Oregon Advisory Opinions May 17, 1944: OAG 44-79 (May 17, 1944)

Oregon Attorney General Opinions

1944.

OAG 44-79.

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463

Dear Sir: I have your letter of the 16th instant in which you state that a candidate for the nomination of state representative from your county died after the time for filing for such office and after the ballots had been printed. With reference to such fact you inquire:

"If the County Central Committee can select a candidate for nomination for an office prior to the primary nominating election, and cause pasters to be printed and delivered to the Clerk for the purpose of having them distributed to the election boards and pasted over the name of a candidate who has died after the ballots have been printed."

Section 81-1507, O. C. L. A., provides:

"In the case of the death, withdrawal or removal from the electoral district of any candidate after the printing of such ballots, and before such election, it shall be lawful for the executive committee of the state, congressional or county central committee of the political party of which such candidate was a member to make a nomination to fill such vacancy, and to provide the election board of each precinct in which such candidate is to be voted for with a number of pasters containing only the name of such candidate at least equal to the number of ballots provided each precinct, but no pasters shall be given to or received by anyone except such election board and such chairman, and it shall be the duty of the clerks of the election board at each such precinct to put one of such pasters, in a careful and proper manner, and in the proper place, on each ballot before ballot shall be delivered to the elector."

On the 21st of October, 1924, an opinion was rendered by this office at your request, advising you regarding the application of the above quoted provision of law to a similar factual situation which arose immediately preceding the general election held that year. In such opinion it was pointed out that by virtue of such statute the only action affecting the ballots after they are printed "is the furnishing of stickers containing only the name of the candidate, by the committee of the political party making the nomination, to the election boards of each precinct in the state, if the committee wishes to do so." The opinion further stated as follows:

"* * * It is noticed that said section provides that such stickers shall not be 'given to or received by any one except such election board and such chairman.' This language obviously excludes their being furnished to the county clerk, and since they are to be furnished by the state central committee, they can not be furnished by the county clerk."

It is noted that the above provision of law was enacted in 1891 and at that time was only applicable to general elections.

In view of the opinion referred to, the only remaining question presented by your inquiry is whether or not such provision of law is also applicable in the case of the death of a candidate for nomination as state representative before the primary election and after the ballots have been printed.

Attention is directed to section 81-607, O. C. L. A., which was passed in 1905 and which provides as follows:

"The provisions of sections 81-1507 * * *, shall apply to and are hereby made applicable to primary nominating elections under this law, as far as the same are not in conflict with this law."

In my opinion there is no such conflict and, therefore, it is quite clear that section 81-1507, O. C. L. A., is applicable to the factual situation that you present. The county central committee of your county can select a candidate for nomination for the office of state representative and can "provide the election board of each precinct in which such candidate is to be voted for with a number of pasters containing only the name of such candidate at least equal to the number of ballots provided each precinct, but no pasters shall be given to or received by any one except such election board and such chairman."

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464

Your inquiry is answered in the affirmative, except the pasters cannot be delivered to the clerk, but must be furnished directly to each election board.