Oregon Advisory Opinions September 08, 1966: OAG 66-113 (September 8, 1966)

Oregon Attorney General Opinions

1966.

OAG 66-113.

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35

ORS 478.041 (6) and 250.121 require the county clerk to publish a facsimile, except as to size, of the sample ballot to be provided at a formation election of a rural fire protection district.

In connection with the formation election of a proposed rural fire protection district you ask whether the county clerk should publish a facsimile ballot prior to that election.

ORS 478.020 provides for the presentation to the county court or board of county commissioners of a petition to form a rural fire protection district and notice of a hearing thereon.

ORS 478.030 provides for the hearing on the petition by the county governing body.

ORS 478.041 provides the procedure for the special election on the formation of the district. The election is set by order of the county court or board of county commissioners. The order is required to set forth the boundaries of the proposed district. ORS 478.041 (1).

ORS 478.041 (2) provides for fixing the time of the election.

ORS 478.041 (3) describes the official ballot and the ballot title thereof to be used at the election.

ORS 478.041 (4) provides for the appointing of clerks of election and the fixing of the place or places for holding the election.

The county clerk is required to give notice of the election by causing a copy of the order for the holding thereof together with the date of and the place or places for holding the election to be posted in three public places in the proposed district for four successive weeks prior to the election. The clerk is also required to publish such order and information in a newspaper of general circulation within the proposed district once a week for four successive weeks prior to the election. ORS 478.041 (5).

ORS 478.041 (6) provides as follows:

"The procedure for such elections, except as otherwise herein specifically set out, shall be as provided for in cases of general election."

ORS chapter 250 governs the conduct of general and special elections.

ORS 250.150 states:

"There shall be provided and furnished for each precinct, at any general or special election, at least as many official ballots as there are electors registered in the precinct when the register of electors is closed preceding any such election, and as many sample ballots as the county clerk considers necessary to supply persons requesting them at polling places and for public distribution. * * *" (Emphasis supplied)

ORS 250.121 requires the county clerk to publish a facsimile, except as to size, of the sample ballot to be provided at the election under ORS 250.150, supra.

Our primary duty in construing statutes is to ascertain and give effect to the intention of the legislature as expressed in the statute. 82 C.J.S. Statutes, § 321, p. 560; ORS 174.010 and 174.020. That intention is to be ascertained primarily from the language used. Berry Transport, Inc. v. Heltzel, (1954) 202 Or. 161, 167, 272 P. (2d) 965.

The legislative intent expressed in the foregoing statutes is plain and unambiguous. The county clerk is to provide at any general or special election a sufficient number of sample ballots as may be necessary to supply persons requesting them. ORS 250.150, supra.

Obviously, the people cannot cast their vote by means of a sample ballot. The sample ballot is simply used as a means of apprising the people as to what the ballot will look like and what information it will contain. With a sample ballot in their possession which they can study, the prospective voters can apprise themselves of the contents of the ballot title (ORS 478.041 (3)) and any other items in the official ballot upon which they will be required to make a choice.

The requirement of sample ballots is reinforced by requiring the publication in a newspaper of a facsimile, except as to size, of the sample ballot. ORS 250.121, supra.

The evident legislative purpose in these statutes is to facilitate intelligent voting by providing every voter before he votes with the items of information and questions he will have to vote upon at the election.

Except where ORS 478.041 provides specifically to the contrary, ORS 478.041 (6), supra, incorporates the general election procedure for rural fire protection district elections. The policy considerations just discussed apply equally to such elections and, therefore, it is our opinion that the plain purport of ORS 478.041 (6) requires the county clerk to publish a facsimile, except as to size, of the sample ballot to be provided in such elections in accordance with the requirements of ORS 250.121, supra.

Your question is therefore answered in the affirmative.