Oregon Advisory Opinions March 28, 1942: OAG 42-78 (March 28, 1942)
Collection: Oregon Attorney General Opinions
Docket: OAG 42-78
Date: March 28, 1942
Advisory Opinion Text
OAG 42-78.
Peoples' utility district statute does not require that notice of a district election held concurrently with a general election be published in a newspaper by county clerk.
District should provide the printed notices of election to the county clerk
Where district election held concurrently with primary election district questions should be placed upon a separate ballot.
Dear Sir: You have referred to this office for opinion a number of questions concerning the construction of the peoples' utility district law, chapter II, Title 114, O. C. L. A.
Your first question is as follows:
"Section 81-311 of the primary elections code provides the manner of giving notice of primary elections, and requires only that notice be given by posting. A portion of section 114-241 refers to giving notice in the same manner as in a general election, but uses the words 'Posted and Published'. The question is whether or not the clerk is required to make use also of newspaper publication in a P. U. D. election, and if so, in what manner."
An examination of section 114-241, O. C. L. A., discloses that the legislature has made the provision for notice of peoples' utility district elections dependent upon whether the election is held by itself or at the time of and concurrent with the general election. It is reasonable to assume that the legislature intended that notice of a district election to be held concurrently with a general election need not be given the same amount of notoriety as an isolated district election, for the reason that the notoriety given a general election would also aid in notifying the voters entitled to vote in the district election.
Inasmuch as the peoples' utility district law, section 114-241, provides that notice of a district election to be held concurrently with a general election shall be given by the county clerk "in the same manner as the notice for said general election", and the statutes relating to general elections, and particularly section 81-311, provide only that notice of a general election shall be by posting, the use of the words "and published" in the phrase, "notice (of a district election to be concurrent with a general election) * * * shall be posted and published as a part of said notice for said general election", must be held to be nugatory. Or, it could be said that "published", as so used, means the communication of information from the posted notice. Since said notice is to be given in the same manner and as a part of the general election notice which is posted only, it is not seen how it could be published and still comply with these requirements.
Answering your first question, it is my opinion that the statute does not require that notice of a peoples' utility district election, to be held concurrently with a general election, be published in a newspaper by a county clerk.
You next ask:
"Under * * * section 114-241 the question also arises whether the secretary of the board is required to furnish to the clerk the actual printed
notices for posting, or merely the form to be printed as a part of the general notice of the primary election."
The applicable portion of section 114-241 is as follows:
"* * * The secretary of the board or other person designated by the board shall, not less than 45 days before such general election, furnish said notices of election to the county clerk or county clerks."
It is to be noted that the statute refers to notices in the plural. It does not seem reasonable that the legislature used notices in the plural as meaning only a form of notice. The printing of peoples' utility district election notices would necessitate an expense to the county, whereas the general intent of the peoples' utility district law, for example, section 114-226, is that the district should bear its own expenses incurred for elections. See section 114-268.
Answering your second question, I am of the opinion that the district should provide the printed notices of election to the county clerk, as distinguished from the mere form thereof.
"3. A portion of section 114-242 reads: '* * * and the county clerk shall thereupon cause such questions to be placed upon the ballot.' The question arises whether, since this election is held concurrently with a primary election and there will be two party ballots, and since the district covers only a part of the county and in some cases only parts of a precinct, a separate ballot containing only the revenue bond question is authorized."
Section 81-603, O. C. L. A., the general statute governing the form and contents of the official ballot for primary elections, makes no provision for the placing on such ballot of questions to be submitted to the vote of the people. Inasmuch as this statute makes no provision for putting a question on the ballot, it is my opinion that the utility district question should be placed upon a separate ballot, especially in light of the fact that there are no doubt some voters who are entitled to vote upon the district question who are not registered as republicans or democrats so as to be entitled to vote for the various candidates.