Case Information
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ENJERAL OF EXAS Honorable Ernest Guinn This Opfnion County Attorney Modifies 0 Inion dated El Paso County + /36 ,fi El Paso, Texas Dear Sir:
Opinion No. O-3235 Re: Residence qualfflca- tions of persons en- titled to vote for county school trustees.
fn receipt of your recent request for
We are reference to the resfdence quallflca- our opinion with tions of persons entitled to vote for county school trustees. 2676, R. C. S. 1925, a8 amended, Acts 43~d Leg., 2nd C.S., Ch. 28, p. 108, provides:
"The general management and control of the public free schools and high schools fn each county, unless otherwlse rovlded by law shall be vested In five county school (5 P trustees elected from the county, one of whom shall be elected from the county a% large bx the qualff'fed voters of the common and con- solidated independent school districts of ahe county. and one from each CommissIonera P - cfact by the qualfffed voters of each Common- sfonerra' Precinct, who shall hold offfce for a term of two years. The time for such elec- tfon shall be the first Saturday In April of each year? the order for the electfon of coun- ty school trustees to be made by the county judge at least thirty days prior to the date of said election, and such order shall desig- nate one votfng place for each common school dfatrict. The election officer appointed to hold the electfon for trustees fn each common school district shall hold the election at the same place therein fop the county school trustees. Each year there shall be elected *2 I Honorable Ernest Gulnn, Page 2 (O-3235)
alternately two (2) county school trustees and three (3) county school trustees in each county. The State Superintendent shall pre- pare a proper form of the ballot to be used In such election and such other explanation of the laws as he deems necessary> and trans- mft the same to the county judge of each coun- ty a% least sixty days prfor to the date of such election. All vacancies shall be fflled by the remaining trustees. + * +' (Under- aeorlng ours)
Thfs artfcle expressly provfdes that the county trustee at large shall be elected "by the quallffed voters of the aommon and consolidated independent school districts of the county". OUP opfnfon No. 0-2066, a copy of which has been forwarded to you, supports the conclusion that this provision fs controll%ng over Sec- tfon 8, of Acts 1927, 40th Leg., 1st C.S., Ch. 84, page (Artfcle 2742a, Sectfon Vernon's Texas Clvfl Statutes).
The above quoted statute further provldes
that one county trustee shall be elected "from each Comml.sslonersl Pzoecfnet by the qualified voters of each Commissfonersl Precinct", wlithout fupthep lfmftatfon. St was ruled by this department in opinions dated Feb- puary 9, 1935, to G. l4. Mann, Letter Book 360, page 927, and Map& 30, 1932, to II. IX. Schuemann, Letter Book 332# page that qnalfi"fed resident voters fn Sndependen% school d%stpfc%s ape elfg%ble to vote fop the county school trustees elected Prom the Comnfssioo- epsl Preoincts; the Pequfrement only befng that they be qualaffed voters of a CommfssfonePs8 Preefnct. A sfm%lar rulfng was made fn an op%n%on dated April 8, 1936, addressed to Honorable Hapry d. Schulz, however, in thh%s opinion ft was stated that persons residfng fn muniefpalby controlled dis%r%eta may not vote for county school trustees for their Commfssioners' Pre- &nets, notwithstanding the opfnfon recognized that 2676 "speeff%eallg authorlzee all qualgffed voters wfth%n the Commfssfoneps' Precinct to vote in safd eleetfon." We do no% agree w%th the dfstfnctfon made %n the.% opinion between mun%c%pallg controlled and other %ndependen% schwol dfatrfcts, afnee the stat- ute makes no au& ~PQV%EO%O~.
It fs our opfnfon that only qualified voters
of the common and eonsolfdated independent school dfs- %r%ets of the county may vote fop county school trustee
Honorable Ernest Gulnn, Page (O-3235)
at large and that all qualified voters of the Commls- sloners' Precincts of the county may vote for the coun- ty school trustee from their respective precincts wlth- out reference to whether such voters reside In common or Independent school districts of whatsoever nature.
Yours very truly ATTORNEY GWERAL OF TEXAS By /e/ Cecil C. Cammack Cecil C. Cammack Assistant ccc:ul;LM
APPROVED MAR 1941 /a/ Gerald C. Mann ATTORREY GENERAL OF TEXAS APPROVED 0PlN10Ip COMMITTEE BY BWB HAIRM O~.K.
GRL