Sizemore sues Oregon AFL-CIO over Measure 59

SALEM - Bill Sizemore's Oregon Taxpayers United (OTU) has filed a lawsuit against the Oregon AFL-CIO, Governor John Kitzhaber, Secretary of State Phil Keisling, Roger Gray and the Oregonians for Open and Fair Elections political action committee (PAC), alleging they misrepresented Ballot Measure 59's impact on the state's Voters' Pamphlet.

Gray, retired from the Oregon Education Association, was chair of the labor-funded PAC opposing Measure 59, an anti-union initiative that sought to ban dues checkoffs by members of public employee unions. Voters rejected the ballot measure 51 percent to 49 percent.

After the initiative qualified for the ballot (a lawsuit was filed in November claiming Sizemore didn't obtain enough qualified signatures, but that became moot after the measure was defeated), a committee appointed by Keisling to draft an impartial explanatory statement for the Voters' Pamphlet determined that the measure would, in fact, prohibit any paid statement in the Voters' Pamphlet supporting or opposing candidates, initiatives or ballot measures.

Specifically, the committee originally said, "It would be illegal to include in the Voters' Pamphlet any paid statement supporting or opposing candidates, initiatives or ballot measures." Sizemore, OTU and the No Taxpayer Money For Politics PAC appealed that explanation to the Oregon Supreme Court and, according to the lawsuit, the court removed the word "illegal" from the statement.

The lawsuit, filed in Multnomah County Circuit Court Dec. 3, maintains that despite the ruling the state labor federation, governor, secretary of state, Gray and the PAC opposing Measure 59 continued to promote and advertise the Voters' Pamphlet's demise. A second claim for relief in the lawsuit cites a circular that went out to voters making similar claims.

The lawsuit charges the "defendants' actions as alleged were taken with knowledge or with reckless disregard that the statements quoted were false statements of material fact."

Sizemore is seeking economic damages of $2,500 or greater and attorney fees on each claim, plus a published retraction through appropriate media.

"We're not worried too much about it," said Irv Fletcher, president of the Oregon AFL-CIO. "This is just another facet of Sizemore's campaign to lay the groundwork for the next time around. He lost the election and now he's trying to muddy us up through this lawsuit."