Oregon Advisory Opinions April 20, 1976: OAG 76-37 (April 20, 1976)

OAG 76-37.

ORS 334.032 provides:

"The district boundary board shall divide each intermediate education district having a population of 300,000 or less, according to the latest federal census, into not more than five zones as nearly equal in census population as may be practicable, measured along common school district boundary lines except that zones may be established using voting precinct boundaries in order to achieve greater equality of population. The district boundary board

may readjust the boundaries of such zones once each year and shall readjust the boundaries of such zones immediately upon any change of the boundaries of the intermediate education district."
Upon reading the statute one could understandably conclude that the word "census" where used in reference to dividing the district into zones means federal census, because the phrase "latest federal census" is used earlier in the same sentence.

This would present an incongruity because the enumeration areas which make up the federal census cannot be broken down to accommodate district or precinct lines as they may be established from time to time. Furthermore, there would be no purpose in authorizing readjustment of zone boundaries "once each year," absent any change in district territory, because of course the federal census referred to is taken only once every ten years.

Actually, it is apparent that the word "census" in "census population" is an obsolete reference to the former "school census" which was eliminated in 1971. Oregon Laws 1975, ch 106, §1, amending ORS 334.032, deleted the words "as shown by the latest school census" which had followed the words "census population."

Minutes of the Senate Committee on Local Government and Elections for February 14, 1975, page 2, show that "the elimination of the reference to the latest school census which

no longer exists" was clearly intended. Unfortunately, the elimination was not complete, causing the wording of the statute to be misleading.

Section 2 of chapter 294, Oregon Laws 1971, the same Act that repealed former ORS 332.705 et seq , the school census law, added a provision in ORS 190.520 that the State Board of Higher Education shall annually estimate the number of persons in each county between the ages of four and twenty and certify the estimate to the Superintendent of Public Instruction and appropriate county school offices. Such a blanket number would be of little help in adjusting district zones and we cannot conclude that it was intended to substitute for the school census for the purpose of ORS 334.032, although it does for some other purposes. The school census required the "post-office addresses" of parents and guardians of persons over four and under twenty so a breakdown of population by area was possible.

We must conclude that in adding the provision regarding use of precinct boundaries "to achieve greater equality of population," the legislature expected the district boundary board to begin with voter registration statistics in determining the distribution of population in the district. District boundary boards may wish to consult with the office of the Secretary of State in developing a formula for estimating total population in relation to registered voters which may vary thoughout the state.