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DAY v. ELECTIONS DIVISION

2005520; A141017.

265 P.3d 16 (2011)

246 Or. App. 140

Ross DAY and David Hunnicutt, Petitioners, v. ELECTIONS DIVISION OF the SECRETARY OF STATE, Respondent.

Court of Appeals of Oregon.

Decided October 19, 2011.

Attorney(s) appearing for the Case

Ross Day , Portland, argued the cause for petitioners. With him on the briefs was Common Sense for Oregon, Inc.

Jamie K. Contreras , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

SERCOMBE, J.

Petitioners Day and Hunnicutt were the chief petitioners responsible for the circulation and submission of Initiative Petition 57 (2006). They seek review of a final order of the Secretary of State assessing a civil penalty of $250 against each of them for violating OAR 165-014-0260(5) (Oct 15, 2003),1 which requires the chief petitioners of an initiative to insure that the persons to whom they delegate the task of obtaining...

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