Oregon Advisory Opinions October 23, 1944: OAG 44-154 (October 23, 1944)

OAG 44-154.

The statutory authority of a party central committee to collect a fee from a candidate, for the purpose of paying the expenses of party matters, is limited to an assessment by the party of the candidate's registration, although the opposition party has nominated or endorsed the same candidate.

Dear Sir: Section 81-914, O. C. L. A., authorizes a party central committee to levy and collect from each of its nominees a sum not to exceed an amount equal to one per cent of the sum total equal to the aggregate emolument for the term of office for which the nominee so assessed is a candidate, for the purpose of paying the expenses of organizing the committee, the expenditures to be incurred in the management of party matters and the promotion of party success.

You request my opinion as to whether or not the central committee of two parties can collect from the same candidate should he be the nominee of both, under such provision of law.

Said section is somewhat ambiguous, and is silent upon a state of facts such as you have submitted in your letter requesting the opinion. However, a study thereof would indicate that it was the intent of the legislature to limit said assessment to the party of the candidate's registration. It surely could not be construed as requiring the nominee who has registered his party affiliation with one party to promote and help finance the success of the opposition party, even though such opposition party has endorsed or also nominated him as its candidate. In other words, I do not believe that an assessment of that kind could be collected legally as, in my opinion, it was not contemplated by the legislature. I conclude that it was undoubtedly the intent to uphold the two party system.

It evidently was not intended to permit an assessment to be levied by each of the parties against one candidate because in such case the one per cent limitation would be exceeded in violation of the act; there is nothing that would permit one to conclude that the assessment could be split and used by both parties.

There is no doubt that any part of the assessment paid to the political party of the candidate's registration should be credited to and be a part of his assessment.