Oregon Advisory Opinions April 21, 1944: OAG 44-65 (April 21, 1944)
Collection: Oregon Attorney General Opinions
Docket: OAG 44-65
Date: April 21, 1944
Advisory Opinion Text
OAG 44-65.
Secretary of State.
Dear Sir: Summarizing and condensing my opinion of April 15, 1944, upon the qualification for voters serving in the army, navy or marine corps, or in any other branch or unit of the land or naval armed forces of the United States, under the absentee ballot procedure of the state of Oregon, permit me to state:
1. By operation and coordination of Chapter 405. Oregon Laws, 1943, the post card prescribed in section 203 of Public Law 277, 78th Congress, may be legally accepted by any county clerk of this state as a request for an absentee ballot.
2. The post card provided for in said section 203 may also be legally accepted as an application for registration in case the applicant for the absentee ballot is not registered in the county of his residence, or has become 21 years of age while serving in the armed forces as aforesaid, and has not had an opportunity to register but is eligible to vote.
3. The post card thus received from any member of the armed forces should be filed by the county clerk and placed in the registration card index. If the writer thereof or applicant for the absentee ballot is not registered, whether his signature is sworn to or not, the card should be preserved in the index. The card may be compared with the signature subscribed to the oath of the applicant elector on his "Official Election War Ballot" envelope when received by the county clerk, if any doubt exists as to the identity of the voter.
4. If said post card, or any post card, letter or wire is received by a county clerk, showing the applicant to be eligible and legally entitled to vote, an absentee ballot should thereupon be forwarded to the applicant, and the card, letter or wire filed by the clerk. If such request is received prior to the primary election, and shows the party affiliation, the applicant therefor shall be entitled to a ballot of his designated party.
5. The "Official Election War Ballot" envelope received by the county clerk from any absentee voter serving as aforesaid, shall be deposited in the proper ballot box before the ballot box is delivered into the hands of the sheriff, regardless of the time when received.