Oregon Advisory Opinions December 04, 1946: OAG 46-215 (December 4, 1946)

Oregon Attorney General Opinions

1946.

OAG 46-215.

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An elector who registered in October, 1946, but did not vote at the November, 1946, regular biennial election, is not subject to having his card removed from the election register until 30 days after the regular biennial election of 1948. The county clerk is not required to compare poll books of any other precinct than that in which such elector is registered.

Dear Sir: With your letter of November 30, 1946, you enclose a communication from H. A. Judd, County Clerk of Marion County, addressed to you as District Attorney, in which he propounds the following:

"Mr. X registered to vote October 4th, 1946. His name appeared in the poll book and the poll book discloses that he failed to vote at the November election, 1946.

"Question 1: Should his registration card be removed and notice sent as prescribed by the above mentioned section (§ 81-110, O. C. L. A.)?

"Question 2: Does the County Clerk have to check the poll books of other precincts to

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see if he voted in any other precinct in the 2-year period mentioned in said section?"

Section 81-110, O. C. L. A., provides:

"Within 30 days after each regular biennial election, the county clerk shall compare the poll books of all general and primary elections, and any other elections held throughout the county during the previous two years, with the register of electors, and if it appears that any one is on said register who does not appear on said poll books to have voted at, at least, one such election during such period, the county clerk shall remove the said card from the register of electors. Said cards so removed shall be retained for a period of one year and may then be destroyed. * * *"

In answer to question 1, it would seem that Mr. X, who registered on October 4, 1946, would not be subject to have his card removed from the register of electors until after the regular biennial election of 1948. Of course, if he voted at the primary election in 1948 or at the general election of that year, or at any special election that may be provided for by the 1947 legislature, then and in that event his card should not be removed at all. But assuming that he does not vote at any election, then and only then, 30 days after the regular biennial election of 1948 his card would be subject to removal from the book of registration. It follows that the notice should then, of course, be given.

Answering question 2, the county clerk would not be required to compare the poll books of any precinct except the one in which Mr. X is registered and his name appears on the register of electors.

We take it, of course, that each regular biennial election means the general election, and the phrase "during the previous two years" would give a registrant that period of grace in which to vote or, on failure to do so, subject his registration to cancellation and removal, unless he appears within the period of one year and signs the statement as provided in said § 81-110, O. C. L. A.