Oregon Advisory Opinions March 28, 1944: OAG 44-47 (March 28, 1944)

Oregon Attorney General Opinions

1944.

OAG 44-47.

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428

Dear Sir: In a letter dated March 22, 1944, you request the opinion of this office as to whether or not a person holding a remunerative office with the United States government, and particularly a commission in the United States army, is constitutionally eligible to be a candidate for a public office in this state.

Your question is somewhat ambiguous, for the reason that a person who has entered into active service with the United States army is in a different category than that of a person holding some other remunerative office.

On the assumption that it is what you desire, this opinion will be limited to the question of whether or not a person in the active service of the United States army, who is a commissioned officer therein, is eligible to be a candidate for public office in this state.

Section 1, chapter 296, Oregon Laws, 1941, provides that a person may be the incumbent of a public office in this state and at the same time be in the active service of the United States army.

Such provision is not in violation of section 10, Article II, of the Oregon constitution, which prohibits any person from holding more than one lucrative office at the same time, because it further provides that the state office of which such person is the then incumbent shall not be lucrative in so far as such person is concerned.

Section 81-501, O. C. L. A., provides, among other things, as follows:

"Any registered elector may become a candidate for his or her party nomination to any office to which he or she is constitutionally eligible * * *."

Under such provision of law it is, of course, necessary that a person be a registered elector to be eligible to become a candidate. Such requirement, in my opinion, is in no way affected by the fact that the prospective candidate may be a commissioned officer in the United States army or otherwise. On the other hand, a person being a registered elector and constitutionally eligible for public office in this state loses none of such qualifications by the act of entering or being in the United States army, as a commissioned officer or otherwise, and such is true, regardless of where such person may be serving.