Oregon Advisory Opinions November 13, 1959: OAG 59-149 (November 13, 1959)

OAG 59-149.

You advise that the Wasco County Democratic Central Committee has a set of bylaws providing for the election of officers following the primaries. An amendment to the bylaws has been proposed which would require the annual election of officers and you request our opinion as to whether the proposed amendment can legally be adopted.

ORS chapter 248 provides for the ORGAnization of political parties and their functioning.

ORS 248.020 provides for the election for each major political party of two committeemen, of opposite sex, for each election precinct of each county of the state.

ORS 248.030 provides that the committeemen elected under ORS 248.020 are "the representatives of the major political party choosing them in and for the precincts of the county * * *. These committeemen shall constitute the county central committee of their party. * * *"

ORS 248.050 reads as follows:

"Each committeeman shall hold his position for two years from the date of the first meeting of the county central committee following his election. In case of a vacancy in the representation from any precinct occurring because of death, resignation or otherwise, the remaining members of the county central committee may select a committeeman to fill the vacancy. The person selected shall be a resident of the precinct in which the vacancy occurred. 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. They shall have power to

elect the county members of the congressional committee and of the district committees. These committees shall have the power to make rules in their jurisdiction, the same as the county central committee." (Emphasis supplied)

ORS 248.070 reads as follows:

"(1) The officers of the retiring county central committee shall preside until their successors are elected, but in the ORGAnization, election of officers and transaction of business in all committee deliberations only elected precinct committeemen shall be permitted to participate. Proxies shall in no instance be permitted to participate.

"(2) Each newly elected county central committee shall ORGAnize by electing a chairman and a vice chairman who shall be of opposite sex, a secretary, a treasurer, two congressional committeemen who shall be of opposite sex, five district nominating committeemen and two alternate delegates to the state central committee who shall be of opposite sex. These officers, congressional committeemen, district nominating committeemen and alternate delegates to the state central committee do not have to be members of the county central committee. The county central committee may select a managing or executive committee and authorize such committee to exercise all powers conferred on the county central committee. In case of a vacancy in any of such offices, occurring because of death, resignation or otherwise, the members of the county central committee shall select a successor to the office." (Emphasis supplied)

ORS 248.150 reads, in part, as follows:

" The county, state and city central committee of each major political party is the highest party authority and may make proper rules, regulations and resolutions for all matters of party government which are not controlled by this chapter or other laws of the state. * * *" (Emphasis supplied)

ORS 248.050 provides explicitly that 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." ORS 248.150 states that the county central committee is the highest party authority and may make proper rules, regulations and resolutions "for all matters of party government which are not controlled by this chapter or other laws of the state." The authority of the county central committee to make all rules on matters of party government not controlled by law is therefore clear.

It becomes necessary to inquire into whether the proposed bylaw would conflict with the present statutes governing county central committees.

An examination of these statutes indicates that the statutes prescribe no specific term of office for the officers of the county central committee. In Opinions of the Attorney General, 1948-1950, p. 225, this office stated that county central committee officers had no specific term apart from their two-year tenure as precinct committeemen. We quote from the opinion as follows:

"* * * Save and except for their two year tenure as precinct committeemen fixed by section 81-903, O.C.L.A., none of the officers of the county or state central committees can be deemed to hold his office for any specified period of time. At most, such officers 'preside until their successors are elected'. In the usual course of events this period would appear to be from the date of the ORGAnizational meeting when they were elected until the following ORGAnizational meeting when their successors are elected. * * *" (p. 226)

Since that opinion was written chapter 608, § 50, Oregon Laws 1957, amended ORS 248.070 (then § 81-906, O.C.L.A.) to provide that officers "do not have to be members of the county central committee." With greater force it may now be stated that there is no specific period of time during which officers of a county central committee have tenure.

It is our conclusion, then, that a county central committee can fix the tenure of an officer to a one-year term by a bylaw.

The private nature of the officers of a political party has been stated in 29 C.J.S., Elections, § 85, p. 110, as follows:

"Officers of a political party, although provided for by statutory law, may not be regarded as public or governmental officers. So, the position of party committeemen is not usually regarded as constituting a public office, under the view that such position is merely a party position, carries with it no salary, fees, or emoluments, and such committeemen represent the members of political parties, are accountable to them alone, are not required to qualify as are other officers, and do not represent the public at large or exercise any of the sovereign powers of the state. * * *"

In State ex rel. Mills v. Stewart, 64 Mont. 453, 210 P. 465, the court stated as follows, at p. 468:

"In the absence of legislative enactment, a political party is governed by its own usages and establishes its own rules. Members of such parties may form them, reORGAnize them, and dissolve them at their will. [citing cases] Political party results from voluntary association of electors, and not from operation of law, and, in the absence of legislative regulations, possess plenary powers as to its own affairs. * * *"

In O'Neil v. O'Connell, (1945) 300 Ky. 707, 189 S.W. (2d) 965, the court declared as follows, at p. 967:

"Political parties are regarded as a necessity in our republican form of government. 29 C.J.S., Elections, § 84. The recent tragic

and calamitous experiences in and with Germany teach us that the people should have great liberty in forming and conducting political parties, free from governmental interference and control. In this state their existence, ORGAnization and committees are recognized throughout our statutes, but no attempt is made to regulate or control their internal affairs and operations. As creations of free men, political parties are privileged to make their own rules and regulations and to establish machinery for making their ORGAnizations effective. * * *"

It follows that in view of the private nature of county central committees they have the inherent right to enact rules and regulations governing their ORGAnization.

Accordingly it is our opinion that the Wasco County Democratic Central Committee can adopt a bylaw providing for the annual election of officers.