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PICRAY v. SECRETARY OF STATE

No. CA A85293.

916 P.2d 324 (1996)

140 Or. App. 592

David PICRAY, Petitioner, v. SECRETARY OF STATE, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted March 6, 1996.

Decided May 1, 1996.

Attorney(s) appearing for the Case

Judicial Review from Secretary of State.

David C. Force, Eugene, argued the cause and filed the brief for petitioner.

Rives Kistler, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Resubmitted In Banc March 6, 1996.

HASELTON, Judge.

Petitioner appeals from an order of respondent Secretary of State that imposed a $100 civil penalty for violating ORS 260.695(4), which prohibits wearing "political badge(s), button(s) or other insignia" in polling places. We conclude that ORS 260.695(4) violates Article I, section 8, of the Oregon Constitution, and reverse.

The facts are undisputed. During the November 1992 general election, Ballot...

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