Ellis V. Roberts

This is an action brought under both the declaratory judgments act, ORS 28.010 et seq, and ORS 246.910(1).*fn1 Plaintiffs are two Oregon residents and registered voters whose more particular interest in this controversy will be detailed below. Defendant Roberts is the Secretary of State. Defendant Frohnmayer is the Attorney General and principal legal adviser to the Secretary of State concerning her duties under the state election laws. Defendants Wolverton, Wyers and Hendricksen are the principal sponsors of Ballot Measure 11, which the Secretary of State has certified for placement on the November 4, 1986, general election ballot. Plaintiffs claim that Ballot Measure 11 violates the "one subject only" clause in Oregon Constitution, Article IV, section 1(2)(d), and that the Secretary of State's certification of the measure is therefore unlawful. They seek injunctive and other relief designed to keep Ballot Measure 11 off the ballot. The trial court found that these plaintiffs are barred by laches. It dismissed the case. The case comes here on certification from the Court of Appeals. ORS 19.210. We affirm the judgment of the trial court, but on a different ground.