KAIN v. MYERS

(SC S49112)

41 P.3d 1076 (2002)

333 Or. 497

Kris KAIN and Tricia Bosak, Petitioners, v. Hardy MYERS, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Decided March 14, 2002.


Attorney(s) appearing for the Case

Margaret S. Olney, Smith, Gamson, Diamond & Olney, Portland, argued the cause and filed the petition for petitioners.

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause and filed the answering memorandum for respondent. With him on the answering memorandum were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.


DURHAM, J.

This is a ballot title review proceeding. Petitioners challenge the Attorney General's ballot title for Initiative Petition 138 (2002).1

The Attorney General certified the following ballot title for Initiative Petition 138:

"AMENDS CONSTITUTION: LIMITS TIME FOR PRE-ELECTION CHALLENGES TO BALLOT MEASURES; PROHIBITS POST-ELECTION CHALLENGES; APPLIES RETROACTIVELY

...

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