Oregon Advisory Opinions August 22, 1956: OAG 56-57 (August 22, 1956)

Oregon Attorney General Opinions

1956.

OAG 56-57.

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This is in reply to your letter of May 29, 1956, requesting our opinion on two questions pertaining to the candidacy of a person for the office of judge of the circuit court. From the correspondence accompanying your request, it appears first that there was published in the Voters' Pamphlet for the primary election of May 18, 1956, a statement advocating the candidacy of a person for the office of circuit judge, signed by a friend of the candidate, and, following his signature, words designating him to be mayor of a certain city. A resident and voter of this city has expressed to your office objection to the publishing of the statement, giving as reasons therefor that the signer cannot speak for the voter of the city in his official capacity. This voter expressed the further belief that your office should not permit any such statements to be published in the Voters' Pamphlet.

ORS 255.040 specifies the kinds of statements or other matter offered for publication in the Voters' Pamphlet which, if determined by the Secretary of State to contain such prohibited material, he shall refuse to publish therein. The fact that a statement offered for publication in the pamphlet is signed by a person in the manner complained of would in no way bring such material within the prohibitions contained in said section. Neither does the act of a public officer in lending the title of his office to such a statement appear to violate the provisions of ORS chapter 260 or 241.525.

We assume that the objection expressed is particularly directed to your possible acceptance of any statement which might be offered for insertion in the Voters' Pamphlet to be published prior to the forthcoming general election, if such statement should be signed in the same manner as that objected to, that is, with "Mayor of the City of X" appended to such signature.

ORS 255.210, pertaining to filing of statements for publication in the general election Voters' Pamphlet, provides in part:

"* * * the state executive committee or managing officers of any political party or ORGAnization having nominated candidates, but no others except independent candidates, may file with the Secretary of State portrait cuts of its candidates and typewritten statements and arguments for the success of its principles and election of its candidates, * * *." (Emphasis supplied)

ORS 255.240, providing what shall be printed in the general election Voters' Pamphlet to identify the person or persons causing such statements to be published therein, provides:

"In the foot margin of every page of the pamphlet provided for the general election shall be shown the authority for the statements thereof, as 'This information furnished by ( title of committee or managing agent of the political party or name of the independent candidate ),' as the case may be." (Emphasis supplied)

Who may file statements in the general election Voters' Pamphlets in behalf of candidates, and the manner and style in which authority for publishing such statements may be printed in said Voters' Pamphlets, is limited as prescribed by the above-quoted sections of our election laws. Therefore, with respect to any statement which may be submitted to your office for printing in the general election Voters' Pamphlet, for or in behalf of a candidate for the office of circuit judge, it is my opinion that you are without authority to cause to be printed therein the signature of any person submitting such statement, or such signature together with any other title added thereto, such as "Mayor of the City of X", since the same would be contrary to the plain provisions and limitations of ORS 255.240.

The second question asked was whether there is "any rule against the changing of the slogan from the primary to the general election".

We deem the term "slogan" as referring to the statement, not exceeding 12 words, as authorized by ORS 249.220 and 252.030.

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ORS 249.220 provides in part:

"Declarations of candidates for party nominations shall be substantially as follows:

"* * * and the form in which he wishes it printed after his name on the nominating ballot, not exceeding 12 words ). * * *" (Emphasis supplied)

ORS 249.550, prescribing the style, form and arrangement of the official primary nominating ballot of a political party, provides in part:

"(1) * * * It shall state:

"(c) The names of all candidates for nomination * * *.

"(d) * * * There shall be added opposite the name of each person the measures he specially advocates, expressed in not more than 12 words, as specified in the petition for nomination naming him for the office. * * *" (Emphasis supplied)

ORS 249.560 contains an illustration of an official primary election ballot; it is to be noted that opposite most of the names of candidates appearing thereon are statements, or "slogans", of not more than 12 words, as authorized by ORS 249.220 and 249.550.

ORS 252.050, pertaining to the judiciary ballot for primary elections, provides in part:

"(1) * * * On these ballots shall be placed the names of the candidates for the office and, after each name, the name of the county in which each candidate resides, and a statement, not exceeding 10 words, of his qualifications and experience, * * *." (Emphasis supplied)

ORS 250.050, which prescribes the duties of the Secretary of State in arranging names and other information for the official ballots for the general elections, provides in part:

"* * * shall arrange, in the manner provided in this chapter, for the arrangement of the names and other information upon the ballots and all the names and other information concerning all the candidates contained in the certificates of nomination which have been filed with him and accepted by the nominees. * * *" (Emphasis supplied)

ORS 250.110, prescribing the style, form and marking of the official ballot for general elections, provides in part:

"(3) * * * There shall be added opposite his name the party or political designation. This shall be expressed in not more than three words for any one party, as specified in each of the certificates of nomination. * * *" (Emphasis supplied)

See Stanfield v. Kozer, 119 Or. 324, and Putnam v. Kozer, 119 Or. 535, 541.

In the Putnam case, supra, the court held in part:

"The relator being a Democratic candidate, nominated at the primary election by the Democratic party, the law, not the candidate, declares what designation shall follow his name upon the official ballot. * * *"

ORS 250.120, containing an illustration of an official ballot for general elections, shows no statements, or "slogans", opposite the names of any of the candidates appearing therein.

ORS 252.070, pertaining to the judiciary ballot for general elections, provides in part:

"(1) * * * On it, except as otherwise permitted by ORS 252.260 and 252.360, there shall be printed only the names of all candidates who have been nominated * * *." (Emphasis supplied)

The command of the legislature appears to be clear; on the judiciary ballot at primary elections there shall be printed the name of the candidate, together with the name of the county in which each candidate resides and a statement, if any, expressing the candidate's qualifications and experience. On the general election ballot "only the names" of the candidates shall appear.

It is therefore my opinion that the statutes prohibit the printing of anything but the name of partisan candidates on the official ballot at general elections, together with his party or political designation expressed in not more than three words. Likewise, it is my opinion that nothing but the name of a candidate may be printed on the judiciary ballot at general elections. This being so, your second question is necessarily answered in the negative.