Secretary of State Could Not Reject Clean Energy Initiatives on “Single Subject” Grounds

Clean energy advocates filed two initiatives, IP’s 48 and 49 (2020), to promote and establish clean energy infrastructure and standards.  The Secretary of State rejected both initiatives, claiming that because the proposals called for fair labor standards for clean energy-related construction projects, it impermissibly encompassed “two subjects.”  Advocates filed a lawsuit in Marion County challenging the Secretary of State’s determination, which they believed may have been politically motivated.  Plaintiffs prevailed and were awarded attorney fees for prosecuting the action.  The Secretary of State initially appealed, but ended up withdrawing the appeal and paying plaintiffs’ attorney fees.