Hazell v. Brown
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In 2006, two ballot measures were placed before Oregon voters at the polls. Measure 46 (2006) sought to amend the Oregon Constitution to permit the enactment of laws prohibiting or limiting electoral campaign "contributions and expenditures, of any type or description." Measure 47 (2006) sought to create new campaign finance statutes that would, essentially, statutorily implement the constitutional changes proposed in Measure 46. Voters rejected Measure 46 but approved Measure 47. The issue before the Supreme Court in this case required the examination of the operative text of Measure 47. The trial court concluded that the text at issue was severable from the ballot measure and ruled that the remaining provisions of the measure were, according to the plain text of the measure itself, dormant. The Court of Appeals affirmed that judgment. Upon review, the Supreme Court also affirmed the trial court's judgment and the decision by the Court of Appeals.
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