Chapter 248

 

ATTY. GEN. OPINIONS: Personal liability of officers, employes and delegates or precinct committee members of political party’s state or county central committee, for committee obligations, (1979) Vol 39, p 759; constitutionality of statutes governing county and state central committees of major political parties, (1981) Vol 42, p 93

 

      248.008

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 249.732)

 

      There must be territorial nexus between electoral district where party’s candidate polled votes in preceding election and “district for which nomination is made” in present election. Friedman v. Paulus, 70 Or App 612, 689 P2d 1330 (1984), Sup Ct review denied

 

In general

 

      Statutory provisions making recognition as “minor political party” contingent on demonstration of support from five percent of voting electorate are not contrary to provisions of Oregon and United States Constitutions. Libertarian Party of Oregon v. Roberts, 305 Or 238, 750 P2d 1147 (1988)

 

      248.010

 

NOTE: Repealed as of September 29, 2019

 

NOTES OF DECISIONS

 

      Prohibition against new party using any part of name used by established party violates federal constitutional rights to associate and to cast votes. Freedom Socialist Party v. Bradbury, 182 Or App 217, 48 P3d 199 (2002)

 

ATTY. GEN. OPINIONS: Independent candidate’s use of party name in Voters’ Pamphlet material, (1972) Vol 36, p 55

 

      248.011

 

NOTES OF DECISIONS

 

      Secretary of State not prohibited by this provision from construing political party bylaws or organizational documents when determining identity of party officers for purposes of nominating candidates. Reeves v. Wagner, 295 Or App 295, 434 P3d 429 (2018)

 

      248.012

 

      See annotations under ORS 248.100 in permanent edition.

 

      248.024

 

      See annotations under ORS 248.047 in permanent edition.

 

      248.026

 

      See annotations under ORS 248.055 in permanent edition.

 

      248.031

 

      See annotations under ORS 248.025 in permanent edition.