Oregon Advisory Opinions March 22, 1961: OAG 61-39 (March 22, 1961)

OAG 61-39.

You have requested our opinion as to whether the Corrupt Practices Act applies to elections in cities having a population of less than 2,000 in the light of ORS 221.200 which generally provides that cities with a population of 2,000 or more shall be bound by the general election laws but makes no mention of cities with a population of less than 2,000.

The Corrupt Practices Act, ORS chapter 260, was designed to prevent corruption and to guarantee purity in the elections. Fordham v. Stearns, (1927) 122 Or. 311, 258 P. 822. The broad scope of the Act is apparent from the definitions in ORS 260.010 which provides in part as follows:

"As used in ORS 260.010 to 260.520, terms shall be construed as follows, unless other meaning is clearly apparent from the language or context or unless such construction is inconsistent with the manifest intent of the law:

"(1) 'Candidate' shall apply to any person whose name is printed on an official ballot for public office, or whose name is expected to be or has been presented for public office, with his consent, for nomination or election.

"(6) 'Public office' shall apply to any national, state, county, or city office to which a salary attaches and which is filled by the voters, as well as to the office of presidential elector, or presiding officer of either branch of the legislature."

In addition, specific references in the Corrupt Practices Act, such as ORS 260.030, 260.070 to 260.090, 260.105 and 260.120, indicate that the Act applies to municipal elections.

The objection has been raised that the Corrupt Practices Act does not apply, however, to municipal elections in a city with a population of less than 2,000 in view of ORS 221.200 which provides as follows:

"All laws regulating and governing general elections, proceedings and matters incidental thereto, shall apply to and govern elections in all cities with a population of 2,000 or more, according to the last official federal or state census. All certificates of nomination of candidates for city officers to be filled by the electors at an election in any such city, and all acceptances and withdrawals shall be filed with the city clerk, recorder or auditor, as the case may be, who shall keep a register of nominations for city officers in the manner required by general laws to be kept by the county clerk."

In arriving at the legislative intent in the enactment of a statute, a basic rule of construction is that the statutes should be read in connection with all statutes relating to the same subject matter, and effect should be given to every word, phrase, sentence and section of such statutes, if possible. State of Oregon v. Buck, (1953) 200 Or. 87, 262 P. (2d) 495.

The basis of the rule is explained in State v. Flynn et al., (1931) 137 Or. 8, 18, 299 P. 694, in quoting Black on Interpretation of Laws, 2d ed., at § 104, as follows:

" 'The reasons which support this rule are twofold. In the first place, all the enactments of the same legislature on the same general subject-matter are to be regarded as parts of one uniform system. Later statutes are considered as supplementary or complementary to the earlier enactments.' "

ORS 221.200 was originally enacted as § 35, chapter 283, Oregon Laws 1919, the purpose of which was to carry into effect the provisions of Article II, § 14a, Oregon Constitution, relating to incorporated cities and towns holding their nominating and regular elections at the same time that the primary and general elections for state and county officers are held and to regulate the conduct of such elections. On the other hand, the Corrupt Practices Act was enacted as part of chapter 3, Oregon Laws 1909, to prevent illegal and corrupt practices in nominations and elections.

One statute is not repugnant to another unless they relate to the same subject and are enacted for the same purpose . Ulrich et al. v. Lincoln Realty Co. et al., (1946) 180 Or. 380, 168 P. (2d) 582, 175 P. (2d) 149. Since the statutes do not conflict they must be read together and given effect.

Accordingly, it is our opinion that the Corrupt Practices Act applies to all municipal elections regardless of the population of the municipality.