Oregon Advisory Opinions August 06, 1958: OAG 58-109 (August 6, 1958)
Collection: Oregon Attorney General Opinions
Docket: OAG 58-109
Date: Aug. 6, 1958
Advisory Opinion Text
OAG 58-109.
Secretary of State
The facts relevant to your inquiry of July 29, 1958, may be stated briefly as follows:
A candidate for judicial office had a ten-word statement of his qualifications and experience printed on the primary election ballot pursuant to ORS 252.050. The candidate now seeks to place another and different statement upon the general election ballot.
The question presented is whether or not such an alteration or substitute is authorized.
ORS 252.070 (2), providing for the "Judiciary Ballot" at general elections, reads:
"The names shall be printed upon the ballot without any party designation. The ballot shall be in the same form as the primary ballot provided for in ORS 252.050, and may be printed upon the same sheet as the general ballot used at the election."
As to the form of the primary ballot, ORS 252.050 states:
"(1) At all primary elections at which candidates for judge of any of the courts enumerated in ORS 252.010 are to be nominated, and where two or more petitions or declarations of candidacy for nomination for candidate for judge of any of the courts have been filed, the county clerks shall prepare and furnish a ballot entitled 'Judiciary Ballot.' On such ballot shall be placed the names of the candidates for the office, without any political party designation and arranged according to positions or departments, if any. If such statement was included in his petition or declaration of candidacy, a statement, not exceeding 10 words, of his qualifications and experience shall be placed on the ballot after the name of each candidate." (Emphasis supplied)
The legislative intention, as shown by the last quoted section of the Oregon Revised Statutes, clearly discloses that the only statement which is to appear on the "Judiciary Ballot", opposite the name of the person nominated, is the statement of qualifications and experience appearing on the petition or declaration of the nominee.
Your question is, therefore, answered in the negative.