Oregon Advisory Opinions December 04, 1940: OAG 40-116 (December 4, 1940)

Oregon Attorney General Opinions

1940.

OAG 40-116.

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135

Striking out the word "constable" in the precinct ballot and writing instead thereof the word "justice" and placing an X before the name of a candidate for constable printed there does not constitute writing in the name of and a vote for him as justice of the peace, but a mutilation of the ballot for the office of constable.

Dear Mr. Bennett: I am in receipt of your letter of December 2, 1940, enclosing a sample copy of Columbia County ballot for justice of the peace district No. 6, and submitting four separate questions with reference to the striking out of the word "Constable" and writing in the word "Justice" on the precinct ballot for such district and the placing of an X mark before the name of H. H. Bunting.

Your fourth question is whether or not votes so cast or attempted to be cast would constitute a write-in of the name of Mr. Bunting and a vote for him, to which I answer in the negative because, as stated in your letter and appearing on the ballot, it is an attempt to change the office for which the voter is voting, which is that of constable, and there appears nowhere on the ballot any statement indicating that the office of justice of the peace was to be voted for. Also, it amounts to a mutilation of the ballot for the office of constable.

Based upon this answer, I also answer your first question in the negative.

Your second question has also already been answered, so far as it is involved in the present case.

Your question No. 3 also does not arise under the facts appearing, inasmuch as no provision was made on the ballot for electors casting their votes for justice of the peace for justice of the peace district No. 6, and whether or not such provision should have been made would depend upon when the vacancy occurred; that is, whether or not it occurred a sufficient length of time before the election so that provision could have been made for it.