June 4, 1970
Honorable Oscar B. McInnis Opinion No. M-646
Criminal District Attorney
Hidaloo Countv Courthouse Re: Nominations bv a new
Edinbcrg, TexHs 78539 political party of
candidates for county
and precinct offices
Dear Mr. McInnis: only.
Your request for an opinion on the above subject
matter asks whether an application by the Raza Unida Party
(a new political party in Hidalgo County1 requesting that
names be placed on the November, 1970, general election
ballot could be legally refiled under the facts submitted.
Your request states the following facts:
"An application by the Raza Unida Party
was submitted to Judge Richardson on January
29, 1970, requesting that the nominees of
that party be placed on the November election
ballot, This application contained the re-
quested number of signatures under Article
13.54 of the Texas Election Code. It appeared
later that this application was prematurely
signed and filed since it was filed before the
current voting year, Thereafter on May 1, 1970,
the Raza Unida Party, with consent of the County
Judge, withdrew the application and immediately
attempted to refile the same~ It was left with
the County Judge who has neither accepted nor
rejected the refiling; This application, of
course, was not signed during the current vot-
ing year.
,I II
In Attorney General's Opinion M-621 :1970!, this
office he,ld:
"Applications to have the nominations of a
new political party, without a State organization,
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Hon. Oscar B. McInnis, page 2 ,M-6461
placed on the official ballot at the general
election may be filed with the county judge prior
to the county primary convention of such new
political party, provided it is filed during
the voting year the nominations are made. If
such application is signed and sworn to, the
provisions of Article 13:54 of the Texas
Election Code are complied with, A person
who signs and files the written application
provided in Article 13;54 of the Texas Election
Code during the current voting year (March 1
1970 through February 28: 19711 may not partici-
pate 'n the primary election or party conven-
tion of another political ?arty during that
voting year, A person who participates in the
Democratic or Republican primary election is
not eligible to sign and file an application
for a new poiit:cai pazty"s nominees to be
placed on the general election ballot in
November during the current voting year
(March 1, 1970 through February 28, 1971)."
It was f-urther concluded in Att'orney General's
Opinion M-625 that the filrng G_F the application with the
county judqe canstitures an zntegra- step In the new party's
nomination 3f c,zndidazes and that rhe s:qninq of such ap-
plication constlcuzes par::clparion rn the party's primary
convention ALSO. Chls office therein held that the ap-
plication must be flied d-:rznq the vctinq year the nomina-
tions are made~ :t 1s, the::efcse out opinion that in order
for the names of the nsm;nees of a new political party with-
out a State orqsnlzarion to be printed on the official ballot
for the general election to be held in November, 1970, the
application must be signed and filed during the current voting
year /March 1, 19'0 thrzuqh Pebzuary 28, 19711, Your request
states that the application was CO? s:gned during the current
voting year,
Consequentiy. you are advised that the appiication
outlined in yo':?~tequest dces n,ot satisfy the requirements
of Article 13.;4 z< -he 'TestisElect;sn C=de f,cr the reason
that the same WCS ?c: signed du~:,ng the c~irrent vszinq year,
S'J MMA R Y
---
Under the facts submitted, an applicat~ion
for a new political party's nominees to be placed
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.
Hon. Oscar B. McInnis, page 3 (M-646)
on the general election ballot in November,
1970, does not comply with the provisions of
Article 13.54, Texas Election Code, since such
application was not signed during the current
voting year (March 1, 1970 through February 28,
1971).
Very truly yours,
C. MARTIN
General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Jack Sparks
Bob Lattimore
Rex White
Howard Fender
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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