Oregon Advisory Opinions November 25, 1959: OAG 59-152 (November 25, 1959)
Collection: Oregon Attorney General Opinions
Docket: OAG 59-152
Date: Nov. 25, 1959
Advisory Opinion Text
OAG 59-152.
Secretary of State
You have inquired if Senate Joint Resolution No. 25, Oregon Legislative Assembly 1959, may be placed on the nonpartisan judiciary ballot for the May 20, 1960, primary election or whether it would be necessary to print separate ballots for the measure.
Senate Joint Resolution No. 25 provides that the proposed amendment be submitted to the people at a special election on the third Friday of May, 1960, which is also the time of the primary election. ORS 252.050 provides, in part:
"(1) At all primary elections at which candidates for judge of any of the courts enumerated in ORS 252.010 are to be nominated * * * 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."
This statute provides specifically what shall be contained on the "Judiciary Ballot" and thereby impliedly excludes all other material. As stated in Scott v. Ford, (1908) 52 Or. 288, 97 P. 99, at p. 296:
"* * * 'whenever a statute limits a thing to be done in a particular form, it necessarily includes in itself a negative, viz., that the
thing shall not be done otherwise.' This principle is so fundamental and so well understood that it requires no argument to enforce it; * * *"
The title "Judiciary Ballot" indicates that the ballot is to be used only for the election of judges. The Oregon Supreme Court stated in Howell v. Bain, (1945) 176 Or. 187, 156 P. (2d) 576, at p. 194:
"The nonpartisan judiciary act is a special statute providing for a new and unique method of nominating and electing judges. * * *"
It is, therefore, my opinion that the constitutional amendment proposed by Senate Joint Resolution No. 25 cannot be placed on the judiciary ballot at the special election in May 1960, but must be printed on a separate ballot.