Case Information
*1 Mr. T. M. Trimble, First Assistant
State Superintendent
State Department of Education opinfon no. O-6006
Dear Mr. Trimblsr
Be: Disposition and handling of election returns - Independent sohool district
This offioe is in receipt of youp letter of April 26, 1944, together with the rttaohed inquiry by H. PT. Stillwell, Superintendent, Tsxarkana, Texas, Public Schools. The fo-Ilowing is our opinion as to the answers to the various questions submitted to you by W. Stillwell.
Ris firat inquiry is0 "Please give me directions about how to dispose of election returns, b&h for those of the ourrent year as well as those for previous years."
Itas our opinion that the election returm, both those fir the current year aa well as those for previous yeam, may be disposed of w burning or in any other manner; provided, that they must be retained and may not ba disposed of for at least one year after the date of the election.
Artiole 3026, Bmnon's Revised Civil Statutes, provides8 "When the ball.ots have all been counted. the managsre of the lection in person shall make out triplicate returns of the same, certified to be correct, and sigmsd by them offioially, showing: Pirst,the total nun&m of votes polled rt such box3 second, the number polled for each sandidatel one of which ratuws,together with the poll lists and tally lists, shalX be sealed up in an envelope and delivered by one of the precinot judges to the oounty judge of the countys another of said returns, together with poll lists and tally Ilsts,sblP be delivered by one of the managers of eleotiona to the oo~unty clerk of the oouaty to be kept by him in his offioe open to inspection by the pub110 for twelpr moathr frcmthe day of the elections and the other of said returns, pcll and tally lists shill Lu kept bu the presiding officer oftha eleotioO for twelve months from the day of the eleotio& 21 oace of vaoanoy in the office of county judge, or tho absenos, failure or inability of that officer to act, the eleatiorr retums shall k, deliver& to the county clerk oftho county who shall srfely keep the same ln hi8 offioe, and he, or' the ooullty judge, shall deliver the smm to tha cmmisuiomrr' court'on the dq appointed by law to open and compare the polls~ Acts 1’383, pe 50; Aots lrt C. L. 1905. p. 541, 80~. 91; G,L. vol. 9, po 357."
Hon. T. M. Trimble, pge 2 (o-6006)
We find no provision in the statutes or in the case* requiring that the r&urn6 thaelvos be preserved save thore in the above quoted statute.
Lest disposition of returns be confised with dispoeition of "ballots," we ar@ enclosing herewith a oopy of our Opinion Ho. O-4038 tiioh treata of that subjeot.
His second question in: "For the currant year to whom should the returns, made by the election officers, go7 And in partioular, do any of thsla go to any County Officer?"
Mr. Stillare does not state the partioubr *pa of election to which this question relates. We are presuming that he refers to the elec- tions of trustees for the Tsxarkana Independent School District and we answer his question accordingly.
It is our opinion that three copies of these returns should be made: that one mpy of suoh returns should be retained by the presiding officer of the election; that the other returns should be made to the sahool board and not to any county offioialt that manual delivery to the sbhool board should be effeoted by delivering one oopy of the returns to the president of the sohool board and the other to the secretary of the school board.
Article 3026, V.R.C.S., quoted above, provides for the making of triplicate returna, that one return shall be retained by the presiding officer of the election and the other two delivered to the oounty judge and county clerk respectively.
The Texarkana Indppendent School M&riot is created by Chapter 31 of the Local and Speoial Laws of the 36th Legislature at its Third Called Session,as amended by the Speoial Laws of the 39th Legislature at its First Called Session in 1926, Chapter 49, page 152. Section 3 of said Chapter 31 wae amended by Section 2 of Chapter 49 of the Special Laws of the 39th Legislature at its First Called Seasion to read, in part, as foll0Wsr
"All such ale&ions shall be held in aocordanae with the State Laws gov- erning elections, except that said board shall fix one or more voting plaoes in each ward of the City of Texarkana, Texas, and eaid Board shall appoint a presiding officer to hold said eleotion at eaoh voting place, and suoh presiding officer shall select at least one judge and two clerks for the raspactive voting plaoes, and said presiding officer, judges and clerks, shall sot as managers of said election, and shall take the oath prescribed by law as in general elections, and make returns of said eloc- tion to said board, as required by law at general ale&ion, and 8t the *3 Hon. T. M. Trimble, page 3 (o-6006)
first regular or oalled session thereafter the said school board shall canvass such returns, declare the resulta thereof and issue csrtifiaates of election totha persona shGmr8 by said returns to have been elected.? (Emphasis supplied).
There is nothing in the special law precluding the retsnticn of one copy of the return by the presiding officer of the election, and we believe that he should retain one oopy.
However', unlike the rule in general elections, the speoial law doss not specifically prcrvide for manual deliver of the returnfs to any particular person or persrms. It provides that the returns shall be made "to the board."
