Voters who signed referendum to repeal Legislature’s civil union bill go to court over their wrongfully rejected signatures

PORTLAND, Ore. — Attorneys with the Alliance Defense Fund filed a lawsuit Monday in federal court against the Oregon Secretary of State and several county clerks after those offices wrongfully invalidated voters’ signatures on a citizen referendum. If sustained, the referendum would place onto the November 2008 ballot an option for voters to repeal the state legislature’s domestic partnership bill.

“Our country is founded on the basic principle of government of the people, by the people, and for the people. It is un-American that Oregon citizens are being denied the right to have their vote count in an important referendum,” said ADF Senior Legal Counsel, Austin R. Nimocks.

“The county clerks must fulfill their duty, which is to make sure that every citizen’s legitimately submitted signature counts,” Nimocks added. “The right to exercise one’s voice in the democratic process is a crucial one, and state and county officials must not infringe upon that right.”

ADF attorneys filed a lawsuit on behalf of several Oregonians whose signatures were invalidated by clerks’ offices in 12 different counties. Many of the citizens sought, in person, to have their signatures revalidated since no legitimate reason existed to reject their signatures, but the clerks refused.

Signatures were improperly invalidated for various reasons, including determinations that signatures did not match their corresponding voter registration cards, though they did. Other signatures were excluded for voters allegedly not being registered, though they were. Another signer’s signature was excluded because the clerk considered the signature “illegible,” though it could be read. None of the 254 signers who had their signatures excluded by clerks were ever contacted about the matter.

“In Oregon elections, where most citizens vote by mail, voters are routinely contacted about missing, old, or non-matching signatures, all in an effort to give the voter every chance to make sure that their vote counts,” Nimocks explained. “Yet, when it came to Referendum 303, clerks were unconcerned about ensuring that every vote counted and contacted no one. The law allows them to contact the signers, but they refused.”

Though the number of signatures for the referendum submitted to the office exceeded the required number by more than 6,000, the Secretary of State publicly announced on Oct. 8 that there were not enough signatures to sustain the referendum. On Oct. 26, when the final results were certified by the Secretary of State, Referendum 303 was only five signatures shy of gaining access to the ballot.