Appeal from Circuit Court, Klamath County. Don H. Sanders, Judge. No. 72-99L.
Max Merrill, Bend, argued the cause and filed the brief for appellant.
James J. Spindor, District Attorney, Klamath Falls, argued the cause and filed the brief for respondents.
Langtry, Judge. Schwab, Chief Judge, and Foley, Judge.
This is an appeal from a judgment ruling that an
election to determine if Klamath County should establish a county board of health was valid.
ORS 431.412 (1) provides:
"The governing body of any county shall establish a county board of health, when authorized so to do by a majority of voters of the county at any general or special election * * *."
The election was held on May 23, 1972, the date of the state-wide primary election (ORS 249.340). The question was presented on the ballot as ballot measure No. 8:
"PROPOSED BY REFERENDUM PETITION
"SHALL THE COUNTY COMMISSIONERS ESTABLISH A COUNTY BOARD OF HEALTH AS PROVIDED IN ORS 431.412. The county Board of Health is to be vested with all the powers and charged with all the duties that are vested in the State Board of Health. These powers and duties will consist primarily of supervision of all matters relating to the preservation of life and health of the people of the county."
The measure was passed by a vote of 8,723 "yes" and 5,472 "no."
Contestant Putnam filed a petition contesting the election pursuant to ORS 251.015 to 251.090.
ORS 251.025 (1) provides:
"* * * [T]he approval or rejection of any measure at any primary, general or special election may be contested as provided in ORS 251.015 to 251.090 by any elector entitled to vote for such
"(1) Deliberate and material violation of any provision of the election laws in connection with such * * * approval or rejection."
ORS 251.080 (1) and (5) provide:
"(1) Upon the conclusion of the contest proceeding hearing under ORS 251.070, the circuit court shall render a judgment affirming or setting aside the * * ...