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Cook v. Corbett

446 P.2d 179, 251 Or. 263, 1968 Ore. LEXIS 449
CourtOregon Supreme Court
DecidedSeptember 25, 1968
StatusPublished
Cited by14 cases

This text of 446 P.2d 179 (Cook v. Corbett) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Corbett, 446 P.2d 179, 251 Or. 263, 1968 Ore. LEXIS 449 (Or. 1968).

Opinion

McAllister, j.

This is an election contest over the Democratic nomination for Senator for the Twelfth Senatorial District (Multnomah county), Position No. 4. Alice Corbett and Vernon Cook were the only two candidates for the nomination in the primary election held on May 28, 1968. Corbett received the highest number of votes and was declared the nominee.

Cook brought this contest pursuant to ORS 251.015 to ORS 251.090, on the ground that Corbett had during her campaign made false statements -in violation of the Corrupt Practices Act, ORS 260.010 to ORS *265 260.540. The circuit court found that Corbett had made false statements, but that the statements were not deliberate or material, and dismissed the proceeding. Cook appeals.

The evidence consists of an agreed statement of facts and numerous exhibits. It appears therefrom that in 1964 Cook was elected at large to the Senate from Multnomah county, for a four-year term expiring in January, 1969. In 1965 the legislature provided by law (Oregon Laws 1965 ch 578) that legislative candidates from Multnomah county should run by position number, and pursuant thereto Cook was assigned Position No. 4. At the primary election in May, 1968, he was running for the Democratic nomination for Position No. 4, of which he was the incumbent.

Alice Corbett served two consecutive four-year terms as Senator from Multnomah county. Her second term expired in January, 1967, and during that term she was assigned Position No. 8. It will be noted that when Corbett was running for the Democratic nomination in May, 1968, she was not an incumbent Senator.

Prom the agreed statement of facts and the exhibits it appears that during her campaign Corbett published the following statements:

(a) She submitted to the Director of Elections a campaign slogan which was printed on sample ballots distributed to voters and on every official ballot, and in the newspapers, reading as follows:

“Re-elect Democratic Senator working for you. Economy, more jobs, lower property taxes.”

(b) She submitted to the Director of Elections material which was inserted in the Voters’ Pamphlet, *266 published and distributed to the voters by the state, reading as follows:

Primary Election, May 28,196S_ 125
Democrat ALICE CORBETT
For State Senator, Twelfth District Multnomah County, Position No. 4
RE-ELECT SENATOR
CORBETT because . . .
SENATOR ALICE
CORBETT can get . . .
NEW INDUSTRY in Oregon.
MORE JOBS and improved business conditions.
[Photo omitted] A FAIR TAX pro-
gram, based. on thrift and economy.
A more equitable distribution of school funds.
ADEQUATE old-age ASSISTANCE FOR SENIOR CITIZENS.
Progressive and FAIR LABOR LEGISLATION.
SENATOR ALICE CORBETT WILL continue to OPPOSE . . .
The sales tax and any INCREASE in property TAXES.
Any legislation designed to keep prices high.
RE-ELECT SENATOR CORBETT because . . .
As your Senator (1959-1907) and Democratic National Committeewoman ior eight years (19G0-19G8) she has earned the respect and admiration of such labor leaders as Phil Brady and Bill Way, and political leaders as House Speaker, Pat Dooley, and President of the Senate. Walter J. Pearson.
Join us in re-electing SENATOR ALICE CORBETT.
RE-ELECT SENATOR CORBETT COMMITTEE
Ward Cook, Chairman, 4175 S.W. Humphrey Blvd.
(This information furnished by Re-elect Senator Corbett Committee)

*267 (c) She distributed placards reading:

“Re-elect Democratic Senator CORBET T”

(d) She published advertisements in newspapers of broad circulation in Multnomah county which implied that she was the incumbent Senator of Position No. 4. One of the widely used advertisements read in part as follows:

“Make Your Vote Count Tuesday!
Re-elect
CORBETT
State Senator---Position #4”

Another widely used newspaper advertisement is reproduced below:

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Cite This Page — Counsel Stack

Bluebook (online)
446 P.2d 179, 251 Or. 263, 1968 Ore. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-corbett-or-1968.