Oregon Advisory Opinions April 14, 1966: OAG 66-53 (April 14, 1966)
Collection: Oregon Attorney General Opinions
Docket: OAG 66-53
Date: April 14, 1966
Advisory Opinion Text
OAG 66-53.
Candidates may not solicit campaign contributions from holders of public positions or offices other than offices filled by voters.
State Senator
You state that ORS 260.230 "was apparently aimed at employees in civil service at all levels of government" and you inquire whether the statute permits you to solicit campaign contributions from those "serving in other capacities" such as members of the Oregon State Board of Higher Education, the State Sanitary Authority, etc. The statute reads:
"No holder of a public position or office other than an office filled by the voters, shall pay or contribute to aid or promote the nomination or election of any other person to public office. No person shall invite, demand or accept payment or contribution from such holder of a public position or office for campaign purposes."
This statute was enacted as it now reads as § 20, chapter 3, Laws of Oregon 1909, long before the civil service law was enacted and was therefore not limited to the present exempt, unclassified and classified services at the state level. Chapter 3 was adopted by the people at the general election held June 1, 1908. The title of the Act in part provided: "To propose by initiative petition a law to limit candidates' election expenses; to define, prevent and punish corrupt and illegal practices in nominations and elections; to secure and protect the purity of the ballot * * *." This language clearly indicates the intention of the people as to the scope and purpose of the law. See Opinions of the Attorney General, 1960-1962, p. 169.
There can be no question but that the appointees you mention hold either public positions or public offices, none of which is "filled by the voters" at an election requiring the necessity of incurring election expenses. This office has repeatedly held that holders of appointive public positions or offices are forbidden by the statute to "pay or contribute" to the political campaigns of others. As to the definition and distinction in the terms "public office" and "public position" see opinion of the Attorney General No. 6110, dated April 11, 1966 (members of State Board of Accountancy); Opinions of the Attorney General, 1954-1956, p. 8 (county fair board members and employes and county weed control district inspectors); 1960-1962, p. 146 (faculty members at state institutions of higher learning); 1962-1964, p. 22 (public school teachers); 1962-1964, p. 43 (employes of the Legislative Assembly).
Your question involves the second sentence of the above quoted statute. The language clearly prohibits solicitations or the acceptance of payments or contributions by those seeking an elective office in the same broad terms that forbid payments or contributions under the
first sentence. Accordingly, I must answer your question in the negative.