Oregon Advisory Opinions July 03, 1945: OAG 45-126 (July 3, 1945)
Collection: Oregon Attorney General Opinions
Docket: OAG 45-126
Date: July 3, 1945
Advisory Opinion Text
OAG 45-126.
Chapter 370, Laws 1945 which creates the office of registrar of elections in certain counties does not transfer to the registrar any of the election duties imposed upon the board of county commissioners or upon the precinct supervisors of election. The initial appointment is not under the civil service law.
Dear Sir: In a letter addressed to this office dated June 28, 1945, you refer to chapter 370, Oregon Laws 1945, which provides for the appointment of an officer to be known as the registrar of elections in all counties of the state having a population of more than 250,000 inhabitants. You call attention to the fact that the board of county commissioners of Multnomah county have heretofore performed the duties with respect to elections imposed upon such board through an employee of the board which they designate as the supervisor of election boards. You also point out the fact that there is no express provision of law providing for the office of, or imposing duties upon, a supervisor of election boards and it is only duties imposed by law upon the board of county commissioners that such officer has heretofore performed. Based upon such facts you inquire whether or not the duties heretofore performed by the so-called supervisor of election boards, are transferred to and imposed upon the registrar of elections by the provisions of chapter 370, Oregon Laws 1945.
Section 21, chapter 370, Oregon Laws 1945, referring to the registrar of elections, is as follows:
"Such officer shall perform all the duties which now are or hereafter may be prescribed by law to be performed by the county clerk, supervisor of elections or the sheriff of each of the various counties of the state in connection with the registration of voters, the conducting and holding of elections, including the giving of notice thereof and the preparation of ballots therefor, the securing of polling places and the furnishing and delivering of election supplies, the canvassing of votes thereat, the custody of all of the records in connection therewith, the issuing of certificates of election and each and every act by law required to be performed by such county clerks, supervisors of elections or sheriffs pertaining to or in connection with the holding of general, primary or special elections."
Section 3 of such chapter states:
"In each of such counties the county clerk, supervisor of elections and sheriff of such county shall, upon the appointment and qualification of a registrar of elections for such county, be relieved from the performance of all duties theretofore imposed by law upon such officer in connection with the registration of voters and the calling and holding of elections, and shall forthwith deliver to the registrar of elections all records, properties and equipment in his custody pertaining to elections."
It is significant that such act, although transferring the election duties of certain specific county officers to the registrar of elections, fails to so transfer any of the election duties imposed by law upon the board of county commissioners. The rule of construction "expressio unius est exclusio alterius" which means the expression of certain things of a class in an act excludes all other things of that class, is applicable and here answers your inquiry. No duties relating to elections imposed by law upon the board of county commissioners of Multnomah county have been by chapter 370, Oregon
Laws 1945, transferred to the registrar of elections. No duties are imposed by law upon the supervisor of election boards and there is no such statutory county office. In so far as the 1945 law here being considered is concerned the board of county commissioners can legally continue to perform its election duties through such agent.
Only election duties heretofore imposed by law upon the specifically named county officers are transferred to the registrar of elections by the 1945 law creating that office. There is no such legally created county office as that of supervisor of elections. The supervisors of elections referred to in § 81-206, O. C. L. A., which is applicable to Multnomah county, are precinct election officials. One precinct supervisor of elections is provided for in each precinct and he is made chairman of one of the boards of judges and clerks of election in his precinct. It is obvious that the "supervisor of elections" referred to in the 1945 laws above cited, was not intended to mean the supervisor of elections provided for in § 81-206, O. C. L. A. The registrar of elections could not possibly serve as chairman of one of the boards of judges and clerks of election in each precinct of the county. It is therefore my opinion that the 1945 law in no way affects the office of, or the duties imposed upon, precinct supervisors of election provided by § 81-206, O. C. L. A.
You also inquire whether or not the original appointment to the office of registrar of elections provided for in chapter 370, Oregon Laws 1945, must be made pursuant to the provisions of § 87-807, O. C. L. A. The latter provision of law is a part of the civil service act applicable to counties having a population of 200,000 persons or more. It requires all appointments to fill offices subject to the classified civil service of the county to be made from the names of eligible candidates appearing on the civil service classification register.
The office of registrar of elections did not exist at the time the county civil service act, above referred to, was enacted. Such office was created by a law subsequently enacted, the provisions of which law are limited to the single office thus created.
It will be noted further that in some respects the law creating the office of registrar of election is in conflict with the county civil service act. In the case of such conflict the provisions of the latter law will constitute an exception to the provisions of the county civil service act.
In view of the fact that the office of registrar of elections is an entirely new office and of the further fact that it has not previously been classified, I am of the opinion that the initial appointment to fill the office is not required to be made under the procedure provided for appointments by the county civil service law.