Tyler D. Smith, P.C.

OSB# 07528
Attorney at Law

July 9, 2008

Via e-mail and US Mail

Secretary of State, Elections Division

John Lindback, Sumer Davis
255 Capitol St. NE STE 501
Salem, OR 97310-0722

Elections Division:

My law firm is representing chief petitioners for initiative petition 20. It has been brought to my
client’s attention that you are not planning to count the signatures gathered by registered
circulators who had properly submitted their SEL 309 forms on June 19th and had property filed
their SEL 308 change forms. There were a significant number of signatures obtained between
June 19th and June 23rd which would be improperly omitted if you make this error.

I write this letter demanding an immediate administrative review of your action. If we cannot
resolve this immediately I will be recommending that my client seek immediate legal action
against you. As you know the deadline for verifying and counting signatures is fast approaching
and any errors or election law violations by your office will create severe and costly damage to
my client. State law and your administrative rules are very clear on this matter.

Oregon Administrative Rule 165-014-0280(6) states:

(6) Whenever any of the information disclosed on the Circulator Registration (SEL 308) changes, the
circulator must report the change within 10 calendar days by filing an amended SEL 308 with the Elections
Division. If the change being disclosed is additional or different initiatives, referendums or recalls for
which the person will be circulating, the circulator may not begin gathering signatures for the additional or
different petitions until an updated SEL 309 signed by the chief petitioners is submitted.

And the SEL 308 form itself states:

“I will file an amended Circulator Registration Form prior to gathering signatures on any initiative,
referendum or recall petition not listed above”

The law is very clear that once the SEL 309 has been “submitted” by the chief petitioner
and the amended SEL 308 has been “filed” by the circulator they can gather signatures.
There is no requirement in the law or rules that they wait to receive a notification or approval of
this change from you when they are already registered and have their registration number.

//

181 N. Grant St. Ste 212 Page 1

Canby, OR 97013
(503) 266-5590
TylerSmithis@wbcable.net
Tyler D. Smith, P.C. OSB# 07528
Attorney at Law

You have already admitted that you received these documents by at least June 19th. This means
that as of June 19th these circulators had complied with the law and were thus authorized to
obtain signatures on Initiative Petition 20 during that time. The signatures obtained by those
circulators from June 19th forward to June 23rd and later on Initiative Petition 20 need to be
sorted, counted and verified.

Sincerely,

/s/ Tyler Smith

Tyler Smith

CC: clients (via e-mail only).

Encl: none.

181 N. Grant St. Ste 212 Page 2

Canby, OR 97013
(503) 266-5590
TylerSmithis@wbcable.net