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SIZEMORE v. MYERS

SC S48864, S48873

34 P.3d 666 (2001)

332 Or. 648

Bill SIZEMORE, Petitioner, v. Hardy MYERS, Attorney General, Respondent. Steven Novick and Timothy J. Nesbitt, Petitioners, v. Hardy Myers, Attorney General, Respondent.

Supreme Court of Oregon, En Banc.

Decided November 8, 2001.

Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, filed the petition for petitioner Sizemore.

Steven Novick, Portland, filed the petition in propria persona for himself and for petitioner Nesbitt.

Janet A. Metcalf, Assistant Attorney General, filed the answering memorandum for respondent. With her on the memorandum were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

BALMER, J.

These ballot title review proceedings, which have been consolidated for opinion, are brought under ORS 250.085(2) and concern the Attorney General's certified ballot title for Initiative Petition 96 (2002). For the reasons that follow, we conclude the Attorney General's certified ballot title does not comply substantially with ORS 250.035(2)(a) to (d), and we therefore refer the matter to the Attorney General for modification.

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