Measure 92 Proponents File Suit, Demand All Ballots Be Counted: Updated

Proponents of Measure 92, which would require the labeling of genetically modified foods, today filed a lawsuit in Multnomah County Court aimed at forcing Secretary of State Kate Brown to count 4,600 ballots that proponents believe have been incorrectly rejected by elections officials.

The elections division is currently conducting a hand recount of the result of Measure 92 because after the original tally, the margin by which the measure failed—812 out of more than 1.5 million cast—was less than the threshold that triggers an automatic recount. On Friday, Multnomah County finished its recount and reported that proponents picked up 25 additional "yes" votes. 

The lawsuit says about 1,100 of the uncounted 4,600 ballots are in Multnomah County, which overwhelmingly supported labeling.

The lawsuit was announced by the Washington D.C.-based Center for Food Safety, which wrote Measure 92 and whose political action committee raised more than $1 million for the campaign.

Tony Green, the spokesman for Secretary of State Brown, was not immediately available for comment.

Updated at 3:25 pm:

Pat McCormick, the treasurer for the No on 92 Coalition, which opposed labeling issued the following statement:

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