Oregon Advisory Opinions May 18, 1972: OAG 72-34 (May 18, 1972)

OAG 72-34.

ORS 260.522 provides as follows:

"(1) No person shall print, publish, post or circulate or cause to be printed, published, posted or circulated through the mails or otherwise any letter, circular, bill, placard, poster or other publication relating to any election or to any candidate or measure at any election, unless it bears on its face the name and address of the publisher thereof.

"(2) Violation of this section is a misdemeanor."

Prior to 1971 the statute further required the identification of the "author" and prior to 1955 the "printer" was also required to be identified.

The reference to those who engage in the original labor of producing material for publication have been eliminated. Only the "publisher" must still be identified. We construe this as meaning the individual or organization initially responsible for making the material in question known to the public. "Publish" of couse has more than one meaning (see our discussion of the word "publication" in relation to this statute in 33 OAG 514) and the same material may be "published," in a sense, several times -- e.g. the original distribution to campaign workers, and the latter's distribution to voters on the street, through the mails, or door-to-door.

It would be absurd to conclude that election material must contain the name and address of every individual or organization responsible for each successive publication in the technical sense. Furthermore, we conclude from the wording of the statute itself that the "publisher" to be identified by name and address is the one initially responsible for making the material known to the public, and who would be expected to be held accountable for its veracity.

The statute, among other prohibitions, says that no one shall "print" any letter, circular, etc., without the name and address of the publisher being on the face thereof. This must mean the initial publisher, the person who wants the material to be made public; the person who has asked the printer to print it. The printer could not be held under penalty of law to know the name and address of some person or organization, other than the initial publisher, who will later assist in distribution of the material.

We therefore conclude that "publisher," as used in ORS 260.522 means the individual or organization initially making the material known to the public, and does not include persons or organizations later participating in distribution by way of assistance. The address of the publisher, as so defined, must also be included in the statement required.

We further overrule our opinion in 30 OAG 127 (1961) which held that the name of a political committee, unconnected to that of an individual, is not sufficient identification under ORS 260.522.