Oregon Advisory Opinions February 26, 1946: OAG 46-43 (February 26, 1946)

Oregon Attorney General Opinions

1946.

OAG 46-43.

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404

Under section 81-2502, O. C. L. A., a candidate for public office may insert in the voters' pamphlet a picture of himself taken while dressed in the uniform of the United States army.

Dear Sir: I have a request for an opinion construing § 81-2502, O. C. L. A., as amended by chapter 50, Oregon Laws 1945. The question is whether a candidate for the office of representative may insert in the voters' pamphlet a picture of himself taken while dressed in the uniform of the United States army.

The statute permits each candidate to submit a portrait cut for printing in the voters' pamphlet. A "portrait cut" is defined in § 81-2502, O. C. L. A., as follows:

" * * * an engraving on a metallic plate securely affixed to a wood base, of a conventional photograph of a candidate's face, or face and bust, not over five years old, and shall be understood to exclude any cut which reproduces an informal snapshot, cartoon, caricature, or similar representation. * * *"

The term "conventional portrait" is used to distinguish an ordinary photographic likeness from a cartoon, caricature, informal snapshot, and the like. In no sense does the wearing of the United States army uniform render a portrait "unconventional". The only prohibition against the showing of a uniform in such portrait is found in the same statute:

" * * * nor shall any candidate be entitled to display in such pamphlet any cut showing the uniform or insignia of any organization which advocates or teaches racial or religious intolerance; * * *."

Provided, of course, that the picture is an ordinary photographic likeness of the candidate's face, or of his face and bust, the showing of the uniform of the army of the United States is not prohibited.