Case Information

*1 ’ - 769 OFFICE OF THE ATTORNEY 'GENERAL OF TEXAS '. AUSTIN

Q-CM&lad . li--

Eonorable Warren LIoDoneld

County Attorney

slcith County

Tyler8 Taxas

Desr Sir;

st, but not e mason of a mm- in votes for tes, c;ay be ,de- ed, or whether election is neces- e the County Execu- ~mi.ttse has providea ination of county ana t officora by a EaJor- .I the only other candidate for said office printed on the bal-

lot, but C, nhoso nsze was not printed on the

ballot, received tvi0 votes as a Write inn

candidate, is it necesssry for.A an8 D to have

a run-off election?"

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i Honorable warren WXMxald, page 2

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Youstate in your letter that the County Rmecu- tlve Committee, prior to the tirst primary, has provided ror nomination ror county and preolnct orricers by a m- ’ .s. jorlty vote in accordance with Article 3106, Revised civil F. Statutes, 1925, which provides that, .fm 2,

‘The County EXeCUtiVe Committee shall de- aide whether the nomination of county CffLcers

’ shall be by majority or plurality vote, and,

.if by a majority vote, the CommSttee shall cell

as many eleotlons a8 may be necessary to make

such nomination . , ,*

The San Antonio court of civil Appeals In the oaae of P7agner vs. Yates 119 s. w. (2a) 115, in oonstru- lng this 0tatute deolaredi

AIt is olear that where the. Exeoutfve Com- mlttce, at the proper time and prior to the

rirst primary, provides for the nomtnation of

oounty ana precinct officers by majority vote

(Art, 1306, R. S. 1925), no person can be de-

clared to be the nominee or hlo party for a

county or precinct office unless that person receives e ma jorfty or the votes in the first

primary.”

The oases of Dunagan vs. Jones, 76 S. PJ. (20) 219, and Cunningham vs. McDeraett, 277 S. Pi. .218,very olenrly es- tablish the principle that v{rite-in votes for candidates whose names do not appear on the offioial ballot are of equal . dignity with votes for candidates whose names were printed on

the ballot $,n the first prtiary or general eleotion.

Applying the rules announced in the foregoing. oaees to the faot situation presented in your request, we are 0t the Opinion that it vrill be necessary to hold a run-ofr election to Select the dec;cCratiC nominee for the office of Justice or the Peace, inasmuch as no cendldate for said orfice received a majority at the general primary election.

we vfish t0 express our sincere appreciatLon ror the excellent brief submitt.ed by you nlth your =quOSt, wtdOh

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%onorable Warren UaDonald, Page 3

has beon of mterlal asr;istanoe to us.

Yours very truly ,.-- e.:. WRK: etT

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