False statements made in favor of Measure 88


October 28, 2014
OFIR members and supporters:


An attorney in Creswell examined certain statements made in the Voters Pamphlet by supporters of driver cards for illegal aliens, and found them to be in conflict with Oregon law. The Memo detailing his findings was distributed yesterday to OFIR’s media list of about 100 media addresses in Oregon. We’re sending here a copy of the text in the OFIR news release.


Many thanks to Attorney Jacob Daniels for his work and for sharing it with OFIR.


FALSE STATEMENTS MADE IN FAVOR OF MEASURE 88


Oregonians for Immigration Reform and Protect Oregon Driver Licenses announce the results of a legal examination of claims by supporters of driver cards for illegal aliens that passage of Measure 88 would require the purchase of auto insurance by driver card applicants.


Attorney Jacob G. Daniels of Creswell OR made the analysis and prepared the Memorandum below which is addressed to the friends of No on Measure 88.


Here is his summary of the findings from his examination:
"Oregonians deserve to know the truth – and campaigns based on lies and distortions are why voter turnout is dwindling and Oregonians are fleeing the political parties.　 As such, it is important to set the record straight.


"Oregon ballot Measure 88 does not contain a requirement that an individual obtain auto insurance. ORS 806.010 requires that all Oregon drivers possess a baseline level of auto insurance. Measure 88, whether it passes or fails, will have no impact upon that existing law. Furthermore, current Oregon law does not prohibit unlicensed drivers from purchasing auto insurance.


"In sum, Measure 88 does one thing: It allows individuals who are unable to prove their lawful presence in the United States with the opportunity to obtain a Driver’s Card. There is absolutely no language in the text of Measure 88 that requires Driver’s Card applicants to obtain auto insurance."


Attorney Daniels found 10 examples of the untrue assertion printed in the Voters Pamphlet among the statements in favor of a Yes vote on Measure 88. Some were made by prominent officials or organizations, including Oregon Governors, Labor Groups, Rep. Earl Blumenauer, and the Portland City Club. Attorney Daniels cites all 10 untrue statements in his Memorandum.


Oregonians for Immigration Reform and the Protect Oregon Driver Licenses campaign are non-profit organizations working for the public interest in immigration. The officers and Board members are all unpaid volunteers. They are supporting the interests of citizens, which for a nation to remain viable, must come first in all policies.


Below is a copy of the Memorandum prepared by Attorney Jacob G. Daniels, Creswell OR.
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Jacob G. Daniels
Trial Attorney
(541) 517-8981
P.O. Box 803, Creswell, OR 97426
285 E. Oregon Ave., Creswell, OR 97426


MEMORANDUM


October 24, 2014
RE: FALSE STATEMENTS IN THE OREGON VOTER’S PAMPHLET IN FAVOR OF MEASURE 88


To the Friends of No on Measure 88:


Protect Oregon Driver Licenses (PODL) believes that there has been a violation of the law.


ORS 260.532, which is intended to prevent the spread of misinformation in elections, states, in part:
No person shall cause to be written, printed, published, posted, communicated or circulated, any letter, circular, bill, placard, poster, photograph or other publication… with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure.

Proponents of Measure 88 claim that the measure requires the purchase of auto insurance. FALSE


Oregonians deserve to know the truth – and campaigns based on lies and distortions are why voter turnout is dwindling and Oregonians are fleeing the political parties. As such, it is important to set the record straight.


Oregon ballot Measure 88 does not contain a requirement that an individual obtain auto insurance. ORS 806.010 requires that all Oregon drivers possess a baseline level of auto insurance. Measure 88, whether it passes or fails, will have no impact upon that existing law. Furthermore, current Oregon law does not prohibit unlicensed drivers from purchasing auto insurance.


In sum, Measure 88 does one thing: It allows individuals who are unable to prove their lawful presence in the United States with the opportunity to obtain a Driver’s Card. There is absolutely no language in the text of Measure 88 that requires Driver’s Card applicants to obtain auto insurance.


