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NELSON v. ROBERTS

SC S36844.

789 P.2d 650 (1990)

309 Or. 499

Mark NELSON, Petitioner, v. Barbara ROBERTS, in Her Capacity As Secretary of State of the State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided March 27, 1990.

Attorney(s) appearing for the Case

James N. Gardner, of Lindsay, Hart, Neil & Weigler, Portland, argued the cause and filed the petition for petitioner.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the Answering Memorandum were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

UNIS, Justice.

This original proceeding, brought by petitioner under ORS 250.085, involves a challenge to a proposed initiative measure's ballot title certified by the Attorney General to the Secretary of State. Petitioner filed with the Secretary of State, pursuant to ORS 250.067(1), timely written comments concerning the Attorney General's earlier draft ballot title and is, therefore, entitled to bring this proceeding. ORS 250.085(2) and (5); see Deras v. Roberts...

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