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BOE v. PAULUS

SC 28613.

644 P.2d 1385 (1982)

293 Or. 105

Jason BOE, Petitioner, v. Norma PAULUS, Secretary of State, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Paul R. Romain, Portland, argued the cause and filed the petition for petitioner. With him on the petition were Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland.

Kay Kiner James, Asst. Atty. Gen., Salem, argued the cause for respondent. On respondent's answering memorandum were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., William F. Gary, Sol. Gen., John A. Reuling, Jr., Chief Counsel, Opinion Section and Kay Kiner James, Asst. Atty. Gen., Salem.

PER CURIAM.

This is an original proceeding under ORS 250.085 in which petitioner challenges a ballot title prepared for respondent Secretary of State by the Attorney General. ORS 250.065(3). The challenged caption and text in full reads:

"REPLACES APPOINTED PUBLIC UTILITY COMMISSIONER WITH ELECTED THREE-MEMBER COMMISSION "QUESTION: Shall the Public Utility Commissioner, now appointed by the Governor, be...

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