Leo v. Keisling

In this certified appeal, the parties ask us to decide the following question:

“Is it unconstitutional for the Secretary of State to qualify an initiative to the ballot, relying on that ‘margin of error,’ ‘within the acceptable limits of the target,’ or any other similar statistical term, if the two statistical samplings done both produce estimates that the initiative petition was not ‘signed by a number of qualified voters equal [or greater than] six (6) percent of the total number of votes’ in the last gubernatorial election in Oregon?” (Brackets in original.)

The parties frame that question…