OREGON REPUBLICAN PARTY v. STATE OF OR.

151,883; CA A35035.

717 P.2d 1206 (1986)

78 Or.App. 601

OREGON REPUBLICAN PARTY, a Political Committee Organized under Ors Chapter 248; Diarmuid F. O'Scannlain, Chairman, Brent Bahler, Executive Director, Appellants, v. STATE OF Oregon, David B. Frohnmayer, Attorney General, State of Oregon, Norma J. Paulus, Secretary of State, State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided April 16, 1986.

Reconsideration Denied June 6, 1986.


Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellants. With him on briefs was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Jeff Bennett, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Plaintiffs appeal a judgment for defendants in this declaratory judgment action. They argue that the trial court erred in determining that a planned 1984 mailing from plaintiff Oregon Republican Party to registered Republicans would have violated ORS 260.665(2)(a). The party intended to enclose postage prepaid envelopes which recipients could use to return requests for absentee ballots to party headquarters. The envelopes, the court held,...

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