STATE EX REL. SAJO v. PAULUS

SC S31039.

688 P.2d 367 (1984)

297 Or. 464

STATE of Oregon, ex rel. John Sajo, Frederick J. Oerther, Sandee Burbank, and Greg Mihalik, Plaintiff-Relators, v. Norma PAULUS, Secretary of State for the State of Oregon, Julia Woods, Baker County Clerk, Daniel G. Burk, Benton County Clerk, Juanita N. Orr, Clackamas County Clerk, Norma Hunsinger, Clatsop County Clerk, Reta C. Kerry, Columbia County Clerk, Mary Ann Wilson, Coos County Clerk, Eugene P. Baumann, Curry County Clerk, Mary Sue Penhollow, Deschutes County Clerk, Doris L. Wadsworth, Douglas County Clerk, L.G. Sheirborn, Hood River County Clerk, Kathy Beckett, Jackson County Clerk, Elaine L. Henderson, Jefferson County Clerk, Georgette Brown, Josephine County Clerk, Evelyn Biehn, Klamath County Clerk, Karen O'Connor, Lake County Clerk, Jeff Fax, Lane County Finance and Management Services Director, Gloria McEwen, Lincoln County Clerk, Del Riley, Linn County Clerk, Alan H. Davidson, Marion County Clerk, Vicki Ervin, Multnomah County Clerk, Violet Siddal Starks, Polk County Clerk, Linda Cornie, Sherman County Clerk, June Wagner, Tillamook County Clerk, J. Dean Fouquette Sr., Umatilla County Clerk, Shirley L. Bolin, Union County Clerk, Sue A. Proffitt, Wasco County Clerk, Michael Cox, Washington County Clerk, Charles Stern, Yamhill County Clerk, Defendants.

Supreme Court of Oregon, In Banc.

Decided August 29, 1984.


Attorney(s) appearing for the Case

Michael Rose, Milwaukie, and Alan Silber, New York City, argued the cause for plaintiff-relators. Michael Rose, and Stern & Rose, Milwaukie, filed memoranda of law, for plaintiff-relators.

William Gary, Deputy Atty. Gen., Salem, argued the cause, for defendant Secretary of State.

John B. Leahy, County Counsel for Multnomah County, Portland, and Paul Snider, Legal Counsel, Ass'n of Oregon Counties, Salem, argued the cause, for defendant counties.

Thomas A. Balmer, Portland, filed a brief, amicus curiae on behalf of the American Civil Liberties Union of Oregon, Inc.


ROBERTS, Justice.

This is a mandamus proceeding of which this court took original jurisdiction under the Oregon Constitution, article VII, section 2 and ORS 34.120. Petitioners are proponents of an initiative measure, referred to as the Oregon Marijuana Initiative. Defendants are the Secretary of State and 28 county clerks from throughout the state. Petitioners allege that the defendants failed to follow proper signature verification procedures with respect to their...

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