Our courts have repeatedly held that boards have no legal exist- enoe as exh, c-r -+ when their numbers meet together as I board. (Texas Jurisprudence, Volume 4 page 457; Webster, et al. Vs. Texas h Pacifio Motor Transport Company, et al., 166 S.W. (2d) 75).
Therefore, it is our opinion that the delivery is not compPetely and legally effected untilthe returns are plaoed before the board meeting as such. However, speedy manual delivery of the election to the returna persons authorized to aocept them presents a problem that must be me% in a practical manner. It would ba impraotioal and unreasonable to contend that it would be necessary for the school board to convene in a body in order to receive and retain the Peturns. The pr=osident and secretary cf the Board of Trustees of the Tsxarkana Independent School Distriot are the officers whose funotions are most nearly comparable to those of the county judge and oounty clerk, who LP~ charged withthe duty of receiving slec- tion returns in general elections. For that reason, it is our opinion that manual delivery of the returns may be made to the president and secretary of the school board.
His third question is8 Qhen the returns o(we in from an election box with voted ballots or sur- plus ballots loose and not sealed, what is the sohool distrlot supposed to do about t$e matter?'
It is our opiiion that the s&o01 board should keep all of these ballots for one year after the election, and then burn them.
The special rot quoted above adopts the rubs of general eleotions as being applicable to elections in your district insofar aa theyaro not changed by it. titicle 3026, V.R.C.S., relating to general elections, reads, in part:
"Immediatsly after counting the votes by the managers Of eleCtiOn, the presiding officer shall plaoe all the ballots voted, together with one poll tax list and one tally list, into a wooden or metallic box, and
- .- Hon. T. XI. TPimbZa, page 4 (C-6006)
shall securely fastenthe hex x?ith nails, s~"ews dr locks, and he shall. within ten days after the olsetioxr, Sunda;ys azd the days of election ex- eluded, deliver said box tc the county clerk of his county, . 0 ., whose duty it shall be to keep the sme securely; ., e + If no contest grows out of tho election within one year rC%sr the day of such election, the said clerk shall destrr,y the contents of said lnlEot box by burning the some."
His fourth question iS8 "Are ths election officers suppose. to give b&h the Prssidont md the Secretary of the School Bard tally she*ta, poll lists, ~&urns, regis- ter of n&ilatad ballots, register of absentee votes, eto,BR
It is our opinion that separate copies of the ret&s, poll lists, and tally lists, should bs made both to the president and secretary of the board.
Article 3026, VeR.CeSC,, hersinaiwm quoted, provides that such returns, poll lists, and tally lists shall be sealed up and delivered both to the county jGdge and to the ~~~unty clerk. Aas we have stated befi*~e, it is our opinion that in s&oo% &action@:, the prssident and secretary of the school board perform similar functisns ix *hose of these county officers.
Weare un~bla to find aw law pruP%ding for tRe delivery bath to the county judge and the cuurty olerk (or &I his casa, to the president end secretary of the school board) inditidual copies of register of mutil- ated ballots, register of absentsa votes, or other election materials, other than those mentioned in t& precuding paragraph0 For that mason we see no necessity for making suoh dupXfcrte dalivaries.
His fifth question iss "Woh envelope is to be opened when the returns are oanmssed?"
It is our opinion &at both the m%urn rmde to the prosident and that made to the secretary of the rehooR board may be cpmed.
The special aat of the Legislature quoted above in our l nllrlo r to Mr. Stillwoll'8 second question pr&dea, in p*rts
1) . . . such board shall oanvuas such returna, D 0 .* Both the copy delivorod to the pro&den% and thnt delivered to the sacrota- ry u-a offieial roturns. It ir th#refal our opinion that in ordor to ef- foot. 8 oompl&.@ canvass both copies should be opened*
Eia sixth quo&ion isn
Hon. T. M. fM.tnbl6, pag6 5 IO-6006)
'In regard to raturns of previous years, how long ir th6~6ohool dis- triat~to pr686x-m the rrturna befor d66troying them? And wbn tIio Board do66 d6rtruy th6m, ~6 l ay kind of roaordr or affidavit6 to bo mado or any particular form of procedur6 ob66medP6
The fir8t alau60 of tbir inquirg i6 amwerad ia our opinion a6 to Mr. Sfillw611~6 flr6t qu66tion mt out above in thi6 opinion.
W6k6 unable to fiad any provision of law requiring any raaordt or affidavit6 to k made or any particular form of proc6durs to bo obsarwd when th6 r6turn6 are dertrcyod.
Pay truly youra, Nl'ORNSYGESERAL GFTEXIG By /a/ U. I'. carry T&T. Carry AEEiStaIlt APPRm JUL 5, 1944
/E/GOorgo % Blaoklxlra By G.W.B. (Acting) AT!tEtNEX GENERAL OF rntks
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