STATE EX REL. BUNN v. ROBERTS

TC 86-11688, SC S33299, TC 86-11827, SC S33297.

726 P.2d 925 (1986)

302 Or. 72

STATE of Oregon ex rel. James BUNN and Richard DeKlotz, Appellants, v. Barbara ROBERTS, Secretary of State for the State of Oregon, Julia Woods, Baker County Clerk, Daniel G. Burk, Director of Records and Elections of Benton County, Juanita N. Orr, Clackamas County Clerk, Norma Hunsinger, Clatsop County Clerk, Reta C. Kerry, Columbia County Clerk, Mary Ann Wilson, Coos County Clerk, Grace G. Bannon, Crook County Clerk, Eugene P. Baumann, Curry County Clerk, Mary Sue Penhollow, Deschutes County Clerk, Doris Wadsworth, Douglas County Clerk, Christopher N. Childs, Gilliam County Clerk, Carol L. Voigt, Grant County Clerk, Avel Diaz, Harney County Clerk, Leonard Sheirbon, Hood River County Director of Records and Elections, Kathy Beckett, Jackson County Clerk, Elaine L. Henderson, Jefferson County Clerk, Georgette Brown, Josephine County Clerk, Evelyn Biehn, Klamath County Clerk, Karen O'Connor, Lake County Clerk, John E. Faw, Lane County Director of Finance and Management Services, Gloria McEwen, Lincoln County Clerk, Del Riley, Linn County Clerk, Deborah DeLong, Malheur County Clerk, Al Davidson, Marion County Clerk, Barbara Bloodsworth, Morrow County Clerk, Vicki K. Irvin, Multnomah County Director of Elections, Linda Dawson, Polk County Clerk, Linda K. Cornie, Sherman County Clerk, June Wagner, Tillamook County Clerk, Dean Foquette, Sr., Umatilla County Clerk, R. Nellie Bogue, Union County Clerk, Marjorie Martin, Wallowa County Clerk, Sue A. Proffitt, Wasco County Clerk, Christi Cutler, Washington County Clerk, Arlene Stegner, Wheeler County Clerk and Charles Stern, Yamhill County Clerk, Respondents. James BUNN and Richard DeKlotz, Respondents, v. Barbara ROBERTS, Bill Rutherford, Thomas J. Monterossi and Richard A. Munn, Appellants.

Supreme Court of Oregon, In Banc.

Decided October 13, 1986.


Attorney(s) appearing for the Case

Thomas O. Alderman, Eugene, argued the cause and filed the brief for appellants/respondents Bunn and DeKlotz.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondents/appellants Roberts, Rutherford, Monterossi and Munn. With him on the brief was Dave Frohnmayer, Atty. Gen., Salem, Virginia L. Linder, Sol. Gen., Salem, and John A. Reuling, Jr., Asst. Atty. Gen., Salem.

Robert C. Cannon, Marion Co. Legal Counsel, Salem, argued the cause and filed the brief for respondent County Clerks. With him on the brief was John Leahy, Multnomah Co. Counsel, Portland, John M. Gray, Jr., Yamhill Co. Counsel, McMinnville, Candace Haines, Asst. Benton Co. Counsel, Corvallis, William Van Vactor, Lane Co. Counsel, Eugene.


GILLETTE, Justice.

These consolidated appeals arise from two proceedings in the Circuit Court for Marion County. In the first proceeding (SC S33299), plaintiff-relators sought a writ of mandamus ordering defendant Secretary of State to certify to the defendant county clerks and election officials a ballot without an estimate of the fiscal effects of Ballot Measure 6, which relates to public funding for abortions, and ordering the defendant county clerks and election...

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