KEISLING v. MYERS

(SC S55161 (Control); S55162).

171 P.3d 345 (2007)

343 Or. 379

Phil KEISLING, and William C. Campbell, Petitioners, v. Hardy MYERS, Attorney General State of Oregon, Respondent. Trent Lutz and Meredith Wood Smith, Petitioners, v. Hardy Myers, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Decided November 8, 2007.


Attorney(s) appearing for the Case

Phil Keisling, Portland, and William C. Campbell, Portland, filed the petition and reply memorandum for themselves.

Roy E. Pulvers, of Hinshaw & Culbertson LLP, Portland, filed the petition and reply memorandum for petitioners Trent Lutz and Meredith Wood Smith.

Erin C. Lagesen, Assistant Attorney General, Salem, filed the answering memorandum for respondent. With her on the memorandum were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Steven C. Berman, of Stoll Stoll Berne Lokting & Shlachter, P.C., Portland, filed a memorandum for amicus curiae Arthur Towers.

Linda K. Williams, Portland, filed a memorandum for amicus curiae Ken Lewis.


GILLETTE, J.

This ballot title review proceeding brought under ORS 250.085(2) concerns the Attorney General's certified ballot title for a proposed initiative measure, denominated by the Secretary of State as Initiative Petition 109 (2008). The proposed measure, self-described as the "Open Primary Act of 2008," contains a five-sentence preamble and 24 sections, some of which amend present Oregon Revised Statutes and some of which place new wording in those statutes...

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