Oregon Advisory Opinions March 03, 1960: OAG 60-27 (March 3, 1960)
Collection: Oregon Attorney General Opinions
Docket: OAG 60-27
Date: March 3, 1960
Advisory Opinion Text
OAG 60-27.
State Representative
I have your letter of March 1 in which you inquire:
"Will you please advise me whether or not there are any legal restrictions of any kind that would prohibit a citizen of Oregon, otherwise qualified, who is a paid employe of the Legislative Interim Committee, from running for elective office, particularly the state legislature, and from accepting the position if elected. As you know, Interim Committee employment may be full or part time, but in either event ceases upon completion of the committee's report prior to any newly elected members of the succeeding legislature taking office."
Section 10 of Article II, Oregon Constitution, provides in part that:
"No person holding a lucrative office, or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; * * *"
An examination of the prior opinions of this office shows that the first opinion dealing with this subject is found in Opinions of the Attorney General, 1926-1928, p. 596, wherein the then Attorney General held that there was no constitutional or legal barrier to a justice of the peace becoming a candidate for representative. The opinion, however, states that it was necessary for the justice of the peace to resign before he would be eligible to take his seat in the Legislative Assembly.
In Opinions of the Attorney General, 1930-1932, p 539, it was held that a person holding the position of Secretary of the State Board of Pharmacy was not disqualified from becoming a candidate for State Senator. Similarly, in Opinions of the Attorney General, 1952-1954, p. 228, this office ruled that a private citizen who was acting as a contract retail sales store operator for the Oregon Liquor Control Commission was not prohibited from becoming a candidate for the legislature or taking a seat in the Legislative Assembly if elected.
It is therefore my opinion that there are no legal restrictions of any kind that would prohibit a citizen of Oregon, otherwise qualified, who is a paid employe of a legislative interim committee from becoming a candidate for a seat in the Legislative Assembly; provided, however, he would be required to resign his interim committee position if elected in order to become eligible to a seat in the Legislative Assembly. In this connection see Opinions of the Attorney General, 1956-1958, p. 173, holding that a member of the legislature is not eligible to serve as a paid employe of a legislative interim committee.