Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
CERILD c. MANN ..I” .I”DUL Maroh SO, 1939
Conorab1r T. X. Trhble
First Assistant State Suparlntandent
Dapartmmt OZ Lducatloon
AWtiIi, 'fOXaS
Dear sl.rt
ta eaa se era ln Twei f Baroh 30, 1989, In ~rhiai you aahe ths folh
that th.ls is a p6Tt1on OS a.*f&aert rpsdtr :J a oounty euperlntendent end ths Slrrt peraon prdilirme reier o the ootmty superlntemlsut.
son. ‘i’. h!. irimble, Larch 30, lS39, Pace 2
"All of the ballots for the election of a school tlWStC!!e in CO::.mon school districts end in independent cmsua roll approved br the State Department of Tduca- tion and exclusive or transfers shall be printed with blaok ink on clear whlte paper, of sutflalent thickness to prevent the marks thereon being seen through the pwr , and be of unifom style and dimension; at the top of the ballot there shall be rinted WOfrlolal independent Sohool ii. iatrlct", the number haliot, or name nths sohool district in rhloh the eleotlon la to be held to be illled Iu by the
m~t,"eu he orders the ballots p~d@?k$$f!kW
to have his name piaoed on add offIolal ballat,
as a eandldate for the.offlce of trwtw of a oommm sahsol dlstrlat or-of an independent sehool~distriot as hereIn provided shall, at leaat ten day6 beSore sald.elsatIon, file a written request with the oounty~lu&e of the aouutT
hI h said dlstrlot Is iooated rsqueoting that hla n&at bZ placed on the 0rfidal id&t,~an4 no oanaiaate shall have his name minted on aaid ballot~unleas he has aonmlbd with the DlTOViSiOM or this Aat; prOriUed that five or more resident qualified voters in the Uletrlot may requeat.that certain names be printed. The county: m, won receipt of such vmltten reqwst, and at least five daya before the eleation, shali have the ballots printed as provided in this Aot, placing on'the bailot the name of each caadldate who has oomplIe4 with the texms of this Act, and deliver a sufflelent number printed ballots and amount 0r supplies neaeosarp r0r suoh.eleotIon to the prealalng offloor of the eleation at least one day before aald aleatlon 1s to be held, said election supplies, ballots, boxes, and tally sheets to be delivered by the eouuty luage by mall or In any other uamer by him deemed best, to the presiding orfioer of salU election in sealed enveiepes which sha3.i not be opsnd by the election orrlcrer until the day of the eleotIon.W
pie aall attention to the provlslons of thls Article, and espealally to that part which provides that '910 oandldate shall have hls ame printed on said ballot ~nieas he has complied with the provisions of this Act."
Statutory provlalons as to the preparation of ballots and aa to the printed names to appear thereoujare UtandatorY aud mwt be strictly followed. ~unagan v. Ionea, 76 S, tie (2) 219.
iicn. ii i.. r'rLmbla, Larch 30, 1939, 5'ag.e 3
I-: in also G ;oneral rillr ol" cL:iiuuc.ry c;.nctruction that 6 pro- vizior lisALIz;. a t:liq: to Lr docc: in a particular zanner lu@les tb;ct it 8hnil 1105 i.a done othjl:rwise. 3b ,0x. Jur. 159.
:,'bet pert of t be ;%ct xhlch provides "that flvn or nore resident qualified voters in the district may request.tbat certain nfmes be ;trLnted" o'rvlously mom that such request shall be fllcd with the sane ozflcer authorized to accept the request of ac 'indlvldutl cnndldate and v,!tll= the 5amz period of time. I. reading of the stttute as a whole makes it alear thst
names ahall not be printed on tho ballot unless the prooe4ux-a preecrIbe6 la followed. Looal cuatoh ceunot repeal the amndatory provision or an Aot the Leglalature.
#e ara of the opInIon that name8 of aaadidak8 for
sohool truzteee in ooamm school dlstrIcts and independent eahool alstriota, having a soholaatic population of 1688 than fLve hundred, should not be printed on the o~flOla1 balloot uulesa ul%fen roqurst has been made to the county judge an protided by Art1010 E746a.