Opinion

State v. Campbell

  • 265 Or. 82
  • 506 P.2d 163
  • 1973 Ore. LEXIS 409
Court
Oregon Supreme Court
Filed
Feb 15, 1973
Status
Published
Author
Denecke
On the bench
O'Connell, McAllister, Denecke, Holman, Howell, Bryson
Cited by
10 cases

rejecting challenge under Article IV, section 1, of the Oregon Constitution to former ORS 254.590 (1971), renumbered as ORS 260.565 (1981

How later courts described this case

  • rejecting challenge under Article IV, section 1, of the Oregon Constitution to former ORS 254.590 (1971), renumbered as ORS 260.565 (1981
  • purpose of 1968 amendment was to change basis for signature requirements and to provide more time for signature certification
  • court analyzed Article IV, section 1, under 1902 version of that section, assuming that 1968 amendment made no substantive change with respect to legislature’s authority in connection with initiative and referendum
  • "The explanation of the 1968 amendment in the official Voters' Pamphlet indicates that there was no intention in the drafting of the amendment to change the role of the legislature in connection with the exercise by the people of the initiative and referendum."

Written by the judges who cited it.

The opinion

DENECKE, J.,

dissenting in part.

I dissent' from' that part of the majority 'decision affirming the convictions of defendants Campf and ■Collins. I concur with -Mr. Chief Justice O’Connell’s .specially concurring opinion that the terms of -the contract do not provide beyond a,reasonable doubt that Campf and. Collins - knew or intended that Campbell .would pay persons who circulated petitions. •

I alscr concur with that part of the Chief Justice’s *101 opinion that the statute would not he in violation of Art IY, § 1, if it were construed to prohibit all payment of compensation to persons who undertake to organize or administer an initiative or referendum campaign. However, I do not believe that is the most reasonable interpretation of the statute; therefore, I cannot adopt the Chief Justice’s reasoning in affirming the convictions of Campf and Collins.

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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