Sponsors have filed a proposed constitutional amendment imposing the death penalty for murder to be placed on the ballot by the initiative process.
The Attorney General prepared a ballot title for the proposed constitutional amendment. Pursuant to ORS 254.077, the petitioner has asked that we compose a different title.
ORS 254.070(4) prescribes that the ballot title "shall be a concise and impartial statement of the purpose of the measure.” ORS 254.077(1) prescribes that the proposed title shall be changed if it is "insufficient or unfair.” We are not empowered to change a proposed title although we are of the opinion that we can write a better ballot title. Drummonds v. Myers, 273 Or 216, 540 P2d 368, 370 (1975).
The ballot title proposed by the Attorney General is:
"IMPOSES DEATH PENALTY FOR MURDER
"Proposed constitutional amendment requires imposition and execution of death penalty by lethal gas upon conviction of intentional criminal homicide and criminal homicide committed by individual or accomplice (subject to specified defenses) in course of first degrees of arson, burglary, escape, kidnapping, rape, robbery or sodomy. Governor has no power to commute, reprieve or pardon except he may suspend execution of sentence for 72 hours for filing of legal papers or process.”
The petitioner charges the title fails to comply with the statutes in several respects. Two of these contentions will be discussed.
The proposed amendment provides:
"For the purpose of imposing a sentence of death under this section, 'murder’ means criminal homicide that:
"(a) Is committed intentionally;
"(b) Is [felony-murder];
"(c) Is expressly defined by the statutes of this state *28as murder for which a penalty of death shall be imposed under this section.”
The petitioner contends the title is deficient in not referring to (c) above; that is, the power of a future legislature to add to the list of murders to be punishable by death. We agree with the Attorney General that this omission does not render the proposed title deficient.
With a limitation of 75 words, a "judgment call” must be made as to which provisions of the proposed amendment should be referred to in the title. To accurately state the effect of (c), quoted above, the title must state that the legislature can broaden the effect of the amendment in the future if it enacts a statute; (1) adding to the crimes constituting murder, and (2) stating that the new category of murder is one for which the death sentence shall be imposed. To do this requires the use of a number of words. The petitioner proposes to do this by omitting specifying the felonies in which the felony-murder rule is applicable and stating instead that it is applicable to "certain serious felonies.”
We are of the opinion that there is a reasonable basis for the Attorney General to make the choice that the felonies should be specified rather than to state that future legislatures can enlarge the number of crimes for which the death penalty must be imposed.
The petitioner contends that the caption should read: "Mandatory Death Penalty for Certain Murders.” The Attorney General’s caption reads: "Imposes Death Penalty for Murder.”
"Mandatory” may be a better way to state that the amendment requires that the death penalty must be imposed. The amici curiae, the American Civil Liberties Union of Oregon and others, are of the opinion, however, that "Requires” is preferable to "Mandatory.” In the statement of purpose portion of the title which appears on the ballot under the caption, the Attorney General’s proposal reads that the amend*29ment "requires” the death penalty. We conclude that the caption, when read with the statement, is not "insufficient.”
The ballot title proposed by the Attorney General is certified to the Secretary of State.