Oregon State Police Officers Ass'n v. State

*533VAN HOOMISSEN, J.

The primary issue in this case is whether the political activity clause of ORS 181.400(2) violates Article I, section 8, of the Oregon Constitution. It does. A secondary issue is whether plaintiffs are entitled to attorney fees as prevailing parties because they also pled a claim under 42 USC § 1983. They are not.

I

ORS 181.400(2) provides in part:

“Notwithstanding any other law, no member of the state police shall in any way be active or participate in any political contest of any general or special election, except to cast the ballot of the member of the state police.”1

Plaintif…