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ASCHER v. KULONGOSKI (ELECTIONS DIV. 49)

SC S42632.

909 P.2d 1228 (1996)

322 Or. 550

Ruth ASCHER, Lynn R. Nakamoto, Emilio Hernandez, Jr., James Posey, Jann Carson, Petitioners, v. Theodore KULONGOSKI, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 1, 1996.

Reconsideration Allowed February 29, 1996.

Attorney(s) appearing for the Case

Scott Meyer, of Mitchell, Lang & Smith, Portland, argued the cause and filed the petition for petitioners.

Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

DURHAM, Justice.

This is an original proceeding in which petitioners challenge the Attorney General's ballot title for an initiative measure that the Secretary of State's office has designated as "Elections Division # 49." Petitioners are electors who, in a timely manner, submitted written comments about the Attorney General's draft ballot title, pursuant to ORS 250.067(1). Accordingly, they are entitled to seek a different ballot title for the measure in this court...

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