Oregon Advisory Opinions December 26, 1963: OAG 63-176 (December 26, 1963)
Collection: Oregon Attorney General Opinions
Docket: OAG 63-176
Date: Dec. 26, 1963
Advisory Opinion Text
OAG 63-176.
State Representative
You have requested an opinion as follows:
"I plan to ask legislative counsel to draft legislation to permit minors to circulate initiative petitions for constitutional amendments and to verify the signatures gathered if they are not already permitted to do so. Of course, if under current Oregon law, minors are permitted to circulate these petitions and verify the signatures, there would be no need for this legislation.
"Would you therefore, give me your opinion on the following:
"Can a minor circulate an initiative petition for a constitutional amendment and verify the signatures?"
The authority to amend the Constitution is reserved to the people of Oregon, and this right may be enforced by a vote upon an initiative petition. Section 1, Article IV, and § 1, Article XVII, Oregon Constitution. State v. Schluer, (1911) 59 Or. 18, 27, 115 P. 1057. Before circulation of a petition, its form is prescribed by the Secretary of State (ORS 254.030) and a ballot title, informing the voters of the chief purpose of the amendment, is prepared by the Attorney General for inclusion in the petition (ORS 254.060).
After the petition has been circulated and the signatures of registered electors have been obtained, they are compared by the county clerk with the signatures of registered electors on the register of electors and the clerk makes a certificate stating the number of signatures he believes to be genuine. These signatures are counted by the Secretary of State in computing the number of signers to the petition (ORS 254.040). The circulators are deemed to be the agents of the signers of the petition. State ex rel. v. Olcott, (1912) 62 Or. 277, 286, 125 P. 303; State ex rel. v. Snell, (1937) 155 Or. 300, 60 P. (2d) 964.
As to the circulation of a petition ORS 254.040 (1) provides:
"Every sheet of each initiative or referendum petition containing signatures shall be verified on the face thereof by the affidavit of the person who circulated the sheet, stating that every person who signed the sheet did so in his presence and that he believes that each signer stated his correct residence address and is a registered elector."
The circulator must be capable of executing the affidavit. Any person, including a minor, who understands the facts, the truth of which he affirms, and the obligation of an oath may execute an affidavit. Goins v. Herndon, (1872) 5 Ky. Op. 70; Sandone v. Dallas Osteopathic Hospital, (Civ. App. 1959) 331 S.W. (2d) 476; 2 C.J.S., Affidavits, § 3, p. 926; 3 Am. Jur. (2d), Affidavits, § 3, p. 381. There is no other qualification fixed in the statute.
As stated in "The Operation of the Initiative, Referendum, and Recall in Oregon" by Barnett, at page 73:
"At this time there are absolutely no legal qualifications prescribed for circulators of petitions, except of course that they must be able to understand the significance of the affidavit required of them. * * *"
See Opinions of the Attorney General, 1946-1948, p. 170, circulator of recall petition need not be registered voter.
Accordingly it is our opinion that a minor may circulate an initiative petition for a constitutional amendment and verify the signatures if he is able to execute the affidavit required of him by ORS 254.040.