Case Information
*1 44: OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTIN
HonOrable F. 8. caudle
County Attorney
Freaklla county Mt. Y~PIIOIL, Texas
we a* in receipt
quota from your letter a8
mIn an eleatlon he
sohool tietrio
tees or the Ul
the election
that each b
ed thereon
ends and the payment thereof.
or the boa&s and the la payment thereof. n there was e&80 another tillal& voter to be voted on, whioh read FOR: Petftlng buildltq on pewit Grade School Campus.
In VOtiag, the eleotion manager handed :tQ e.aaah voter the ballot derigaatea by the Board t3r-Tndt808 *2 Roaorable F. 8. Csudlo, page #8
and also the other ballot sIga%ryIng the aholae 0r looation. rfew or ArtIole 2786 and Artfale FIRSTI In 2780, did the rererendum ticket fn- validate th’a eleatlon?*
As we understand y0u.r Inquiry, the voters wer4
hand4d two separate ballots - one prodded rqr in the eleotlon order authorizing the bond eleotlon, and In Artlole 8786 or the Revised Civil Statutes or Texas - the other a separate ballot to determIn4 the loaation oS the new building In the event the bond eleotlon oarrled.
The Board of Trust440, as th4 &overnlng body oi
th4 independent sohool dlatriat, wmld hare the authority to 4reot a new bullding on any rite wlthlwthe dlotrlot.
Th4 additional ballot seenis to us to Id4 been merely a "straw" vote to determine the.wlll of the people as to uher4 they wanted the new bulldIng to be looated, and had no legal meanlug or gfreot, whetao4ver. Being merely an erprrmlon of the peop14 1 t maf or may not aid the B4ard In d4tmmln- lag the lo4atiOn of the bulldlng.
Thsrerore, It 1s our opinifm that uad4P the hota
submittad la your 14tter, the tir424ndpr ticket aid not In- validate th4 bond eleotio@ aa a ~mtt4r 09 law.. EoWWer, IS a surrIol4d number Or rotarr~w4x-e In 1108~ way 1dl4d by this -4trarF ballot 8o'es to ohaage the reoult of the 4140- tfori, then these raats r0tlra have to be proron in a amrt or 4ompetent frtrlsaI4tIon in an elcration oonteat proabedlng.
S4e Bradford vr IhoCloske~, 814 Se WI SW.
Trusting that the above. satlataat4rIly aasw4m four -Inquiry, w4 are -
very truly yours ATTCWUEY OSiSER& OF TXAS COB-S