Oregon Advisory Opinions November 03, 1969: OAG 69-83 (November 3, 1969)
Collection: Oregon Attorney General Opinions
Docket: OAG 69-83
Date: Nov. 3, 1969
Advisory Opinion Text
OAG 69-83.
To what extent may a registrar cooperate with a voter registration drive without violating ORS 247.011(6)?
ANSWER GIVEN
A registrar may cooperate in a registration drive to the extent that he does not engage in individual solicitation of potential voters to register.
ORS 247.011, dealing with the appointment and duties of official registrars, provides in subsection (6) thereof:
"Each official registrar shall establish and maintain a permantent or temporary place, conveniently located or
may conduct a mobile facility, for the registration of electors. In so far as practicable, he shall acquaint the public with the location of such place or mobile facility, the facilities available for registration and the ease and convenience with which registration may be accomplished. He shall not conduct any canvass for the purpose of securing registrations."
It has apparently been contended that the last sentence quoted above would prohibit a registrar from cooperating in a registration drive where volunteer workers ( who are not registrars ) would encourage potential voters to register at a facility conveniently located nearby where a registrar would be available.
Such activity is not prohibited by the statute.
It is apparent from reading ORS 247.011(6) that the legislature intended not only that voting registration facilities be made conveniently available, but that registration should be encouraged . Thus, it is required that a registrar acquaint the public with the location of available facilities for registration and the "ease and convenience" of accomplishing registration.
The word "canvass" is defined in Webster's Dictionary, 2d International Edition, as far as pertinent here, as:
"To go through (a district) or go to (persons) to solicit orders, subscriptions, advertising, etc., specif., to cover (a district) or go to (persons) to solicit pledges, votes, etc.;***"
The provision in ORS 247.011(6) that a registrar "shall not conduct any canvass" for securing registrations
would prohibit door-to-door solicitation of registrations. However, the legislative directive in the statute that the registrar shall maintain a permanent or temporary place, or "mobile facility" which is "conveniently located," and shall acquaint the public with the location of the "place or mobile facility," and of the facilities available and the "ease and convenience with which registration may be accomplished" in no way evinces an intent that a registrar should otherwise be prevented from cooperating in a registration drive.
On the contrary the intent is plain that a registrar shall accommodate the registration of voters and the purpose would be well effectuated through cooperation with volunteer workers who would direct potential voters to the facilities of a conveniently located registrar.
Provided that a registrar does not directly engage in solicitation of individuals to register to vote, ORS 247.011(6) does not prohibit his participation in a registration drive through conveniently locating his facility in cooperation with volunteer workers who are encouraging persons to register to vote.