Oregon Advisory Opinions March 09, 1948: OAG 48-47 (March 9, 1948)

OAG 48-47.

A voters' pamphlet must be sent to all registered voters in the county prior to the special county election, and the duty of the county clerk is substituted for that of the secretary of state in this respect.

Dear Sir: In your letter of March 2, 1948, you mentioned that Sherman county is holding a special county election on April 17, 1948 on the question of adopting the county unit school system, as set forth in chapter 7, title 111, O. C. L. A., as amended. You have asked to be advised as to whether or not a "voters' pamphlet" must be sent to all registered voters in the county prior to the special

county election in which would be set forth the proposition to be voted upon?

In answering the question it will be beneficial to list and evaluate the provisions of the constitution and statutes of Oregon pertaining thereto. The legislature has made provision for the establishment of a county unit system. Chapter 7, title 111, O. C. L. A., as several times amended, provides that the act shall not become effective in any county of the state until the same shall have been regularly submitted to the voters of the proposed county school district, at a general or special election, or at the annual school meeting. Section 111-703, O. C. L. A., as amended by section 2, chapter 447, Oregon Laws 1945:

"The county court of any county at a general or special election in the county or district boundary board at the annual school meeting may or, upon the petition of not less than 100 legal voters of the proposed county school district, shall submit to the legal voters of such district the question whether this act shall become effective in said county. * * * " (Italics supplied)

The authority and procedure to submit to the legal voters of a county the question of whether the above act shall become effective stems from the Oregon constitution and statutes enacted thereunder. Section 1-a of Article IV of the constitution of Oregon, as adopted June 4, 1906, provides in part as follows:

" * * * The initiative and referendum powers reserved to the people by this constitution, are hereby further reserved to the legal voters of every municipality and district, as to all local, special and municipal legislation, of every character, in or for their respective municipalities and districts. The manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. * * * " (Italics supplied)

By sections 81-2101 to 81-2120, O. C. L. A., as amended, the legislature has provided the manner of exercising these powers by the people of the state. Section 81-2109, O. C. L. A., as amended by chapter 409, Oregon Laws 1941, requires the mailing of a pamphlet to every legal voter of the state as follows:

"Not later than the thirty-fifth day before any regular general election, nor later than 30 days before any special election, at which any proposed law, part of an act * * * is to be submitted to the people, the secretary of state shall cause to be printed in pamphlet form a true copy of the title and text of each measure to be submitted, with the number and form in which the ballot title thereof will be printed on the official ballot. * * * In the case of a special election he shall mail said pamphlets to every voter not less than 10 days before said special election." (Italics supplied)

The legislature, in chapter 251, Oregon Laws 1919, now known as section 81-2117, O. C. L. A., and again found as section 86-209, O. C. L. A., has set out the procedure for exercising the powers reserved to the people of the county. Section 81-2117 provides:

"The people of every county are hereby authorized to enact, amend or repeal all local laws for their county by initiative and referendum process. The method of procedure in the use by the people of any county of these powers is provided by sections 81-2101 to 81-2112, 81-2115, 81-2116, 81-2119, and 81-2120, making effective the initiative and referendum powers reserved to the people by sections 1 and 1-a of article 4 of the constitution." (Italics supplied)

Where the people of the county act alone upon initiative and referred matters the legislature has also provided in section 81-2118, O. C. L. A.:

"Any municipality or district in exercising the powers of the initiative and referendum granted by sections 1 and 1-a, article 4 of the constitution of Oregon, shall follow the procedure set forth in sections 81-2101 to 81-2116, 81-2119, and 81-2120, inclusive, excepting as otherwise provided in section 81-2111, excepting that when a county or any municipality or district situated solely within one county is exercising such powers, the county clerk shall be substituted for the secretary of state, * * * ." (Italics supplied)

It is shown by the section last quoted that when a county is exercising powers reserved to the people by the initiative and referendum that the county clerk shall be substituted for the secretary of state. Thus all the duties imposed upon the secretary of state by the statutes cited within sections 81-2117 and 81-2118, O. C. L. A., are to be performed by the county clerk. It is to be noted that this includes causing to be printed a true copy of the title and text of the measure or act, initiated or referred and mailing the same to the voters of the county.

It is the opinion of this office that a voters' pamphlet must be sent to all registered voters in the county prior to the special county election and that the duty of the county clerk is substituted for that of the secretary of state in this respect.