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COUEY v. BROWN

10C14484, A148473.

306 P.3d 778 (2013)

257 Or. App. 434

Marquis COUEY, an individual, Plaintiff-Appellant, v. Kate BROWN, in her official capacity as Secretary of State for the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 10, 2013.

Attorney(s) appearing for the Case

Linda K. Williams , Portland, argued the cause and filed the briefs for appellant.

Anna M. Joyce , Solicitor General, argued the cause for respondent. With her on the brief was John R. Kroger , Attorney General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Plaintiff brought this action seeking to enjoin defendant, the Secretary of State, from enforcing a statute under which a person "may not obtain signatures on a petition or prospective petition for which the person is being paid and, at the same time, obtain signatures on a petition or prospective petition for which the person is not being paid." ORS 250.048(9). Plaintiff also sought a declaration that the statute violated state and

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