Your letters of September 13th and September 19th re- questing the opinion of this department have been received. The questions stated therein are as follows:

"(1) May a candidate have his name placed upon the Offlclal Ballot as an Independent candi- date for the office of SherTff by complyingwith the terms of Articles 3159 and 3162 more than thirty (30) days after the General Primary where the nomination for said office was declared void by~the District Court and where there was no second primary conducted for the nomination for Sheriff?

"(2) Should the foregoing be answered in the affirmative, then is such candidate barred from having his name placed on the official ballot by petition, if he has participated as a voter in the Primary Xlectlon that was held void by the District Court?

"(3) Are either of the candidates who partlci- pated in the Primary Election that was d,eclared void, barred from having their names placed on the official ballot for Independent candidate by reason of the fact that he was a candidate for the nomination in the Democratic Primary for the office of sheriff?" There was but one primary in Jim Wells County as far as the Democratic nomination for sheriff was concerned, so it *2 Hon. L. D. Griffin - page 2 O-7358 necessarily follows that the thirty (30) days must be dated from the general primary election day which would require an independent candidate to file his application by the 26th day of August, 1946.

Because we have answered your first question in the negative, there is no need to answer your second and third questions.

Yours very truly ATTORNEY GENERAL OF TEXAS By sk Jno. Cam; Rnorpp Assistant JCK:djm;djm;wc

Approved Oct. 7, 1946

Harris Toler

First Assistant

Attorney General

This opinion considered and approved In limited conference. Approved: Opinion Committee By bwb Chairman