Oregon Advisory Opinions January 25, 1946: OAG 46-19 (January 25, 1946)

Oregon Attorney General Opinions

1946.

OAG 46-19.

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381

Election board officers appointed to conduct referenda under § 109-305, O. C. L. A., (soil conservation districts) should take an oath of office. Forms suggested herein.

Gentlemen: You have requested my advice as to whether or not the polling superintendent and members of the polling board or boards appointed to conduct referenda under the provisions of § 109-305 D, O. C. L. A., are required to execute an oath of office before entering upon their duties as polling officers in connection with such referenda. You state that under the regulations adopted by the state committee a polling superintendent is appointed to supervise referenda, and a polling board of three members is appointed for each polling place and that it is inconvenient in rural areas to find a notary public or other official qualified to execute an oath of office, and that if possible under the general election laws the committee would like to eliminate the provision for the oath of office.

Section 109-305, O. C. L. A., as amended by chapter 348, Oregon Laws 1945, provides (subsection B) that within 60 days after a petition for the organization of a soil conservation district has been filed with the state soil conservation committee it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the general welfare, of the creation of such district, and other matters therein mentioned; that all owners of land within the limits of the territory described in the petition and all lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard.

Subsection C provides, among other things, that after the committee has met and recorded a determination that there is need, in the interest of the general welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in the act is administratively practicable and feasible, and that to assist the committee in such determination it shall be the duty of the committee, within a reasonable time, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given.

Subsection D provides:

"The committee shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda, and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted."

The statute does not provide that the referendum shall be conducted in the manner provided by the statutes of this state for the conduct of general elections, nor does it contain any requirement that the officers whom you refer to as polling officers shall be sworn.

It is my opinion that in the absence of any such provision in the statute as to the procedure, or direction that the referendum shall be conducted in any

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particular manner, it is not necessary that said polling officers should be sworn.

This conclusion is supported to some extent by other provisions of the act, particularly § 109-307, which relates to the termination of districts and petition and referendum therefor, and directs that the committee may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof. Said section contains the same provision as to the effect of informalities that is contained in subsection D. Section 109-309, which relates to election of officers after the organization of the district, provides, among other things, that candidates to fill pending vacancies in the board of supervisors shall be nominated, and such election shall be conducted as nearly as practicable in accordance with the general election laws of the state, provided that no particular form of ballot shall be required. Had the legislature intended that proceedings for the formation of a district should be conducted in accordance with the election laws it would have made such provision, as it has in the case of nomination and election of supervisors.

Notwithstanding the fact that the law does not require the formalities incidental to general and special elections to be observed in conducting referenda pursuant to § 109-305, O. C. L. A., as amended, I suggest that it might be well to adopt (insofar as applicable) as part of the administrative procedure in such cases the provisions of § 81-1614, O. C. L. A., for use in general elections when no notary or justice is present. It reads as follows:

"(For use when no notary or justice is present.)

I, the undersigned judge of said election, who swore in the other judges and clerks of said election, being first duly sworn, say upon oath, that I will perform the duties of judge of election according to law and that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the election.

---------, Judge

Subscribed and sworn to before me this---day of------, 19---.

---------, Judge of Election."

"Oath of office of judges and clerks---

Second election board:
STATE OF OREGON, County of --------- Precinct --------- ss.

We, the undersigned, being first duly sworn, severally say upon oath, I will perform, respectively, the duties of judge and clerk of election according to law, and that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the election.

---------, Chairman.
---------, Judge.
---------, Clerk.
---------, Clerk.
---------, Clerk.

Subscribed and sworn to before me this---day of------, 19---.

---------" and that in the preservation of poll books, tally sheets, ballot boxes, etc. it would be advisable to follow the procedure, insofar as applicable and convenient, provided by § 81-1617, O. C. L. A., which requires, among other things, that immediately after canvassing the votes, the judges and clerks to complete the count before they separate or adjourn shall enclose the poll books in separate covers, and securely seal the same. They shall also enclose the tally sheets in separate envelopes and seal the same securely. They shall also envelope all the ballots strung on strings, and seal the same securely, and shall in writing, with pen and ink, specify the contents.
GEORGE NEUNER,
Attorney General,
By Willis S. Moore, Assistant.