Oregon Advisory Opinions September 24, 1958: OAG 58-144 (September 24, 1958)

OAG 58-144.

This is in response to your letter of September 10, 1958, in which you refer to the recent resignation of the Clatsop County Sheriff whose term of office would not have expired until 1961. A question has arisen as to the different methods available to the electors of Clatsop County to become nominees and get their names on the ballot at the forthcoming November general election. Specifically you ask:

"* * * Since the vacancy in the office of sheriff of Clatsop County, Oregon, occurred less than 70 days before the next general election, is it possible for an elector of this county to have his name placed on the ballot as a candidate for the office of sheriff in the forthcoming general election through a procedure other than that set out in ORS 249.665?"

The procedure referred to in ORS 249.665 enables the county central committee of a "major political party," as that term is defined in ORS 249.011, to elect a nominee and have his name placed on the ballot.

ORS 249.710 to 249.850 describe a procedure whereby any minor political party, assembly of electors or individual registered electors acting by petition can nominate candidates for public offices. However, the time within which the certificate of nomination must be filed is limited by ORS 249.780, which provides:

"All certificates of nomination of candidates for county offices and district or precinct offices within a county shall be filed with the

This limitation applies only to "certificates of nomination" described in ORS 249.720 and does not apply to nominees of major political parties. Opinions of the Attorney General, 1950-1952, pp. 30, 32.

Inasmuch as the vacancy in the office of Clatsop County Sheriff did not in fact exist until September 8, 1958, which date was less than 70 days prior to the November general election, there is no procedure established under Oregon law whereby an elector may secure his name being placed upon the general election ballot except as the nominee of a major political party under ORS 249.665.

Specifically your question is answered in the negative.