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WITT v. KULONGOSKI

SC S40905.

872 P.2d 14 (1994)

319 Or. 7

Terry L. WITT and J. Edward Schroeder, Petitioners, v. Theodore R. KULONGOSKI, in his capacity as Attorney General of the State of Oregon, Respondent.

Supreme Court of Oregon.

Reassigned, February 15, 1994.

Decided May 3, 1994.

Attorney(s) appearing for the Case

John DiLorenzo, Jr. of Hagen, Dye, Hirschy & DiLorenzo, Portland, argued the cause and filed the petition for petitioners.

Richard D. 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.

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

FADELEY, Justice.

This is a special statutory proceeding to review whether a ballot title certified for use with a proposed initiative measure substantially complies with the requirements of ORS 250.035 and 250.039. A review of the ballot title process will help in understanding the question before us and the role of the court in regard to that question.

The statutes prescribe that, when the Secretary of State receives a preliminary petition for a statewide...

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