Oregon Advisory Opinions January 29, 1946: OAG 46-20 (January 29, 1946)
Collection: Oregon Attorney General Opinions
Docket: OAG 46-20
Date: Jan. 29, 1946
Advisory Opinion Text
OAG 46-20.
Residence is a matter of intent. A veteran considering Gold Beach, Curry County, as his residence since January, 1944, his wife residing there since that time, is entitled to registration for voting in that county.
Dear Sir: Under date of January 24, 1946, you state that a resident of California, who was a member of the Coast Guard, was married on January 22, 1944, to a resident of Curry County, Oregon; that his wife has continued to hold her residence in Curry County ever since, although she has at times been temporarily away from there prior to November 27, 1945, when her husband was discharged and returned to Gold Beach; that from the date of their marriage they have considered their residence as being at Gold Beach, Curry County, Oregon. You request my opinion whether the said veteran has established sufficient residence to authorize the county clerk to accept his request for registration.
Sections 2 and 4 of Article II, of the constitution of Oregon, provide:
§ 2. "In all elections, not otherwise provided for by this constitution, every citizen of the United States, of the age of 21 years and upwards, who shall have resided in the state during the six months immediately preceding such election, and who shall be duly registered prior to such election in the manner provided by law, shall be entitled to vote, provided such citizen is able to read and write the English language. * * *"
§ 4. "For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, or of this state; * * *"
Section 81-1610, O. C. L. A., which sets forth rules governing the determination of qualifications of electors, provides among other things:
"(1) The place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.
"(5) The place where a married man's family resides shall be considered and held to be his residence."
Residence is a matter of intent, and based upon your statement that the veteran referred to considers Gold Beach, Curry County, Oregon, to be his residence from the date of his marriage in January, 1944, and that his wife has resided there since that time, it is my opinion that he is entitled to registration by the county clerk of Curry County upon making a satisfactory showing of the facts herein referred to.