Oregon Advisory Opinions November 08, 1948: OAG 48-180 (November 8, 1948)
Collection: Oregon Attorney General Opinions
Docket: OAG 48-180
Date: Nov. 8, 1948
Advisory Opinion Text
OAG 48-180.
Superintendent of Public Instruction
Dear Sir: In your letter of November 5, 1948, you presented the question:
"Are absentee ballots permitted in school elections for the election of directors, issuing bonds and other purposes for which elections in school districts are authorized by law?"
Responding to your inquiry, there is no express provision in the law, nor necessary implication therein, which would authorize the use of absentee ballots in school meetings and elections. The absentee voters' law, chapter 590, Oregon Laws 1947, is concerned with general, special or primary elections held for the purpose of nominating or electing national, state, county and municipal officers. There is no indication that the said law is applicable to school district meetings and elections.
It has been repeatedly held by the Oregon supreme court that school elections are not governed by the general election law, and that the legislature has plenary power to determine who shall vote at school elections. Harris v. Burr, 32 Or. 348; Breding v. Williams, 37 Or. 433; Setterlun v. Keene, 48 Or. 520; McKinnon v. Union High School District No. 1, 116 Or. 543. By way of analogy, in Opinions of the Attorney General 1936-1938, page 86, this office held that an elector in an irrigation district may not cast his vote for director as an absentee voter at the district election. It was pointed out that the law relating to the organization of an irrigation district is complete and does not provide for voting by absentees, and that, therefore, the elector must personally cast his ballot.
In the absence of statute authorizing the same, it is our opinion that the absentee ballots are not permitted in school district elections, and your question is accordingly answered in the negative.