OAG 40-51.

• Case Date: September 05, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-51. 61OPINION NO. 40-51[20 Or. Op. Atty. Gen. 61]Members of the National Guard absent from the state in military service do not lose residence in Oregon for voting purposes on account of such absence.September 5, 1940.Hon. James R. Bain, District Attorney,Multnomah County. Dear Sir: Under date of August 29, 1940, you refer to sections 4 and 5 of Article II, of the Constitution of Oregon, and request my opinion whether or not members of the National Guard, who may be called into the service of the United States under legislation just enacted by Congress, will be eligible to vote at the coming general election by absentee ballot if, at the time of the election, they are in the service of the United States. Section 4 of Article II of the Constitution of Oregon reads in part as follows:

"For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, or of this state; * * *."

Section 5 provides:

"No soldier, seaman, or marine, in the army or navy of the United States, or of their allies, shall be deemed to have acquired a residence in the state in consequence of having been stationed within the same, nor shall any

62such soldier, seaman, or marine have the right to vote." Sections 4, 4a and 4b of Chapter I, Title 32, 1939 Cumulative Annual Pocket Part, U. S. C. A., provide for the composition of the National Guard of each state, territory and District of Columbia, and the National Guard of the United States. Section 81, of chapter V, Title 32, 1939 Cumulative Annual Pocket Part, U. S. C. A., provides for the ordering into the active military service of the United States...