Attached to this Memorandum are examples of implied or expressly false statements contained in the Oregon Voter’s Pamphlet and in literature distributed by the "YES on Safe Roads" campaign.*(see note)


Sincerely,
Jacob G. Daniels
Attorney At Law
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Implied or Expressly False Statements at Issue


"And Measure 88 will improve the safety of the roads for all of us, because it requires everyone to pass a written and behind-the-wheel test and get auto insurance." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Oregon Governors Strongly Support Measure 88 (emphasis added).


"Measure 88 means safer roads. By making sure all drivers on the road have passed driving tests and hold insurance, we can reduce accidents and hit-and-runs." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Oregon Small Businesses Support Measure 88 (emphasis added).


"Measure 88 would create a conditional driver card for Oregon residents to provide an alternative path for licensure and insurance." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Labor Groups Agree: Yes on Measure 88 (emphasis added).


"It’s simple. If you drive a car in Oregon, you should prove that you can drive and have insurance. That’s why I’m voting yes on Measure 88!" 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Earl Blumenauer, Congressman, Oregon’s 3rd Congressional District (emphasis added).


"Yes on 88: Fewer Uninsured Drivers in Oregon
All Oregonians pay the costs of uninsured motorists. Passing Measure 88 removes a substantial barrier that prohibits many Oregon drivers from getting the insurance they want and need. When more Oregonians have access to auto insurance, all Oregonians benefit.


Yes on 88: For Oregon Working Families


Working Oregonians need the ability to drive legally. In particular, those living in rural areas away from public transportation have no way to get to work, take care of family members or perform other basic responsibilities. Measure 88 gives drivers more responsibility by requiring a driver test and by allowing them to obtain insurance before operating a vehicle.


It is time to remove barriers to auto insurance and safe, knowledgeable driving privileges for all Oregonians. It is time to vote YES on Measure 88." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Oregon Farm Bureau Federation (emphasis added).


"Since each licensed driver is required to get auto insurance, the law will protect everyone using our roads from financial loss." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Law Enforcement Support for Measure 88 (emphasis added).


"Measure 88 would create a conditional and limited duration driver card for Oregon residents, allowing them to purchase insurance to legally and safely drive on our roads." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Yes on 88: Good for Oregon’s Economy, Good for Oregon Jobs.
"1. Make our Roads Safer
Requiring all drivers on the road to pass a driver’s test and get auto insurance will reduce accidents, make our roads safer, and protect everyone using our roads from preventable injury and financial losses. Right now we don’t have that protection and too many drivers are unlicensed, untested, and uninsured. Measure 88 makes all these requirements the law of the land.
3. Driver Card is Limited
The new driver card will only be a permit to legally drive and get auto insurance, which will increase the safety of Oregon roads for everyone on the road." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, Measure 88 is a Law Enforcement Priority for Oregon (emphasis added).


"There are thousands of Oregonians who, for an array of reasons, are ineligible for a traditional driver’s license. Measure 88 would create a conditional driver’s card for Oregon residents to provide an alternative path for licensure and insurance. It’s very important to note these cards can’t be used as federal ID (**see note) or to register to vote. They exist simply to make driving safer for all and to make sure that those on the road are trained and have access to insurance. 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, AFSCME (emphasis added).


"Not offering a driver card guarantees some Oregon residents would be unlicensed and, consequently, unable to procure auto insurance." 2104 Voters’ Pamphlet, Oregon General Election, November 2014, Argument in Favor, City Club of Portland Recommends a Yes Vote (emphasis added).


*(Excerpt from literature handed out at The Oregon State Fair)
Right now too many drivers are unlicensed, untested and uninsured - and their driving poses a hazard to all of us. Passing Measure 88 requiring all drivers to pass a test and get auto insurance will reduce accidents and make our roads safer.


**The TSA has confirmed that the Oregon driver card will be accepted as ID to board a commercial airline.


In summary, people in our country illegally can and do buy auto insurance. There are no barriers.


Ballot Measure 88 is really about putting a state issued ID in the hands of people illegally in our country -- it's not about road safety. Misleading the public is dishonest.