OAG 40-79.

• Case Date: October 07, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-79. 88OPINION NO. 40-79[20 Or. Op. Atty. Gen. 88]County clerk not authorized to refuse filing of petition for local option liquor election upon ground that the term "intoxicating liquor" is used therein instead of "alcoholic liquor", as provided by statute.October 7, 1940.Hon. Orval J. Millard,District Attorney, Josephine County. Dear Sir: I have your letter of September 19, 1940, in which you state that petitions have been presented to the county clerk for filing for the purpose of holding a local option election; that the county clerk contends that the form of petition presented is not sufficient inasmuch as the term "intoxicating liquor" is used therein instead of "alcoholic liquor" as used in the form of petition for local option election set out in section 15-1045, Oregon Code 1935 Supplement. The duty and authority of the county clerk in connection with the filing of local option petitions is declared in said section 15-1045, as follows:

"* * * The county clerk, or city clerk or auditor shall, upon receipt of such petition, immediately file the same, and shall thereupon compare the signatures of the electors signing the same with their signatures on the registration books of the election then pending; or if none pending, then with the signatures on the registration books and blanks on file in his office for the preceding general election. If the requisite number of qualified electors shall have signed the petition, and the same shall have been

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