Oregon Advisory Opinions December 02, 1968: OAG 68-156 (December 2, 1968)

Oregon Attorney General Opinions

1968.

OAG 68-156.

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You ask if the Secretary of State is authorized to designate the date for the beginning of a recount in the various counties when such recount is called for in the case of a state-wide race.

Generally, ORS 246.110 provides:

"The Secretary of State is the chief election officer of this state, and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws."

Also, ORS 246.150 provides that the Secretary of State, subject to law, may promulgate such rules and regulations as he may consider necessary to facilitate and assist in achieving the maximum degree of efficiency in administration of the election laws.

Obviously, the time when a recount is to begin is of great importance because the time schedule for asking for supplemental recounts, as provided in ORS 251.520, is determined in connection with the date of the completion of the canvass of votes in the election. Nowhere in the election recount statutes is a time otherwise set for the actual beginning of a recount.

ORS 251.550 (4) provides that officials conducting a recount shall "notify the affected candidates" of the "date, time and place of the recount." This, however, should not be interpreted as granting to such officials the exclusive authority to determine on what date the recount is to begin. This provision was added to the law in 1965 and the minutes of the Senate Committee on Elections, March 17, 1965, show that is was stated by a representative of the sponsor of the legislation that the purpose of the provision was to insure that observers entitled

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to be present at a recount would be informed of when and where it would take place.

ORS 251.625 specifically grants to the Secretary of State the authority to issue necessary directives and instructions so that recounts will be conducted as quickly as possible:

"In carrying out his responsibility to administer the election laws, the Secretary of State shall have the authority to issue directives and instructions and to assist and advise local election officials in methods and procedures to be used in conducting election recounts to assure an accurate recount in the shortest time at the least expense. * * * "

We conclude that the broad authority vested in the Secretary of State regarding the administration of election laws, and specifically regarding recounts, authorizes that officer to designate the date when a recount shall begin. Your question is therefore answered in the affirmative.