Oregon Advisory Opinions March 24, 1952: OAG 52-31 (March 24, 1952)

Oregon Attorney General Opinions

1952.

OAG 52-31.

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373

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374

Dear Sir: This is to acknowledge receipt of your letter of March 21, 1952, wherein you ask

"* * * whether or not when a livestock district is petitioned for pursuant to Oregon Laws 1949, Chapter 513, . . . may the election, when held on the same day, as the primary or general election, be held at the usual precinct voting place even though outside of the proposed livestock district?"

The legislature foresaw the exact situation which presently confronts you and the act contains clear unambiguous statements of the procedure that must be followed in such circumstances.

Section 3 of the above cited act states that the county clerk shall give 45 days' notice that an election to create a livestock district will be held and requires that certain other steps be taken designed to inform the legal voters of the proposed action.

Section 7 provides

"* * * that when the election day corresponds to the day on which a regular primary or general election is scheduled to be held, the voting place or places within such proposed livestock district shall be identical with that or those used for such primary or general election. * * *"

Section 6 requires the county clerk to prepare separate ballots on which shall be printed or written a description of the proposed livestock district and a statement of the question for and against the formation of such district.

"* * * Ballots so prepared shall be distributed in the same manner in which ballots are distributed at any general election, except that only the legal voters, as defined in this act, in the proposed district described in the petition shall be entitled to receive ballots or to vote on any of the questions pertaining thereto; * * *. " (Emphasis supplied)

It will be seen from the above provisions that the statute does not require a usual voting place to be within the confines of the district, but rather the act does specify that the "legal voters" within the district shall vote at the identical voting place used by them as electors at such primary or general election.

To give the statute any other meaning would be to construe it as requiring that every livestock district have a regular voting place within its confines or every election in such district would have to be a special one. Such was clearly not the intent of the legislature.

Accordingly when such election is held at the time of a regular primary or general election the separate ballots therefor should be prepared and distributed to the regular precinct voting places in all precincts having within their boundaries any portion of the proposed livestock district. The only electors given such a ballot will be those defined as a "legal voter" in subsection 2 of § 1 of the act. The act then requires that all votes cast at the election shall be canvassed in the same manner as the votes cast for any county officer.

This affirmative answer to your question makes it unnecessary to discuss the other alternatives suggested in your letter.