Opinion

State ex rel Sajo v. Paulus

  • 297 Or. 646
  • 688 P.2d 367
Court
Oregon Supreme Court
Filed
Aug 29, 1984
Status
Published
Author
Peterson
On the bench
Bpeterson, Carson, Jones, Peterson, Roberts
Cited by
16 cases

"The 55 signatures should not have been invalidated for the reason that the address on the petition was not the same as the address on the registration card."

How later courts described this case

  • "The 55 signatures should not have been invalidated for the reason that the address on the petition was not the same as the address on the registration card."
  • “Article II, section 2 neither requires nor defines registration of otherwise qualified voters; it leaves this to be provided by law. * * * And article IV, section 1(4)(b
  • reviewing method of qualifying signatures on initiative petitions

Written by the judges who cited it.

The opinion

PETERSON, C. J.,

concurring.

I do not agree with part IIA of the opinion.

Article IV, section 1 (4) (b) of the Constitution of Oregon provides:

“Initiative and referendum measures shall be submitted to the people as provided in this section and by law not inconsistent therewith.”

The legislature has passed a law to implement section l(4)(b). ORS 250.105(3) provides:

“The Secretary of State by rule shall designate a statistical sampling technique to verify signatures of an initiative or referendum petition. The secretary may employ professional assistance to determine the sampling technique.”

The Secretary of State has promulgated a rule, OAR 165-14-030, which provides that the Secretary of State “reserves the right to designate that any petition or part of any petition have all the signatures verified [by a statistical sampling approach].”

I read the majority opinion to hold (in the last sentence of Part IIA) that that regulation is impermissible, that the Secretary of State must afford some method to “secure actual pre-filing verification of signatures that are submitted sufficiently in advance of the deadline to make individual verification possible.”

That question is not presented in this case, and has not been argued. It is an important question. The statutes are silent as to a method of pre-filing verification.

Though I might agree with the conclusion of Part IIA were the question presented, I disengage myself from the holding. We should only decide questions that are presentee for decision.

Carson and Jones, JJ., join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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