Oregon Advisory Opinions August 06, 1956: OAG 56-51 (August 6, 1956)
Collection: Oregon Attorney General Opinions
Docket: OAG 56-51
Date: Aug. 6, 1956
Advisory Opinion Text
OAG 56-51.
State Senator
This is in response to your letter of July 30, 1956, in which you ask the question:
"Under the requirements of the Oregon law with respect to the location at which voter's registration may be taken, please advise whether a registrar appointed by a county
clerk may take registrations at a temporary location." (Emphasis supplied)
The law governing the situation is contained in ORS 247.080 (1) as follows:
"The county clerk of each county shall appoint ample official registrars. They shall have jurisdiction in one or more precincts as the clerk shall designate. * * * Each registrar shall establish and maintain a fixed place, conveniently located, for the registration of voters. He shall, so far as practicable, acquaint the public with the location and facilities available for registration and the ease and convenience with which it may be accomplished. No registrar shall conduct any canvass for the purpose of securing registrations. * * *"
The law must be construed by giving the words therein their ordinary and usual meaning keeping always before us the legislative intention as it is made apparent in the Act. Berry Transport v. Heltzel, (1954) 202 Or. 161.
A "temporary" location is one lasting for a short time only; existing or continuing for a limited time; not of long duration; not permanent; transitory; or changing; while a "fixed" place is one that is settled; established; firm; unchanging; permanent; or lasting. 17 Words & Phrases 103; 41 Words & Phrases 263.
The placing of a registrar's facilities at a "temporary" location might mean a few hours, a day, a week or any other short period of time when weighed against the period between elections. Whereas the law requires the registrar to "establish and maintain a fixed place, * * * for the registration of voters." (Emphasis supplied)
It is my opinion that under present Oregon law, a registrar may not take registrations from a "temporary" location. The second question you ask is:
"If county clerks decline to appoint new registrars upon request, what remedy lies for the people of a community or a neighborhood desiring a new registrar?"
Registrars are the personal appointees of a county clerk having jurisdiction in one or more precincts as the clerk shall designate and as stated in ORS 247.080 "shall hold office at the pleasure of the county clerk, but not beyond the term for which the clerk was elected."
If, by your question, you mean how does a community get additional registrars appointed, the answer is contained in the same section, where it states:
"* * * The county court or board of county commissioners shall make the final decision if ample facilities are not provided for such registration and the county clerk has denied a request for additional facilities. Such request shall be signed by not less than 25 resident taxpayers of the county and presented to the county court or board of county commissioners."