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LIBERTARIAN PARTY OF OREGON v. ROBERTS

151821; CA A40378.

737 P.2d 137 (1987)

85 Or.App. 450

The LIBERTARIAN PARTY OF OREGON; Paul Cleveland, Chairman of the Libertarian Party of Oregon, Martin Brown, David Schraeder, Paul Wathen, David Berglund, Jim Lewis, Robert Fauvre, Marilyn McCabe, Laurel Ann Curtis, Herman Katchold, Laura Bergren, Gary Peressini, and Edward Marihart, Appellants, v. Barbara ROBERTS, in Her Official Capacity As Secretary of State; and Raymond A. Phelps, Jr., in His Official Capacity As Director of Elections and Public Records Division, Respondents.

Court of Appeals of Oregon.

Decided May 20, 1987.

Reconsideration Denied July 10, 1987.

Attorney(s) appearing for the Case

Carol E. Jones, Portland, argued the cause and filed the brief for appellants.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs, Libertarian Party of Oregon and individuals seeking to run as Libertarian candidates or to vote for Libertarian candidates, brought this declaratory judgment action, contending, inter alia, that ORS 248.008 and ORS 249.7321 violate (1) the First Amendment, (2) various provisions of the Oregon Constitution pertaining to political, expression and association...

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