PRETE v. BRADBURY

No. 04-35285.

438 F.3d 949 (2006)

Barbara PRETE; Eugene Prete, Plaintiffs-Appellants, and Jason Donnell Williams, Plaintiff, v. Bill BRADBURY, Secretary of State of Oregon, Defendant-Appellee, Oregon AFL-CIO; Timothy J. Nesbitt, Esq., Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2006.


Attorney(s) appearing for the Case

Ross A. Day, Tigard, OR, for the appellant.

David E. Leith, Office of the Oregon Attorney General, Salem, OR, for the appellees.

Margaret S. Olney, Portland, OR, for the intervenor-appellees.

Before RAYMOND C. FISHER, RONALD M. GOULD, and CARLOS T. BEA, Circuit Judges.


BEA, Circuit Judge.

We are called upon to decide whether Oregon Ballot Measure 26's prohibition of payment to electoral petition signature gatherers on a piece-work or per signature basis unconstitutionally burdens core political speech. Because the district court did not clearly err in determining that the plaintiffs failed to establish that the challenged measure significantly burdens speech, we cannot hold the Measure imposes a severe burden under the First Amendment...

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