Mosee v. Clark

This is an election contest brought under ORS 251.025. Incumbent County Commissioner Dan E. Mosee was defeated in the general election November 5, 1968, by Donald E. Clark, a former sheriff of the county. Mosee alleged that Clark had deliberately made false claims of incumbency during the election campaign. The trial court found against Mosee and dismissed the petition. Mosee appeals.

The only issue is whether any of eight separate charges was established. To prevail, Mosee had to prove that Clark was responsible for publicity that was deliberately false in a material way. Cook v. Corbett, 251…