OAG 40-69.

• Case Date: October 02, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-69. 80OPINION NO. 40-69[20 Or. Op. Atty. Gen. 80]In an election upon the question of creating a peoples' utility district in but not including all of Marion county, to be held concurrently with a general election in that county, the judges and clerks of the general election in the precincts wholly or partly within the proposed district are required by law to serve also in the peoples' utility district election, notwithstanding the voting place in a precinct may not be within such district.October 2, 1940.Hon. Lyle J. Page,District Attorney, Marion County. Dear Mr. Page: I am in receipt of your letter of October 1, 1940, in which you refer to sections 56-3421 and 56-3441, Oregon Code 1935 Supplement, relating to the holding of elections for the formation, consolidation or addition to peoples' utility districts. Said section 56-3421 provides for the giving of notice for "any election hereinbefore provided for", and among other things provides:

"* * * The county court of each county in which any part of a proposed district is located shall publish and/or post a notice of such election * * *. Such notice by the county court shall contain a designation of the polling-places in such election. The county court shall, in its discretion, designate the number and location of the polling-places, in such election; provided, that all such designated polling-places shall be located within the boundaries of the proposed district."

It is thus noticed that the provisions of said section apply generally to all elections held for the organization of or within people's utility districts. Sections 56-3440 and 56-3441 relate to the holding of such elections concurrently with general elections held throughout the county or counties in which the district or part thereof is located. Section 56-3440 provides, among other things, that in case a district is not coterminous with the county there shall

"be prepared and furnished to the county clerk, for distribution to the election judges of any precincts which are not wholly contained within the boundaries of the district holding such election, a map showing the part of such precincts within and without the

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