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LEO v. KEISLING

CC 98C-17232; CA A103357; SC S45677.

964 P.2d 1023 (1998)

327 Or. 556

Susan LEO and Jonah P. Hymes, Plaintiffs-Appellants, v. Phil KEISLING, Secretary of State, and State of Oregon, Defendants-Respondents.

Supreme Court of Oregon.

Decided October 7, 1998.

Attorney(s) appearing for the Case

Emily Simon, Portland, argued the cause for appellants. With her on the brief were Katherine A. McDowell and Scott Garland, ACLU Foundation of Oregon, Portland.

Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI and LEESON, JJ.

LEESON, Justice.

In this certified appeal, the parties ask us to decide the following question:

"Is it unconstitutional for the Secretary of State to qualify an initiative to the ballot, relying on that `margin of error,' `within the acceptable limits of the target,' or any other similar statistical term, if the two statistical samplings done both produce estimates that the initiative petition was not `signed by a number of qualified voters equal [or greater...

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