KUCERA v. BRADBURY

(CC 04C18259; SC S51756).

97 P.3d 1191 (2004)

337 Or. 384

Sandra KUCERA, an elector of Oregon and candidate for Vice President of the United States, Sarah Therese Winder, Kristen Zubel, and Natalie Bolton, each an elector of Oregon and signor of petition for nomination of Ralph Nader for President of the United States and Sandra Kucera as Vice President of the United States and as a circulator of said nominating petition, Phillip Salisbury and Samantha Berg, each an elector of and signor of a petition for nomination of Ralph Nader for President of the United States and Sandra Kucera as Vice President of the United States, Timothy Johnson, a circulator of said nominating petition who is not an elector of Oregon, Gregory Kafoury, an individual, an elector of Oregon and Co-Chair, Nader for President 2004 in Oregon, Plaintiffs-Adverse Parties, v. Bill BRADBURY, Secretary of State, Defendant-Relator, and Democratic Party of Oregon, John Neel Pender and James Edmunson, Intervenors Below.

Supreme Court of Oregon, En Banc.

Decided September 22, 2004.


Attorney(s) appearing for the Case

Kaye E. McDonald, Assistant Attorney General, Salem, filed the petition and supplemental memorandum for defendant-relator. With her on the petition and memoranda were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Daniel W. Meek, Portland, filed the memorandum in opposition for plaintiffs-adverse parties.

Margaret Olney, Smith, Diamond & Olney, Portland, filed the memorandum for amici curiae Service Employees International Union and Oregon Education Association.


DURHAM, J.

Oregon's Secretary of State Bill Bradbury seeks a writ of mandamus from this court requiring Judge Lipscomb of the Marion County Circuit Court to vacate an order that he entered in the underlying proceeding, which we describe below in detail. The order required the Secretary of State to certify the nomination of Ralph Nader as an independent candidate on Oregon's November 2, 2004, general election ballot. For the...

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