Oregon Advisory Opinions October 25, 1940: OAG 40-94 (October 25, 1940)
Collection: Oregon Attorney General Opinions
Docket: OAG 40-94
Date: Oct. 25, 1940
Advisory Opinion Text
OAG 40-94.
State, county or municipal agencies are authorized to vote by their authorized representatives at soil conservation elections.
Dear Sir: Under date of October 24, 1940, you request my opinion whether or
not a duly authorized representative of state, county or municipal agencies as provided in a regulation adopted by the state soil conservation committee, is legally empowered to vote at elections. The regulation to which you refer reads as follows:
"A duly authorized representative of each state, county, or municipal agency which shall have jurisdiction over, or be charged with the administration of, any publicly owned lands lying within the boundaries of any district organized hereunder may vote in its behalf upon exhibiting to the polling officer written power to vote, executed by the proper authority of the respective agency."
Section 13 of chapter 555, Oregon Laws, 1939, provides:
"Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall be deemed owners within the meaning of this act and shall have the same rights and duties as other landowners hereunder."
The regulation purports to authorize a representative of an agency of the state, county or municipality to vote pursuant to section 13 of the act.
It is my opinion that section 13, which confers such authority, limits it to agencies of the state which shall have jurisdiction over or be charged with the administration of any state-owned lands and like agencies of other governmental subdivisions, including counties, which agencies shall be deemed owners within the meaning of the act and shall have the same rights and duties as other landowners thereunder.
It is beyond the power of such agencies to delegate the power thus conferred upon them, but they may, by resolution duly adopted, authorize one or more members of the governing board thereof to exercise its powers in voting at such elections.