Case Information
*1 January 26, 1939 Honorable T. M. Trlmblo
?lrat Asalstant Stat0
8uperlntandant
Austln,Tsus
Dear Mr. Triable;
opllllon HO. o-ltw Be: ,Btlokers sttaohsd to offlola ballot Your request for an oplnlon has been neslrsd by ttds orflos.
.P Ws ~uots ?ra rour lettor:
*In tha general sahool board slootlon last spring in Texarkana a question arosa upon whloh sohool board dsalns to hare l drfoa. An op- position tlokst for asw Mhool board madora mm8 plaosd in tha rield after the offlola ballot h&d been olossd, tba board thinks In an lllsgal mnnsr. Upon the advice oi'attorneys, the board rsfussd to nprfnt ballot and to place on it tha samas of the aandldstea fra tha opposition party. The opposltlon then printed, m gummed strlpa of paper, the names of the three oandldstss whcm it -aa sup- portlq. The stlokers were offered leotlon $&488, but th e l leetiCin jUdgM rS$USSb, QD thS adrlos of oounssl, that suoh stlokers were not a part of the sleottos supplles legally and regularly furniahsd by the sahoal board. Tha oppoaltlon thas plaoeU mn outside OS the polls, who oiforsd sthk- ore to story rotor earning ,to the polls. Voters wem speoliloall~ lastruoted that thay uast not plaos the stlskers war the naaas on tpe oiilolal ballot, the lnstruotloa bcdng giiin by.tha workers oak tba acltslda of ths polls rho gars out *s stlokers. *2 Honorable T. Y. Triable, Jaauarr a6, 1939, me E The rotors were to14 to pasts the stlokors oa the o??lolal ballot, under the last mm on it, and then to oross out wlth load pea011 thm asmae o? all oandldates on o??lolsl ballot and loera uaaoratsRh4: tha name on the stlokers. These iastruotlons ware given in ~stall, both by olr- oulars prlatsd end 4letrlbuts4,~and br broadsast, as well as orally, by those worklag et the polls la interest OS tha opposltloa oaa414ate8.
The Sohool Boar4 o? Tsxarkana 4eslres to know whathor ballots aaat with tha stlokers.
,attaohsd wsre lagal ballots, and whether they 8hould ha- been omntsd by the election o??lslsls?"
Is rspl~ to rour uestloa, It la the opinion o? this o??iss, that ballots 4 th stio kers l ttqohed, as de- sorlbsd ln ymm latter, were not legal ballots, and sbauld mt ham bean sat&stad by the l leotlon o??lolal8.
Thls aplnlon Is bssed QII Article 2979, lZarlss4 Clvll Btatatss o? Texsa, whlOh rsads aa rollowe:
'I? a acalaes diea or 4oolines hla aaarinatloa aab the raoaaoy so orated shall have been illled, and such faota shall hare been 4~1~ aartl?lsd ls l ooordaaoe with the provlslons OS this titlo, the Beoretary of Stats or ocunty Judge,,as the ease may be, &all promptly aotl?~ the o??lolal boarll areatad by this law to ?urnl@~ sleotlon suppllas that sush raoanoy has oocurml 8nd the name' a? the new acrmi- me shall then be printed upon the o??lolal ballot, I? the ballots ars not lrea4y printed. f? suoh declination or death ooours after the ballots are printed, or due aotloe of the name of the sew acal- see Is reoelred l ?ter suoh printing, the o??lolal board ahargad with the duty OS iurnlshlng olsotloa supplies shall prepars as man@ pasters bearing the name o? the new nalnee as thera ra o??lolal baUot8, whloh shall ba pasted over the ssas of the former ncrmlase on the o??lolal ballot before th presldlng Judge of prsolaot indomes his name on the ballot for i4eat~?ioat~oa. Ao peetar shall *3 , I - ‘, .
P Honorable T. Y. Tribble, January Z6, 1939, Page 3
be used l xoapt a6 herein authorized. and if other- 0 oounted. Wp The atlokers used In this ease do not fall wlth- in the exorptlons herein uthorlsad.
Another pertinent Artlole whloh the laotlon ju4ges oould have taken advantage of, la Artfole SOO?, whioh reads 88 r0ii0w8:
*At either a general, speolal or pr5.mary eleo- tlon, any Judge my require a oltlzan to answer under oath betorr ha ssouras an of?lolal ballot whether he has been iurnlshed with any paper or ballot on whloh Is marked the names of sny one for whaa ha has agreed or prdsad rote or for whcm he has been requested to tote, or has suoh peper or marked ballot in his possesslcu, and he shall not be furnished with an or?loial ballot until ha has delivered to the Judp suoh marked ballot on paper, it he has one.” r Trusting that this answers rour question, ws
ramaia
Yours vary truly (signed) Claud C. Boothman BY
Assistant COB : GFS
AFFWVED :
(s1%%4 C Mann .
Al%RNgY CGXERbL OF TEXAS
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