STATE v. MOYER

(CC 0409-35104; CA A128796 (Control)); SC (S056990), (CC 0409-35105; CA A128797), (CC 0409-35106; CA A128798).

230 P.3d 7 (2010)

348 Or. 220

STATE of Oregon, Respondent on Review, v. Thomas Paul MOYER, Petitioner on Review. State of Oregon, Respondent on Review, v. Vanessa Colleen Sturgeon, aka Vanessa Sturgeon, aka Vanessa Colleen Kassab, Petitioner on Review. State of Oregon, Respondent on Review, v. Sonja R. Tune, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided April 29, 2010.


Attorney(s) appearing for the Case

Ronald H. Hoevet, Hoevet, Boise & Olson P.C., Portland, argued the cause for petitioner on review Vanessa Colleen Sturgeon. With him on the joint briefs were Michael T. Garone and David Axelrod, Schwabe, Williamson & Wyatt, P.C., Portland; and Janet Lee Hoffman and Shannon Riordan, Hoffman Angeli, LLP, Portland.

Erika L. Hadlock, Deputy Solicitor General, Salem, argued the cause for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Linda K. Williams and Daniel W. Meek, Portland, filed a brief on behalf of amici curiae Policy Initiatives Group, Joan Horton, Ken Lewis, Bryn Hazel, Francis Nelson, Tom Civiletti, David Delk, and Gary Duell.

Thomas M. Christ, Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.


DE MUNIZ, C.J.

Defendants are charged with violating ORS 260.402 (2003),1 which provided, in part, that "[n]o person shall make a contribution to any other person, relating to a nomination or election of any candidate or the support or opposition to any measure, in any name other than that of the person who in truth provides the contribution." Defendants demurred to the indictment on the ground that the statute, on its face, violates the...

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