Oregon Advisory Opinions June 06, 1962: OAG 62-77 (June 6, 1962)
Collection: Oregon Attorney General Opinions
Docket: OAG 62-77
Date: June 6, 1962
Advisory Opinion Text
OAG 62-77.
State Representative
You request an opinion as to the legality of circulating an initiative petition on a constitutional amendment at a polling place during voting hours.
Articles IV and XVII of the Oregon Constitution and ORS chapter 254, governing the power of the electorate to amend the Constitution by the initiative method, contain no prohibitions upon the circulation of petitions at a polling place. The statute which appears to have relevance is ORS 260.650 (3), providing as follows:
"No person shall do any electioneering on election day within any polling place or within 50 feet of any polling place."
The word "electioneer" is defined in Webster's New International Dictionary, 2d ed., as follows:
"To work for, or in the interest of a person, ticket, party, or the like, in an election."
The obtaining of signatures on a petition for a constitutional amendment, which is not being voted upon, has no connection with the election at the polling place. To construe the term "electioneering" as used in ORS 260.650 (3) so as to encompass such activities would be extending its meaning beyond its intended scope and purpose.
Accordingly, it is our opinion that the circulating of an initiative petition on a constitutional amendment at a polling place during voting hours is lawful.