OAG 40-61.

• Case Date: September 17, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-61. 72OPINION NO. 40-61[20 Or. Op. Atty. Gen. 72]In computing 50-day period after petitions for nominations of directors of peoples' utility districts have been filed, before an election may be held, the day on which the petition was filed may be excluded.September 17, 1940.Hydroelectric Commission of Oregon.Gentlemen: I have your letter of September 16, 1940, enclosing typewritten form of nominating petition for director of proposed Central Lincoln People's Utility District, which you state was received in your office on September 16th. You request my opinion as to whether said petition is in the form required by law and whether it was filed in sufficient time to be placed on the ballot at the election to be held November 5, 1940. I have examined said form of nominating petition, except as to signatures and other clerical matters, and find the same to be in legal form. Section 56-3406, Oregon Code 1935 Supplement, provides:

"* * * If, after such final report, the sponsors of such petition desire to proceed with the creation of the proposed district, * * * the sponsors of such proposed district may, without the filing of preliminary and final petitions, request the hydroelectric commission to call an election to be held within the boundaries of the proposed district described in the final petition filed with said commission and which authorized the calling of the said election at which the majority of the qualified voters voted against such creation. In not less than fifty (50) days and not more than sixty (60) days after the filing of such request, an election shall be called by the hydroelectric commission as requested."

A similar provision as to time appearing in the same section was discussed in my opinion rendered to you on July 9, 1936, page 12 Opinions of the Attorney-General 1936-1938, in which it was held that the time should be computed from the date of filing the petition with the commissioner. Section 7-109...