Oregon Advisory Opinions September 11, 1945: OAG 45-172 (September 11, 1945)
Collection: Oregon Attorney General Opinions
Docket: OAG 45-172
Date: Sept. 11, 1945
Advisory Opinion Text
OAG 45-172.
The registrar of elections in Multnomah County and his deputies should be commissioned as notaries public to administer oaths required in connection with registration of voters.
Dear Sir: In your letter of September 7, 1945, you ask the following question:
"Does the Registrar of Elections, created by Chapter 370 Oregon Laws, 1945, have the authority to administer oaths, or will it be necessary for the registrar and such other appointees in his office to be commissioned as notary publics?"
Chapter 370, Oregon Laws 1945, provides that in each county having a population of more than 250,000 inhabitants there shall be a registrar of elections, who
"* * * shall perform all of the duties which now are or hereafter may be prescribed by law to be performed by the county clerk, the 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 delivery of election supplies, the canvassing of votes thereat, the custody of all 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."
There is ground for the conclusion that the duty of the registrar to administer oaths in the course of registr
ation of voters should be implied from this language. However, in the case of State v. Craig, 94 Or. 302, 185 Pac. 764 (1919), it was held that the authority to administer oaths must be given by express language in the statute, and not by implication.
I therefore suggest that the registrar and his deputies, or at least as many of them as is necessary or convenient, be commissioned as notaries public to administer any oaths required in connection with the registration of voters until you are able to propose legislation to amend the present law.