Oregon Advisory Opinions July 28, 1954: OAG 54-50 (July 28, 1954)
Collection: Oregon Attorney General Opinions
Docket: OAG 54-50
Date: July 28, 1954
Advisory Opinion Text
OAG 54-50.
Secretary of State
This is to acknowledge receipt of your letter of July 21, 1954, in which you state that Senator Philip S. Hitchcock has resigned, effective July 16, 1954. You ask to be advised as to the proper procedure to nominate candidates to succeed to the vacancy in the state senate thus created.
Senator Hitchcock was elected at the 1952 general election for a term of four years to represent the 17th Senatorial District, comprised of Klamath, Lake, Deschutes, Crook and Jefferson Counties. This term does not expire until the first Monday in January, 1957.
Section 3, Article IV, Oregon Constitution, provides that:
"* * * If a vacancy in the office of senator or representative from any county or district shall occur, such vacancy shall be filled as may be provided by law."
ORS 171.050, relating to the filling of a vacancy in the Legislative Assembly, provides:
"(2) If the vacancy does not occur during a legislative session and if an election is to intervene between the occurrence of any such vacancy and the time of convening of any regular or special session of the legislature at which such vacancy can be filled by vote of the electors of the legislative district in which the vacancy has occurred, no interim appointment shall be made and the vacancy shall be filled by the voters of the legislative district affected."
The manner of selecting the candidates for election on whom the people will vote for the purpose of filling the vacancy is provided for in ORS 249.120:
"* * * if there occurs a vacancy by death, resignation or otherwise, * * * in any elective state * * * office, on or after the day set by law for holding primary elections, * * * the state * * * central committee * * * of any political party, or the managing or executive committee thereof, may nominate a candidate for the vacancy upon the call of the chairman of the committee. The name of the person so nominated for the vacancy shall be certified to the proper officer by the chairman of such committee, attested by the secretary thereof, substantially in the manner provided by ORS 249.840 and 249.850. In the event such nomination is filed with the Secretary of State he shall certify the same to the various county clerks in the manner prescribed in ORS 249.850." (Emphasis supplied)
A state senator being a state officer: Opinions of the Attorney General, 1950-1952, p. 97, who in this instance represents more than one county, it is the responsibility of the state central committee of each political party to nominate a candidate for the existing vacancy.
The name of the person nominated by the state central committee of each political party may be certified directly to the Secretary of State in accordance with the procedure set forth in ORS 249.850.