OAG 40-59.

Case DateSeptember 14, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-59. 70OPINION NO. 40-59[20 Or. Op. Atty. Gen. 70]The two precinct judges of election are required by law to be of different political parties, and if mistake is made in their appointment from same party timely notice thereof requires its correction. Irregularities, however, do not invalidate elections in the absence of fraud or deprivation of voting.September 14, 1940.Hon. Garnet L. Green,District Attorney, Clatsop County. Dear Mr. Green I am in receipt of your letter of September 9, 1940, enclosing copy of a letter addressed to you by Mr. J. E. Banning, clerk of election board at Wauna, Oregon, under date of September 5, 1940. You request my opinion upon the questions submitted to you in the letter of Mr. Banning, one being whether or not both judges of election in a given precinct may be members of the same political party, and the other question being whether or not a candidate for precinct committeeman or committeewoman may be a member of the election board. Upon the latter question I call your attention to the opinion of this office addressed to Honorable Fred McHenry, under date of April 14, 1932, and found at page 602 of the Biennial Report of this office for the period 1930-1932. Upon the first question I quote the only two provisions of the statute which I have been able to find, as follows: Section 36-202, Oregon Code 1930, found at page 40 of the Election Laws for 1940, contains the following language:
"The county clerk shall select a list of legal voters from each precinct in the county and submit the same to the county court, who shall, if satisfactory to said court, at the regular term in January preceding a general election, appoint therefrom two judges and three clerks of election for each election precinct, to serve for the period of two years, and shall designate one judge to be chairman. Said
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