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KAIN/WALLER v. MYERS

(SC S51105, S51106).

93 P.3d 62 (2004)

337 Or. 36

Kris KAIN and Joann Waller, Petitioners on Review, v. Hardy MYERS, Attorney General, State of Oregon, Respondent on Review. Joann Waller and Kris Kain, Petitioners on Review, v. Hardy Myers, Attorney General, State of Oregon, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided May 25, 2004.

Attorney(s) appearing for the Case

Margaret S. Olney, of Smith, Diamond & Olney, Portland, filed the petitions for petitioners.

Steven R. Powers, Assistant Attorney General, Salem, filed the answering memoranda for respondent. With him on the answering memoranda were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

DURHAM, J.

Petitioners in these consolidated ballot title proceedings challenge the Attorney General's ballot titles for two proposed initiative measures that would amend the Oregon Constitution. For the reasons stated below, we refer the ballot titles to the Attorney General for modification.

The two proposed measures are closely related in substance. Initiative Petition 111 (2004) provides:

"The Constitution of the State of Oregon is amended by...

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