Oregon Advisory Opinions October 25, 1968: OAG 68-147 (October 25, 1968)

Oregon Attorney General Opinions

1968.

OAG 68-147.

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You ask:

"* * * whether Voters' Pamphlet material is or is not a matter of public record prior to distribution of said pamphlet."

We assume from your inquiry that you also wish to know whether such material is subject to public inspection.

Statements for the general election Voters' Pamphlet are filed pursuant to ORS 255.211 which provides that such material shall be filed with the Secretary of State not later than the 70th day before the regular biennial general election.

"Public record" is defined in ORS 192.005 (5), with certain exceptions not relevant here, as:

" * * * a document, book, paper, photograph, file, sound recording or other material, such as court files, mortgage and deed records, regardless of physical form or characteristics, made, received, filed or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use. 'Public records' includes correspondence, public records made by photocopying and public writings * * *." (Emphasis supplied)

It is thus seen that under Oregon law, "public record" clearly includes material filed with the Secretary of State for enclosure in the Voters' Pamphlet.

Under ORS 192.030, the public is given the right

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generally to inspect public records:

"The custodian of any public records of the state or a political subdivision, unless otherwise expressly provided by status, shall furnish proper and reasonable opportunities for inspection and examination of the records in his office and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them. The custodian of the records may make reasonable rules and regulations necessary for the protection of the records and to prevent interference with the regular discharge of his duties."

(An exception is made in the case where the public interest would suffer by disclosure; see our opinion No. 6188, dated October 7, 1966.)

You mention ORS 255.015 as possibly bearing on this subject. The statute provides:

"Not later than the 65th day prior to the date of the primary or general election the Secretary of State shall, upon request, make available to any candidate for nomination or election a copy of his opponents' voters' pamphlet material filed pursuant to the provisions contained in ORS 255.031 and paragraph (b) and (c) of subsection (1) and subsection (2) of ORS 255.211."

ORS 255.015 cannot be construed as reflecting intent by the legislature that Voters' Pamphlet material is not a public record after the 65th day prior to the election. This statute relates solely to the furnishing of copies of Voters' Pamphlet material and does not affect the fact that such material is of public record and subject to inspection as are public records generally.

We therefore advise that Voters' Pamphlet material on file with the Secretary of State pursuant to law is a

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matter of public record and subject to public inspection.