THE ATTORNEY GENERAL
OF -XAS
WILL WILSON
A-RNEY GENERAL
July 2, 1962
Honorable J. W. Edgar Opinion No. WW-1371
Commissioner of Education
Texas Education Agency Re: Whether it is legally
Austin, Texas possible for a school
district board to set
the filing deadline for
school trustee elections
at 4:30 p.m. rather than
Dear Dr. Edgar: at midnight.
You request the opinion of this office on the following
question: May the board of an Independent school district.set
the filing deadline for a school trustee election pursuant to
Article 2745c, Vernon's Civil Statutes, at 4130 p.m. of the
last day of the filing period?
Section 1 of Article 2745c, Vernon's Civil Statutes, in
part provides:
"In all elections for the office of
county school trustee ortrustee of any
school district, however created or desig-
nated, the applications of candidates for
a place on the ballot shall be filed not
less than thirty (30) days prior to the day
of the election and the ballots shall be
printed not less than twenty (20) days
prior to the day of the elec.tion. . . ."
Statutory provisions fixing the time for the filing of
applications are mandatory. The general rule is that an instru-
ment is not "filed" until it is delivered to the proper officer.
See Attorne General's Opinion WW-75, citing Burroughs v. Lyles,
142 Tex. 70E 181 S.W.2d 570 (1944) and Mc~Watersv. Tucker, 249
S.W.2d 80 (C:v.Anp. 1952).
Article 4.10 of the Texas Election Code, in reference to
the filing of an application provides: "Such application must be
filed not later than thirty (30) days before any such special
election. . . .(l
This provision of Article 4.10 was held to fix midnight
of the 31st day preceding the election (not counting the day of
the election) as the deadline for candidates to file for a place
on the ballot. Attorney General's Opinions ~~-38, ~~-46. Be-
cause the language of Article 4.10 of the Election Code, in this
Hon. J. W. Edgar, page 2 (WW-1371)
respect, is identical for all practical purposes with the language
fixing the time for filing application for a place on the ballot
in Article 2745c, we hold in this opinion that the above nuoted
part of Article 2745~ fixes midnight of the 31st day preceding
the election as the deadline for candidates to file for a place
on the ballot for the office of county school trustee or trustee
of any school district. We also hold that the provision fixing
the filing deadline is mandatory. Attorney General's Opinions
~-1164, O-2298, O-2486, O-4455 and NW-75 also support the above
conclusion.
SUMMARY
Application for a candidate to file
for a place on the ballot in an election
for the office of county school trustee
or trustee of any school district pursuant
to Article 27&c, Vernon's Civil Statutes,
must be filed not later than midnight of
the 31st day preceding the election (not
counting the day of election). This re-
quirement is mandatory.
Yours very truly,
WILL WILSON
Attorney General of Texas
BY
F. R. Booth f
FRB:ms Assistant
APPROVED:
OPINION COMMITTEE
W. V.~ Geppert, Chairman
Pat Bailey
C. J. Taylor
Coleman Gay
Riley Eugene Fletcher
REVIEWED FOR THE ATTORNEY GENERAL
By: Leonard Passmore