Oregon Advisory Opinions February 16, 1960: OAG 60-13 (February 16, 1960)
Collection: Oregon Attorney General Opinions
Docket: OAG 60-13
Date: Feb. 16, 1960
Advisory Opinion Text
OAG 60-13.
Secretary of State
You have asked several questions pertaining to elections, one of which inquires whether a candidate for the office of district judge must file his nominating petition with the county clerk or the Secretary of State.
ORS 46.030 provides, in part:
"The territorial limits of a district court, over which the court shall have jurisdiction, shall be coextensive with the boundary of the county in which the court is located; * * *"
Each district judge is elected by the voters of the respective district as provided in Article VII(Am.), § 1, of the Oregon Constitution:
"* * * judges of the supreme court and other courts shall be elected by the legal voters of the state or of their respective districts * * *"
ORS 249.020 provides, in part:
"(3) All nominating petitions and notices pertaining to candidates for offices to be voted for in the state at large or in a district composed of one or more counties shall be filed with the Secretary of State. * * *"
The pertinent language here is "* * * offices to be voted for * * * in a district composed of one or more counties shall be filed with the Secretary of State." The interpretation of ORS 249.020 (3), supra, is governed by the "territorial test." Judicial districts of district courts in Oregon are composed of one county. The county lines fix the boundaries of the territorial district.
In the case of McCain v. State, (1930) 144 Okla. 85, 289 P. 759, the court stated, at p. 762:
"* * * We are of the opinion that the Legislature in enacting the state election laws * * * did not have in mind the character of the office or the functions to be performed by the particular officer, but had in mind primarily the territory from which such officers were to be nominated or elected. * * *"
Since ORS 46.030, supra, specifically designated the territorial limits of a district court to be coextensive with the boundaries of the county, and since ORS 249.020 (3), supra, requires nominating petitions for a district composed of one or more counties to be filed with the Secretary of State, it is my opinion that the nominating petition of a district judge must be filed with the Secretary of State.
Your final question, which concerns proof of the election of a district judge for salary purposes, can be answered by reference to ORS 250.840. It will be noted that this statute requires an election abstract to be filed with the Secretary of State.