Oregon Advisory Opinions October 19, 1940: OAG 40-89 (October 19, 1940)

Oregon Attorney General Opinions

1940.

OAG 40-89.

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99

Electors absent from state may register before notary public or county clerk in county where residing in another state. Cannot register on basis of telegram to county clerk.

Dear Sir: In your letter of October 17, 1940, you state that a resident of Deschutes county became of age on May 9, 1940, while in school outside the state of Oregon and has not since been within the state of Oregon on account of attendance in school outside the state. On October 5, 1940, he sent a telegram to the county clerk in which he stated:

"Unable to be in Oregon before registration closed. Therefore will you please accept this message as my registration. Was born 73 Tumalo Avenue in Bend, Deschutes County, Oregon, and this is also my present residence. Fathers name Harry Adelbert Miller. Mothers name Sarah Heyburn Miller. I affirm that I am a male citizen of the United States over twenty-one years of age, a member of the Republican party. The above statements are true."

You request my opinion whether the county clerk is authorized to consider this man as registered, or is authorized to register him when he arrives in Bend within the thirty-day period prior to the coming election.

Section 36-104, Oregon Code 1930, as amended by chapter 123, Oregon Laws, 1939, provides:

"The county clerk shall register any qualified elector who may request to be registered at any time after the first Monday in January, 1916, except that he shall refuse to register any elector during thirty (30) days next preceding any general or primary election, or thirty (30) days next preceding any special election, held throughout the county. * * *"

Section 36-105, Oregon Code 1930, provides:

"Any elector who may complete his residence during the period in which the registers are closed, or who may attain the age of twenty-one years, may register during a period of thirty days next preceding the closing of the registration for the election at which he desires to vote, but the clerk shall indorse upon the registration card in red ink these words: Qualified to vote --------- (month) (day) --------- (year) ---------."

Section 36-106, Oregon Code 1930, provides among other things:

"* * * Electors absent from their county may register before any notary public, or county clerk, in the county where they may be. In such case the notary public or county clerk shall mail the affidavit of the elector to the county clerk of the elector's county and may collect the fee, not to exceed 25 cents, from such elector. * * *"

Unless such requirements have been complied with the county clerk is not authorized to register an absent voter.

It is my opinion that the county clerk is not authorized to consider the applicant as registered on the basis of the telegram, nor is she authorized to register him when he arrives in Bend within the thirty-day period prior to the coming election.