Oregon Advisory Opinions July 16, 1968: OAG 68-106 (July 16, 1968)

Oregon Attorney General Opinions

1968.

OAG 68-106.

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You ask as follows:

"I would like your opinion as to whether or not the Republican delegation to the national nominating convention has an express or implied requirement to support the Vice Presidential nomination of Governor Reagan under the same conditions outlined in ORS 249.221."

In the recent primary election Governor Ronald Reagan of California received the highest number of votes, on a write-in basis, for the preference of Republican voters for their party's nomination as Vice President as provided in ORS 249.368, which provides in subsection (1):

"When candidates for the offices of President and Vice President of the United States are to be nominated, every elector of a major political party shall have the opportunity to vote his preference on his official primary election ballot for one person to be the candidate for nomination by his party for President and one person for Vice President of the United States. Preference shall be indicated either by writing the names of such persons in blank spaces left on the ballot for that purpose or by marking with a cross (X) or a check mark ([Please see hardcopy for image]) inside a voting square between the numbers and names of the persons of his choice, as in the case of nominations of candidates for state and district offices."

ORS 249.221, relating to candidates for delegate who have filed by declaration of candidacy, provides in sub-

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section (2):

"The declaration of a candidate for election as delegate to a national party convention shall include a pledge that such candidate, if elected, will use his best efforts at the convention for the candidate of his party for the office of President of the United States who receives the highest number of votes at the primary election until such candidate for President of the United States is nominated by such convention, receives less than 35 percent of the votes for nomination by such convention or releases the delegate from such pledge or until two convention nominating ballots have been taken."

A similar provision is contained in ORS 249.031 (3), relating to candidates for delegate who have filed by petition:

"The petition for nomination of a candidate for election as delegate to a national party convention shall include a pledge that such candidate, if elected, will use his best efforts at the convention for the candidate of his party for the office of President of the United States who receives the highest number of votes at the primary election until such candidate for President of the United States is nominated by such convention, receives less than 35 percent of the votes for nomination by such convention or releases the delegate from such pledge or until two convention nominating ballots have been taken."

Neither ORS 249.221 nor 249.031, supra, contains any provision indicating that the delegates elected to a national political party convention are to be bound to vote for, or in any way support, the person who receives the highest number of votes for nomination for Vice President. Both of these statutes were enacted as part of chapter 608, Oregon Laws 1957, which repealed former ORS 249.230. The

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latter statute, by contrast, required a person declaring his candidacy for delegate to a political party convention to include the following statement in his declaration: " * * * I will use my best efforts to bring about the nomination of these persons for President and Vice President of the United States who receive the largest number of votes at the coming primary election in the State of Oregon." (Emphasis supplied)

In construing a statute we may take into consideration the historical background of the legislation. State v. McVey, (1942) 168 Or. 337, 121 P.(2d) 461, 123 P.(2d) 181. When the legislature has omitted provisions contained in a prior statute it is presumed that a change in the law was intended. Swift & Company and Armour & Company v. Peterson, (1951) 192 Or. 97, 233 P.(2d) 216. Moreover, as we have noted, there is no provision in ORS 249.221 or 249.031, supra, purporting to bind delegates in any manner to the person receiving the highest number of votes for nomination for Vice President.

We therefore conclude that the persons elected to be delegates at the forthcoming Republican convention are not required to support or propose Governor Reagan for nomination of the Republican Party for Vice President.