit history. It also provides certain restrictions on the use of a consumer’s credit history in determining insurance rates.
This measure would prohibit insurance companies and agents from quoting, offering or charging rates or premiums based solely or in part upon credit score or “credit worthiness” of an insured or an applicant for insurance.

Result of a “YES” vote: Voting “yes” prohibits insurance companies and their agents from using the credit score or “credit worthiness” of insured or applicant in calculating rates or premiums.

Result of a “NO” vote: Voting “no” retains the existing law, which restricts, but does not prohibit, the use of credit scores or “credit worthiness” in calculating insurance rates or premiums.

Measure 43

Summary: Currently, the law allows a minor 15 years or older to obtain medical treatment, including an abortion, with out parental notification.
The measure would require on unemancipated minor’s parent be notified 48 hours before performing an abortion. The unemancipated minor may apply for an administrative hearing requesting an abortion without any notice to the parent.
According to the Voter’s Pamphlet, this measure will require annual state budget expenditures of $112,238.

Result of “YES” vote: Voting “YES” will require an abortion provider to give 48 hour written notice to an unemancipated minor’s parent, with certain exceptions. It also would authorize administrative discipline for physicians and parental lawsuits.

Result of “NO” vote: Voting “NO” will retain the current law allowing the medical provider to provide a minor 15 years of age or older with medical treatment, including an abortion, without parental notification.

Measure 44

Summary: Currently, the Oregon Prescription Drug Program benefits Oregon residents over age 54, whose gross annual income does not exceed 185 percent of the federal poverty guidelines and who have not had private prescription drug benefit coverage for the past six months.

The measure would eliminate those restrictions and expand the program to include all Oregon residents who have no prescription drug coverage except Medicare Part D.

Result of a “YES” vote: Voting “yes” expands eligibility to participate in the Oregon Prescription Drug Program to Oregon residents who have no prescription drug coverage, except Medicare.

Result of a “NO” vote: Voting “no” retains the current law, limiting participation to in the Oregon Prescription Drug Program to Oregon residents over age 54 who meet the income limit and past coverage limitation.

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