NELSON v. KEISLING

96C12462; CA A94305.

964 P.2d 284 (1998)

155 Or. App. 388

Mark W. NELSON, Appellant, v. Phil KEISLING, Secretary of State, Respondent, and Ellen C. Lowe, George Waldmann and Russell E. Danielson, Intervenors-Respondents.

Court of Appeals of Oregon.

Decided August 5, 1998.


Attorney(s) appearing for the Case

James M. Brown, Salem, argued the cause for appellant. With him on the briefs were K. Bruce Knivila and Enfield Brown & Collins.

Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent Phil Keisling. With him on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

John DiLorenzo, Jr., Portland, argued the cause for intervenors-respondents Ellen C. Lowe, George Waldmann and Russell E. Danielson. With him on the brief were Michael E. Farnell and Hagen, Dye, Hirschy & DiLorenzo, P.C.

Before LANDAU, P.J., DEITS, C.J., and RIGGS, J.


LANDAU, Presiding Judge.

At issue in this case is whether the courts may invalidate otherwise lawful initiative petition signatures on the ground that some of the signature gatherers were not registered voters. Plaintiff concedes that no statute authorizes the courts to do so. He argues that the courts nevertheless have the "common-law" authority to invalidate signatures when confronted with a failure to comply with "nontechnical" provisions of the state's election...

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