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OREGON EDUC. ASS'N v. ROBERTS

CC 152580; CA A35391; SC S32734.

721 P.2d 833 (1986)

301 Or. 228

OREGON EDUCATION ASSOCIATION, a labor organization; Sandy Ellis; Robert Cornell; Petitioners on review, Oregon Public Employees Union, Local 503, SEIU, AFL-CIO, CLC, a labor organization; D.H. Petry and Dave Grenbemer, Petitioners (below), v. Barbara ROBERTS, Secretary of State of Oregon; David B. Frohnmayer, Attorney General of Oregon; Respondents on review, and Ruth Bendl and Vernon White, Respondents (below).

Supreme Court of Oregon, In Banc.

Decided June 26, 1986.

Attorney(s) appearing for the Case

Henry H. Drummonds, Portland, argued the cause for petitioners on review. On the brief were Paul B. Gamson and Kulongoski, Durham, Drummonds & Colombo, Portland.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondents on review. With him on the response to the petition for review were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Arno H. Denecke and John DiLorenzo, Jr., of Moshofsky, DiLorenzo & Dietz, Portland, filed a brief amicus curiae on behalf of Oregon Taxpayers United.

JONES, Justice.

The issue in this case is whether the Secretary of State must determine an initiative petition's compliance with the Oregon Constitution, Article IV, section 1(2)(d), before the voters have adopted the proposed measure. Article IV, section 1(2)(d) requires:

"An initiative petition shall include the full text of the proposed law or amendment to the Constitution. A proposed law or amendment to the Constitution shall embrace one subject only...

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