We are In re ccent letter re- questing the opinion ment touohlng the o sllgibllity OS pabl%o oiiio who will have reel eolnat or unlol- 2 pallty In whlo s oandidate, #ix

ensral eleotlon, ing the party.~ ed Oh11 Statutes oi Texas, be ellglble to any ot or municipal otfice ‘unless he shall be ellglblo e under the Constitution of ad unless he shall hare resld- State for the period ot twlre sir months in the oounty, pre- unialpallty, in whleh he offers himeeli as a oandldate, next preceding any general or speolal election, and ahall have been an aotual bona fide citizen of said oounty, preolnot, or munlaipallty ior more than six months. Ko pereon inellglble to hold otfioe shall ever have his na%8 placed upon the ballot at any general or speolal eleotlon, or at any primary eleetlon where *2 Hon. a. A. Slau&tsr, Page 2

oasdldatss are seleotsd under primary elso- tlea laws of this State) and ao such lnellgi- bls oandldate shall ever be voted upon, nor hare totes oountsd for him, at any such gen- eral, speolal, or primary sleotloa.a It Is observed that the term *general or sps- olal elsotlonw, only, appears In the first sentence OS the statute; whereas, thereafter in the statute touohlng a different but related matter appear the terms *any

snsral or spsoial eleotlon, E at any primary sleotlon*. emphasis ours) Clearly, therefore, the employment of f the term wgsneral or speolal slsotlon.w, pertaining to the sir months rssldenoe and oltlsenship rsqulrements was not intended to lnolude primary elections.

The general hlsotion is held in llovanber~ sps- olal slsotlons are held.at suoh times and plsoes as tlx- sd by law. Article 2930, Revised Cl~il Statute?, as amended.

A *primary eleotlong ts one held by the mem- bers or an organized polltloal party for the purpose oi nominating the~tiandldatss for suoh party to be voted Sor Artlols 5100, .Rsrlssd at a general or spsolal sleotlon. Civil Statutes.

It has been repeatedly hsld,by this department that, under Article 2929, supra, aparQ.irWI! other nsosss- ary quallfloatlons, an individual 1s s.llglble to hold a publio ofilos if he has reslded ln, and besti a bona tide sitiasn of, the county, prse%not or muniolpality six months prior to the general sleotion or speolal elections fixed by law.

Ths.Suprems Courts & Tsxad ii. the oass sf.Iloy vs. Sohnslder, 110 Teer. S69,~2lS SW 279, 221 SW 880, held that the term weleotlonw ae wed la the Constitution does not comprehend primary sleotions.

Acoordlngly, you ars advised that It Is the opinion of this dspartmnt that Art1018 2929, supra, in *3 Eon. 0. R. Slau@ter, Page 3

its six months rssldenoe and oitlzsnshlp rsqulrsmsnts, refers to the general sleotioa or speolal elsotloas fir; by law, and doss not refer to party primary eleo-

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Yours very truly ATTORHEY C2ZEZAL OF TFXAS