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LIBERTARIAN PARTY OF OREGON v. ROBERTS

TC 151821; CA A40378; SC S34180.

750 P.2d 1147 (1988)

305 Or. 238

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

Supreme Court of Oregon, In Banc.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Carol E. Jones, Hillsboro, argued the cause and filed the petition, for petitioners on review.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause, for respondents on review.

LENT, Justice.

ORS 248.008 and 249.732 specify the requirements that a political organization must satisfy in order to be recognized as a "minor political party."1 The fundamental requirement is a demonstration of support, either through petition signatures or votes, from approximately five percent of the voting electorate. Plaintiff Libertarian Party of Oregon (LPO) contends that requiring political...

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