PROGRESSIVE PARTY OF OREGON v. ATKINS

10C20167; A151588.

370 P.3d 506 (2016)

276 Or. App. 700

PROGRESSIVE PARTY OF OREGON, a certified Political Party, Plaintiff-Appellant, and Working Families Party of Oregon, a certified Political Party; and Larry George, an Oregon Elector, State Senator and candidate in the 2010 General Election of the Republican and Independent parties of Oregon, Plaintiffs, v. Jeanne ATKINS, Secretary of State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 9, 2016.


Attorney(s) appearing for the Case

Daniel W. Meek filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Michael A. Casper , Deputy Solicitor General, filed the answering brief for respondent. On the supplemental brief were Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Michael A. Casper , Assistant Attorney General.

Before SERCOMBE, Presiding Judge, and HADLOCK, Chief Judge, and DUNCAN, Judge.


This case relates to plaintiffs' contention that defendant, the Oregon Secretary of State, violated a state election law in 2010 when she adopted OAR 165-007-0320, which required each candidate's political party to be identified by a specified "three character designation" on the general election ballot.1

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