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FARAGO v. KULONGOSKI

SC S41198.

872 P.2d 961 (1994)

319 Or. 20

Paul R. FARAGO, Petitioner, v. Theodore R. KULONGOSKI, Attorney General, State of Oregon, Respondent, and Rece Bly, Chief Proponent, Norma Paulus, an elector residing in Marion County, John E. Bierwirth, Superintendent, Portland School District 1J, Yvonne Katz, Superintendent, Beaverton School District 48J, Russ Joki, Superintendent, Tigard-Tualatin School District 23J, Bill Hill, Superintendent, Sherwood School District 88J, Irv Nikolai, Superintendent, Forest Grove School District 15, Gene Carlson, Superintendent, Rainier School District 13, Art Anderson, Superintendent, Alsea School District 7, and Scott Mutchie, Superintendent, Bend School District 1, Intervenors.

Supreme Court of Oregon.

Decided May 3, 1994.

Attorney(s) appearing for the Case

James S. Coon of Royce, Swanson, Thomas & Coon, Portland, argued the cause and filed the petition for petitioner. With him on the petition was Greg Wasson, Salem.

Richard Wasserman, Asst. Atty. Gen., Salem, argued the cause and filed the response for respondent. With him on the response were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen.

William H. Walters of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for intervenors.

Lynn-Marie Crider, Portland, filed a memorandum for amici curiae Ellen Lowe, Jerry Bieberly, Charles Vars, Robert R. Cantine, Alice Dale, and Irv Fletcher.

Paul B. Gamson of Bennett & Hartman, Portland, filed a memorandum for amici curiae Oregon Educ. Ass'n/Oregon Ass'n of Classified Employees and Robert Crumpton.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and DURHAM, JJ.

PER CURIAM.

In this original proceeding, petitioner challenges the ballot title for a proposed initiative measure. Petitioner is an elector who timely submitted written comments addressed to the Attorney General's draft ballot title. Therefore, he is entitled to petition this court seeking a different title. ORS 250.085(2).

The Attorney General certified this ballot title to the Secretary of State:

"AMENDS...

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