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WHITEHEAD v. FAGAN

(CC 16CV28212) (SC S068382).

501 P.3d 1027 (2021)

369 Or. 112

Richard Taylor WHITEHEAD; Timothy Grant; and Citizens in Charge Foundation, a Virginia not-for-profit corporation, Respondents on Review, v. Shemia FAGAN, Secretary of State of the State of Oregon, Petitioner on Review.

Supreme Court of Oregon, En Banc.

December 30, 2021.

Attorney(s) appearing for the Case

Christopher A. Perdue , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Chris Swift , Davis Wright Tremaine LLP, Portland, argued the cause for respondents on review. Evan R. Christopher , Portland, filed the brief for respondents on review. Also on the brief was Gregory A. Chaimov , Portland.

Greg Wasson filed the brief on behalf of himself as amicus curiae. Also on the brief was Jesse A. Buss , Willamette Law Group, Oregon City.

Daniel W. Meek , Portland, filed the brief on behalf of amici curiae Oregon Progressive Party and Independent Party of Oregon.

The question in this case is whether the Secretary of State is required to count the signatures on an initiative petition of voters whose registration is deemed "inactive." Plaintiffs are supporters of Initiative Petition 50 (2016) (IP 50) who sought to qualify that initiative for the 2016 ballot.1 After the...

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