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LEMONS v. BRADBURY

No. 08-35209.

538 F.3d 1098 (2008)

Phillip LEMONS; Susan Jarrett; Myrna Hines; Jay Sherman; Robert Bolling; Henry Scott; Julie Epple; Michael Clark; Eugene Arnautov; Stephen Shuck; Jesse Toran; Kevin Evers; Jonathan Larsen; Peter O'Brien; Roger Williams; Kyle Shroy; Oriah Longanecker; Randy Koozer; Janith Yturn; Eric Jacobsen; Paula Cedillo; Roy Priszner; Sandra Golden; Thomas Richardson; Torrey Lewis; Paul Glenn; James Whiting; Roseanne Barker; Suzanne Fulcher; Debbie Meador; Pauline Elizabeth Hanson; Sandra Hiatt; Nathaniel Janssen; Disenfranchised Signers Nos. 1-26, Plaintiffs-Appellants, v. Bill BRADBURY, Secretary of the State of Oregon, in his official and individual capacity; Annette Newingham, Lane County Clerk, in her official and individual capacity; Jan Coleman, Yamhill County Clerk, in her official and individual capacity; Sandra Berry, Hood River County Clerk, in her official and individual capacity; James Morales, Benton County Clerk, in his official and individual capacity; Georgette Brown, Josephine County Clerk, in her official and individual capacity; Steven Druckenmiller, Linn County Clerk, in his official and individual capacity; Kathy Beckett, Jackson County Clerk, in her official and individual capacity; Bill Burgess, Marion County Clerk, in his official and individual capacity; Mickie Kawai, Washington County Clerk, in her official and individual capacity; John Kauffman, Multnomah County Director of Elections, in his official and individual capacity, Defendants-Appellees, Jeana Frazzini; Erin Sexton-Saylor; Sally Sparks; Basic Rights Oregon, Defendants-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2008.

Attorney(s) appearing for the Case

Amy Smith, Austin R. Nimocks, Alliance Defense Fund, Scottsdale, AZ, for the plaintiffs-appellants.

Denis M. Vannier, Kaye E. McDonald, Office of the Attorney General, Salem, OR, for the defendants-appellees.

Margaret S. Olney, Smith, Diamond & Olney, Portland, OR, for the defendants-intervenors-appellees.

Before: ALFRED T. GOODWIN, HARRY PREGERSON, and STEPHEN REINHARDT, Circuit Judges.

GOODWIN, Circuit Judge:

Plaintiffs, Oregon voters who signed Referendum 303, appeal the district court's denial of permanent injunctive relief against Oregon Secretary of State Bill Bradbury ("Secretary"). The Secretary determined that Referendum 303, which sought a statewide vote on a legislative act establishing same-sex domestic partnerships, did not have enough valid signatures to qualify for the ballot. Plaintiffs contend that the Secretary's procedures for verifying...

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