Oregon Advisory Opinions April 01, 1964: OAG 64-38 (April 1, 1964)

OAG 64-38.

You request an opinion as to whether the special registration certificate described in ORS 247.410 to 247.470 can be issued during the period within 30 days prior to an election when the register of electors is closed.

A special registration certificate is issued to persons who lack the six-month residence qualification for voting in state elections, but who are otherwise qualified, for the purpose of permitting them to vote for the Presidential and Vice Presidential nominees of the United

States. ORS 247.410 to 247.470; Article II, § 2, Oregon Constitution.

ORS 247.070 provides for the closing of the register of electors as follows:

"(1) No elector may register within 30 days preceding any election held throughout the county in which he resides for the purpose of voting at such election. No elector residing in any precinct in which any election not held throughout the county is to be held may register within 30 days preceding such election for the purpose of voting at such election.

"(2) Any elector who will complete his residence requirement or attain the age of 21 years during the period when the register of electors is closed may register within 30 days preceding the closing of the register."

The issue is whether ORS 247.070 prohibits the registration of persons applying for a special registration certificate.

By its own terms ORS 247.070 prohibits the registration of electors within 30 days of an election when the register of electors is required to be closed. Ivie v. City of Oceanlake, (1956) 208 Or. 417, 302 P. (2d) 221. The process of registration is cut off. Consequently, if a registered elector changes his residence during this period, he may not vote in the precinct in which he presently resides unless he obtains, as evidence of his prior registration, a certificate of registration from the county clerk where he previously resided and presents it to the election board in the precinct where he resides. ORS 247.151.

In the event of a change of residence by a special registrant within the 30-day period, ORS 247.450 similarly provides:

"A person registered under ORS 247.410 to 247.470 who changes his residence within the state during the period when the register of electors is closed may, upon request therefor and surrender of the special registration certificate previously issued to him, procure from the county clerk of the county in which he previously resided another special registration certificate. Upon delivery of the certificate to the election board and upon subscribing to an oath or affirmation before one of the election board clerks stating his present residence and that he has removed to such residence since the close of the register, the person shall be permitted to vote in the precinct in which he presently resides."

The Legislative Assembly has provided a deadline for registration by electors generally qualified to vote and has likewise imposed that deadline on electors qualified to obtain a special registration certificate. Otherwise, there would be no necessity for the special procedures to be followed by a specially registered elector who changes his residence when the register of electors is closed.

Furthermore, ORS 247.470 provides:

"(1) ORS 247.011, 247.031, 247.111, 247.151, 247.161, 247.171, 247.181, 247.191, 247.290, 247.300, 247.910 and 247.920 do not apply to registration under ORS 247.410 to 247.470.

"(2) Except as otherwise provided in ORS 247.410 to 247.470 and in ORS 247.991, 249.369, 250.310, 250.520, 250.631 and 253.210, the registration and voting of persons referred to in ORS 247.410 shall be governed in as nearly as possible the same manner as the registration and voting of other qualified electors."

Accordingly, it is our opinion that the special registration certificate described in ORS 247.410 to 247.470 cannot be issued during the period when the register of electors is closed.