Oregon Advisory Opinions August 30, 1946: OAG 46-156 (August 30, 1946)

Oregon Attorney General Opinions

1946.

OAG 46-156.

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Questions to be submitted to vote of the people of the respective counties, at a general election, including that of local option, should be printed on the general election ballots. Separate notice of such local election is required by

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Dear Sir: This will acknowledge receipt of your letter of August 27, 1946, with which you enclosed a letter addressed to you by the county clerk of Marion county. You request the opinion of this office on the subject of the county clerk's letter.

The clerk assumes for the purpose of this inquiry, that he will be required to prepare a ballot, for use at the November, 1946, election, under the provisions of article 5, chapter 1, Title 24, O. C. L. A., as amended. The provision of law referred to authorizes local option on the question of intoxicating liquors in counties and municipalities, and provides the procedure for a vote on that question. The clerk asks to be advised as to whether or not he is required to prepare a ballot on a "separate piece of paper" from that provided by the general election laws.

Attention is called to the provisions of § 24-132, O. C. L. A., which provide as follows:

"The provisions of general election laws, so far as they are applicable, shall apply to all elections under the provisions of this act."

Section 81-1503, O. C. L. A., a provision of the general election laws, refers to the official ballot for general elections, and in describing its requirements and form, states the order in which the matters to be voted upon, shall appear, as follows:

"* * * Below this shall be printed in the manner aforesaid: * * *

"(10) For the city charter amendments or questions to be submitted to a vote of the people in the respective counties, districts, cities or towns, as in this act provided."

It therefore is provided by the general election laws that "questions to be submitted to a vote of the people in the respective counties" shall be printed on the official ballot. The question referred to by the clerk is a question to be voted upon by the people of Marion county.

It is the opinion of this office that the clerk is not required to furnish to the election board "a separate piece of paper" with that question printed on it, but may and should print it on the official ballot in the numerical order stated in § 81-1503, O. C. L. A.

With reference to the notice of the local option liquor question, please be advised that the county clerk's assumption is correct; that is to say, that the special liquor election notice set out on page 398 of chapter 253, Oregon Laws 1941, must be posted as therein provided, by the sheriff, separately from the general election notice.