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CARUTHERS v. KROGER

(SC S057318).

210 P.3d 882 (2009)

346 Or. 300

Jerry CARUTHERS and Larry Wolf, Petitioners, v. John R. KROGER, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Decided June 18, 2009.

Attorney(s) appearing for the Case

Thomas K. Doyle, Portland, Bennett, Hartman, Morris & Kaplan LLP, Portland, filed the petition for petitioners.

Douglas F. Zier, Assistant Attorney General, Salem, filed the answering memorandum for respondent. With him on the memorandum were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

WALTERS, J.

Petitioners challenge the ballot title for Initiative Petition 37 (2010). See ORS 250.085(5) (describing procedure for challenging Attorney General's certified ballot title). We agree with one of petitioners' challenges and, therefore, refer the ballot title to the Attorney General for modification.

Initiative Petition 37 (2010), if adopted, would amend the Oregon Constitution to require that "no measure which would increase or require an...

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