Oregon State Appeals Court Refuses to Rule on State Law that Prevents Anyone from Simultaneously Being a Paid Circulator for one Initiative and a Volunteer for Another

On July 12, an Oregon State Appeals Court issued a ruling in a case that challenges a state law that says no one may simultaneously be a volunteer petitioner for one initiative, while being paid to get signatures on another initiative. See this story. The Court said the issue is moot.


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Oregon State Appeals Court Refuses to Rule on State Law that Prevents Anyone from Simultaneously Being a Paid Circulator for one Initiative and a Volunteer for Another — No Comments

  1. Whatever happened to “capable of repetition, yet evading [judicial] review?” If your standing evaporates and your case become moot once the deadline (or the election) has passed, then how can any election law be successfully challenged, since it often takes the courts years to decide the case?

  2. The decision addresses this issue (the opinion, A148473 Couey v. Brown, is available on the Oregon Court of Appeals website).

    The specific criterion in Oregon Statute is “likely to evade judicial review in the future.”

    The court decided that because the circulation period for an initiative is two years, and actions of the Secretary of State related to elections are subject to expedited appeal, that it is not unlikely that a similar case would evade judicial review.

    The court said that it would not speculate whether or not the courts in the future would decide a similar case in a timely fashion.

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