Oregon Advisory Opinions February 08, 1955: OAG 55-9 (February 8, 1955)

Oregon Attorney General Opinions

1955.

OAG 55-9.

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You have requested an opinion of this office clarifying the relationship of a city central committee, and its function and coordination with the county central committee provided for in ORS 248.030 and 248.050 and pertinent election laws.

ORS 248.030 provides:

"The committeemen elected shall be the representatives of the political parties choosing them in and for the precincts of the county and in all ward or subdivision committees or other committees of precinct committeemen that may be formed. * * * Those committeemen residing within the limits of an incorporated city shall constitute, ex officio, the city central committee of their political parties. * * *"

The sentence last quoted would indicate that a city central committee, when formed and functioning, is a committee within the county central committee. See also ORS 248.100.

ORS 248.030 further provides:

"* * * They shall have the same powers and jurisdiction as to the business of their parties in city matters as the county central committee has in county political matters. However, the power to fill vacancies in the city central committee is vested with the county central committee."

ORS 248.050 contains the following provisions:

"* * * The county and city central committees shall have power to make rules and regulations, not inconsistent with law, for the government of their political parties in the county and city. * * *"

This authorizes the city central committees, within the limits of the jurisdiction they may have, to make rules governing their parties. There is no other reference to city central committees contained in this section.

The last sentence of the section is as follows:

"These committees shall have the power to make rules in their jurisdiction, the same as the county central committee."

It is pointed out that "these" appearing in the last sentence of ORS 248.050 refers not to city central committees, but to congressional committees and district committees.

County central committeemen, as such, participate in and have as some of their functions, purposes and powers those provided for in: (1) the above quoted ORS 248.030 and 248.050; (2) ORS 248.070, providing for ORGAnization and function of county central committees, election of congressional and district committeemen and officers, and filling vacancies; (3) ORS 248.150, providing general powers of party central committees and for the assessment of nominees. In addition, they may participate in the selection of candidates for nomination at primary elections in accordance with the provisions of ORS 249.010 et seq.

Answering first the question as to the function of the city central committee with relation to the county central committee, it is my opinion, based on ORS 248.030,

"* * * Those committeemen residing within the limits of an incorporated city shall constitute, ex officio, the city central committee of their political parties * * *

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that a condition precedent to ORGAnization of a city central committee by committeemen is their election to and participation in all county central committee matters. As such, city central committeemen participate in all party matters and jurisdiction of the county central committee. The remaining party matters or functions to be exercised by a city central committee would therefore be primarily that of nominating candidates for municipal elective offices.

In the absence of ORGAnization of a city central committee, the authority and jurisdiction of a county central committee includes the business of its party in city matters. Therefore, any jurisdiction or function of a city central committee must be considered limited rather than unlimited. Such limitation of jurisdiction is contained in ORS 248.030:

"* * * They shall have the same powers and jurisdiction as to the business of their parties in city matters as the county central committee has in county political matters. * * *"

See also ORS 248.150.

Cities are authorized by ORS 221.180 to provide by charter and ordinance the manner in which candidates for nomination to city elective offices shall qualify and file. This office was informed, upon informal inquiry, that there are but three cities in Oregon in which the elective officers are nominated on a partisan basis.

It is my opinion, therefore, that the function to be performed by a city central committee, within the intent and purposes provided for in ORS 248.030, if candidates for city elective offices are nominated and elected on a nonpartisan basis, is an extremely limited one.