Oregon Advisory Opinions February 11, 1966: OAG 66-22 (February 11, 1966)

Oregon Attorney General Opinions

1966.

OAG 66-22.

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Candidate for nomination by major political party must reside in the state six months immediately prior to the primary election and have registered according to law.

You present the following facts for our consideration:

"* * * an individual was a registered elector and stated that he was affiliated with a major party in Oregon through 1956 at which time he moved out of state. He returned in December 1965 and reregistered as a member of the same political party as shown on his registration of 1956."

You then ask would this

"* * * constitute a 'temporary lapse of registration' and would such an individual be eligible to file a petition for nomination or declaration of candidacy for the Primary Election of 1966?"

In view of the general nature of the problem presented the question of eligibility for nomination as a candidate for a major political party at the next primary election will first be considered.

ORS 249.020 (1) in part provides:

"Any registered elector may become a candidate for the nomination of a major political party with which he is affiliated for any office for which he is eligible * * *." (Emphasis supplied)

Article II, § 2 (1), of the Constitution, fixes the qualifications of an elector. Section 2 in part provides that:

"Every citizen of the United States is entitled to vote in all elections * * * if such citizen:

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"(b) Has resided in this state during the six months immediately preceding the election * * *

"(c) Is registered prior to the election in the manner provided by law; * * *"

Your attention is also invited to Article II, § 4, which provides:

"For the purpose of voting, no person shall be deemed to have gained, or lost a residence, by reason of his presence, or absence while employed in the service of the United States, or of this State; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any Seminary of Learning; nor while kept at any alms house, or other assylum (sic), at public expence (sic); nor while confined in any public prison."

The manner of registration is set out in ORS chapter 247. ORS 247.031 (1) in so far as material to the problem under consideration provides:

"Any county clerk or official registrar shall register without charge any qualified elector * * *." (Emphasis supplied)

As shown by subsection (b) of § 2, Article II, a person to qualify as a registered elector must have "resided in this state during the six months immediately preceding the election," and shall have registered as prescribed in ORS 247.070. See Wright et al. v. Blue Mountain Hospital District et al., (1958) 214 Or. 141, 328 P. (2d) 314.

From the above provisions of our Constitution and election laws it is very apparent that the anonymous person referred to in your letter could not qualify as an elector prior to the primary election to be held on May 24 of this year and, therefore, could not become a candidate for nomination to an office to be filled at this election unless he retained his residence for voting purposes under the provisions of Article II, § 4, set forth above.

Giving effect to the statement that the person in question "moved out of state" in 1956 and did not return until December 1965, we find that he lost his voting residence and could not qualify as an elector. Under these circumstances it is unnecessary to give further consideration to your problem.