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NELSON v. KEISLING

96C12462; CA A94305.

960 P.2d 386 (1998)

153 Or. App. 714

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

Court of Appeals of Oregon.

Decided May 13, 1998.

Attorney(s) appearing for the Case

James M. Brown 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., argued the cause for 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., and DEITS, C.J., and RIGGS, J.

LANDAU, Presiding Judge.

Plaintiff initiated this action for declaratory and injunctive relief, contending that defendant, the Secretary of State (the secretary), must invalidate any signatures gathered in support of 1996 Ballot Measure 44 that were gathered by individuals who were not registered Oregon voters as required by ORS 260.560 and asking the court to set aside the secretary's certification of the initiative for the general election ballot. Plaintiff alleged...

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