Salem pulls key word from levy going to voter in May election: Here's why
The city isn't using the word because the Oregon Secretary of State's office determined it was too subjective for the city to use to participate in its "Safe Harbor" program. Under the program, a public agency can request the Elections Division review materials to ensure compliance with Oregon law.
State law prevents public employees from supporting or opposing ballot measures during working hours.
"If Safe Harbor is granted, and we later receive a complaint about the material, the division will not investigate or issue civil penalties so long as the material doesn't deviate from the approved version," Oregon Secretary of State spokeswoman Laura Kerns said in response to inquiries about the determination.
She said safe harbor is a voluntary, optional process.
Up until March 18, most city information and campaign support refer to the local option levy as the "livability levy."
The word had since been scrubbed from the city's webpage about the levy, with the note "this information was reviewed by the Oregon Elections Division for compliance with ORS 260.432."
"In this case, the City of Salem requested we review the language, which is how we got involved," Kerns said. "The review process is meant to be collaborative in which we'll work with the agency to find acceptable language under statutes, but the agency can choose to disregard our edits or use different language."
City officials said they submitted web content, an informational flyer, a presentation and talking points for review. On review of the web content, the State Elections Division removed the reference to "Livability Levy" and replaced it with "Local Option Levy."
"We can't advocate for or against any ballot measure, particularly one that involves a city," City Attorney Dan Atchison said during Monday's City Council meeting. "When we have this material (approved by the Elections Division), it allows staff to answer questions and not get fined or not get a potential complaint filed against them for advocating while on the job."
When city leadership followed up for clarification on the term "livability," the Elections Division said it's a subjective term, and they don't allow it, Atchison added.
The Elections Division's restrictions manual advises public agencies to "avoid language that would be considered persuasive, emotional or vague."
"In our view, a word like 'livability' veers a little too closely to being part of a persuasion effort to encourage a 'yes' or 'no' vote, so we would edit it out," Kerns said. "At that point, it's up to the entity to decide whether to accept our edits or keep the language."
The word "livability" has been used in other local elections without controversy, including the 2022 Safety and Livability infrastructure bond passed by Salem voters. The city's website for the 2022 bond still uses the word livability.
Supporters of the levy for Salem's parks, library and Center 50+ highlighted a five-year operating level and renewal in Corvallis in 2023 as a model. Corvallis used the word "livability" multiple times in city information.
The 'safe harbor' rules are new and were not in place in 2022 and 2023. But that doesn't change the fact the change was a terrible decision, former Oregon State Librarian and library advocate Jim Scheppke said at Monday's City Council meeting.
Scheppke urged the city to continue to use the phrase "livability" or the phrase 'livability levy' in informational messaging. He said the phrase does not promote the adoption of the measure.
"Their decision to disallow the use of the word 'livability' in connection with information from the City about the May 20th election is wrong," he said. "It will definitely color the City's information campaign in a negative way. This election is about livability. But you can't say that. Now you can only talk about a tax increase."
He also pointed out that the Spanish version of the information continued to use the word "habitabilidad," which translated to habitability.
"For more than a year, Salem voters have been hearing about a 'livability levy' at public meetings and in the media," Scheppke said. "It is what it is. It's the brand."
He added that livability is just shorthand for libraries, parks, and recreation, and the Center 50+, just as public safety is shorthand for police, fire, and emergency services, he said.
"My request to you tonight is to not take the bad advice from the Elections Division," Scheppke told the council. "Why? Because it will definitely color the city's information campaign in a negative way."
For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodworth@statesmanjournal.com, call 503-910-6616 or follow on X at @wmwoodworth
This article originally appeared on Salem Statesman Journal: Salem drops livability language from levy in May election
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