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THEAYTORNEYGENERAL
OF’ TEXAS
July 18, 1962
Honorable Glendon Roberts Opinion No.,WW-1386
County Attorney
Bandera County Re: Whether independent can-
?. 0. Box 446 didates for the office of
Bandera, Texas County Tax Assessor-
Collector of Bandera County,
which county has less than
10,000 inhabitants, and
which separate office of
Tax Assessor-Collector has
been created by special
election under Art. 1903,
V.C.S., must cornly with
Sec. 3, Art. 13.t i'a,Elec-
tion Code, providing for
an affidavit of intention
Dear Mr. Roberts: to run.
Your letter requesting an opinion reads in part as follows:
"The Commissioners Court of Bandera
County, Texas, called a special elec-
tion for May 5, 1962, for the purpose
of submitting to the qualified property
tax paying voters of such county the
question of adding an Assessor-Collector
of Taxes to the list of authorized county
officials. At such election the majority
of the property tax paying voters voted
in favor of adding such Assessor-Collector
of Taxes to the list of authorized county
officials."
Prior to the special election in Bandera County, held on
May 5, 1962, the Sheriff of Bandera County was ex-officio Tax
Assessor-Collector, as provided by Section 16, Art. VIII, Texas
Constitution. As authorized by Sec. 16a, Art. VIII of such
Constitution, the Commissioners Court called the special elec-
tion of May 5, 1962, which resulted in the separation of the
offices of Sheriff and Tax Assessor-Collector. This office
held in Opinion No. WW-1292 that whoever was elected as Tax
Assessor-Collector of Bandera County at the General Election
of November, 1962, would only serve until December 31, 1964,
and the Tax Assessor-Collector of Bandera County elected at
Honorable Glendon Roberts, page 2 Opinion No. W-1386
the General Election of November, 1964, and thereafter, would
serve for full four year terms. The separate office of Tax
Assessor-Collector of Bandera County did not come into existence
until after the votes were canvassed for the special election
of May 5, 1962. Certain candidates for the office are running
as independent candidates by petition as provided for in Articles
13.50 to 13.53, inclusive, Election Code. These can&dates
were unable to comply with Sec. 3, Art. 13.47a, Election Code,
which provides for independent candidates to file an affidavit
of intention to run as independent candidates with the County
Judge on or before the fdrst Monday in February of the election
year, since the separate offtce of Tax Assessor-Collector of
Bandera County did not exist on the first Monday of February,
1962.
You have asked the following question:
"The question arises as to whether or
not the proposed candidates can have their
names printed on the official ballot as
independent candidates for said office for
the general election?"
Tnis office recently held in Opinion No. WW-1377 that where
a county or precinct office is to be filled at the General Elec-
tion for a full f,ouryear term, an independent candidate must
have filed his affidavit of intention to run for such office
with the County Judge on or before the first Monday in February
of the election year, in order to have his name printed on the
General Election ballot, as required by Sec. 3, Art. 13.47a,
Election Code. But Sec. 3, Art. 13.47a, Election Code provides
for such affidavit to be filed on or before the first Monday
in February of the election year only in those cases where it
is known at that time that there is an office to be filled by
the voters at the next General Election for a full term. Sec.
4, Art. 13.&7a, Election Code provides that in elections to
fill unexpired terms, the affidavit will not be required unless
the vacancy in office occurred prior to the tenth day preceding
the first day of February in the election year.
Obviously, neither Sec. 3 nor Sec. 4 of Art. 13.47a, Elec-
tion Code is applicable to your situation. On the first Monday
in February of the present election year (February 5, 1962) the
separate office of Tax Assessor-Collector of Bandera County did
not even exist, and no one could predict whether or not the
Commissioners Court would call such an election, or if held,
what the outcome would be. Such office did n# come into exis-
ten:e until the votes were canvassed after the special election
was held on May 5, 1962. We hold, therefore, that independent
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Honorable Glendon Roberts, page 3 Opinion No. WW-1386
candidates for the office of Tax Assessor-Collector of Bandera
County may have their names printed on the ballot for the Gene-
ral Election of November, 1962, by complying with the provisions
of Arts, 13.50 to 13.53, inclusive, Election Code, governing
the filing of independent candidates, plus the requirements
of Art. 6.02. Election Code. which reauires a loyalty affida-
vit from any-and all candidates. -
SUMMARY
Sec. 3, Art. 13.47a, Election Code, which
requires an affidavit of intention to run to be
filed by independent candidates on or before the
first Monday in February of the election year,
is not applicable to independent candidates in
the General Election to fill the separate office
of County Tax Assessor-Collector, which office
was created by special election held in May of
the election year in a county with less than
10,000 inhabitants, under the provisions of
Art. 1903, V.C.S., since the separate office
of Tax Assessor-Collector did not exist in
such county on the first Monday in February
of the election year, in order for independent
candidates to declare their intention to run
therefor.
Independent candidates for the office of
County Tax Assessor-Collector of Bandera County
may have their names printed on the ballot for
the General Election of November, 1962, by com-
plying with the provisions of Arts. 13.50 to
13.53, inclusive, Election Code, governing the
filing of independent candidates, plus the re-
quirements of Art. 6.02, Election Code, which
requires a loyalty affidavit from any and all
candidates.
Yours very truly,
WILL WILSON
Attorney General of Texas
Riley Eugene Fletcher
Assistant
REF:rk
* ,. 1
Honorable~Glend)n Roberts, page 4 Opinion No. WW-1386
APPROVED:
OPINION COMMITTEE
W. V. Geppert, 'Chairman
Robert Lewis
W. 0. Shultz
Coleman Gay
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore