Oregon Advisory Opinions June 26, 1946: OAG 46-127 (June 26, 1946)

Oregon Attorney General Opinions

1946.

OAG 46-127.

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510

Proceedings to incorporate a community as a water district under provisions of title 116, chapter 10, O. C. L. A., are not invalidated by failure to file petitions for nominating candidates for commissioner when petition to hold organization election is filed.

Dear Sir: I have your letter of June 25, 1946, in which you state that the residents of the Beverly Beach community of Lincoln county are petitioning for the formation of a water district for the purpose of supplying their inhabitants with water for domestic purposes and that they propose to file a petition demanding an election therefor without the filing of petitions for candidates for the office of commissioner for the proposed district.

You then state:

"* * * I will appreciate your giving me an opinion as to the legality of the formation of a water district prior to the election of which the petitions for office of commissioners have not been filed, the ballot containing the names of no persons nominated for commissioner, and said ballot having space for the writing in of the names of persons to serve as commissioners."

It is my opinion that the failure alone, to file petitions for the nomination of candidates for the office of commissioner in such an election would not affect the legality of such a proceeding.

Under the provisions of chapter 10, Title 116, O. C. L. A., authorizing communities to be incorporated as municipal corporations for the purpose of supplying their inhabitants with water for domestic purposes, it is not necessary to the validity of the proceedings to incorporate such a district, that petitions for the nomination of candidates for the office of commissioner be filed. It is necessary, however, that the number of commissioners required by the voters to carry out the purposes of the incorporation be stated in the petition demanding the election (§ 116-1002, O. C. L. A.), and that provision be made by the county clerk on the "official ballot" for the number of commissioners specified in the petition by providing blank spaces equal in number to that stated in the petition so that the voter may "write in" the names of any persons for whom he desires to vote as candidates for such office. See §§ 116-1003, 116-1006, and § 81-1503, O. C. L. A.