Oregon Advisory Opinions January 25, 1962: OAG 62-10 (January 25, 1962)

OAG 62-10.

You inquire as to whether the county clerk has authority to direct a city recorder to conduct a recall election, suggesting ORS 246.830 as a possible source of authority. You further ask "whether or not local elections incompasses City elections", presumably in reference to ORS chapter 246.

ORS 246.830, authorizing the county clerk to issue orders to local election officials upon their failure to comply with an election law or directive issued under ORS 246.220, must be read in conjunction with ORS 246.011. This latter statute specifically defines "local election official" so as to exclude city officials. Therefore, ORS 246.830 furnishes no authority to a county clerk for an order of any kind to a city official.

Recall elections and their procedures are prescribed by Article II, § 18, of the Oregon Constitution, and ORS chapter 254. Since there is no authority given to the county clerk over a city recorder in the matter of recall elections, none exists.

In response to your second question, ORS chapter 246 does not purport to regulate the activities of city officials. Whenever ORS chapter 246 deals with the subject of cities, as such, it specifically refers to that subject, e.g., ORS 246.410.