Oregon Advisory Opinions April 23, 1974: OAG 74-39 (April 23, 1974)
Collection: Oregon Attorney General Opinions
Docket: OAG 74-39
Date: April 23, 1974
Advisory Opinion Text
OAG 74-39.
Must county clerks keep their offices open for registration until 8 p.m. on the thirtieth day prior to any district special election, as well as on the thirtieth day prior to the statewide primary and general elections?
ANSWER GIVEN
Yes.
ORS 247.070(1) provides that voters may not register to vote in an election within 30 days thereof, as follows:
"No elector may register within 30 days preceding any election held throughout the county in which he resides for the purpose of voting at such election. No elector residing in any precinct in which any election not held throughout the county is to be held may register within 30 days preceding such election for the purpose of voting at such election."
To maximize the opportunity of the voter to register before the 30 day deadline, ORS 247.100 states:
"On the last day for registration of electors, including Saturday, the county clerk in all counties shall keep his office open for registration of electors from the time the office is opened in the morning continuously until 8 p.m."
Dates for district special elections are provided in Oregon Laws 1973, ch 796, §7, as amended by Oregon Laws 1974, ch 45, §3, as follows:
"(1) A special election called by a district election authority shall be held on:
"(a) The fourth Tuesday in January;
"(b) The third Tuesday in March;
"(c) The first Tuesday in May;
"(d) The third Tuesday in June;
"(e) The second Tuesday in July;
"(f) The first Tuesday in August;
"(g) The third Tuesday in September; or
"(h) The first Tuesday after the first Monday in November.
"(2) A district shall not hold a special election on any day not mentioned in subsection (1) of this section."
ORS 247.070, providing the registration deadline, makes no distinction between statewide elections and special district elections. On the contrary, the statute specifically includes within the 30-day limitation an "elector residing in any precinct in which any election not held throughout the county is to be held . . ."
We note that ORS 247.070 is a re-write of former ORS 247.050 repealed by Oregon Laws 1957, ch 608 (which also enacted ORS 247.070) and specifically included "special" elections within the deadline. Because ORS 247.100 obviously exists as an accomodation for the voter who is placed under registration restriction by ORS 247.070,
and because ORS 247.070 by its terms include elections not held throughout the county, we conclude that ORS 247.100 applies to the last day for registration for elections held on dates established by Oregon Laws 1973, ch 796, §7.