OAG 40-89.

• Case Date: October 19, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-89. 99OPINION NO. 40-89[20 Or. Op. Atty. Gen. 99]Electors absent from state may register before notary public or county clerk in county where residing in another state. Cannot register on basis of telegram to county clerk.October 19, 1940.Hon. Bert C. Boylan,District Attorney, Deschutes County. Dear Sir: In your letter of October 17, 1940, you state that a resident of Deschutes county became of age on May 9, 1940, while in school outside the state of Oregon and has not since been within the state of Oregon on account of attendance in school outside the state. On October 5, 1940, he sent a telegram to the county clerk in which he stated:

"Unable to be in Oregon before registration closed. Therefore will you please accept this message as my registration. Was born 73 Tumalo Avenue in Bend, Deschutes County, Oregon, and this is also my present residence. Fathers name Harry Adelbert Miller. Mothers name Sarah Heyburn Miller. I affirm that I am a male citizen of the United States over twenty-one years of age, a member of the Republican party. The above statements are true."

You request my opinion whether the county clerk is authorized to consider this man as registered, or is authorized to register him when he arrives in Bend within the thirty-day period prior to the coming election. Section 36-104, Oregon Code 1930, as amended by chapter 123, Oregon Laws, 1939, provides:

"The county clerk shall register any qualified elector who may request to be registered at any time after the first Monday in January, 1916, except that he shall refuse to register any elector during thirty (30) days next preceding any general or primary election, or thirty (30) days next

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