EA ORNEY GENERAL
0~ TEXAS
March 11, 1957.
Honorable R. H. Wellborn OPINION NO. w-55
County Attorney
Ruek County RE: Can a County Commlssioners~
Henderson, Texas. Court dispense with the use
of votlng~machlnes in a
special election after the
Court has adopted the use
of voting machines In the
county under the provisions
of Article 7.14, Section 3,
Vernon’s CivFl Statutes,
Dear Mr. Wellbornr Election Code?
This opinion Is In response to your, letter of February
In which you pose a question which is substantially as
May the County Commissioners1 Court of Rusk
County dispense with the use of voting machines
in a forthcoming Speolal Senatorial Election, and
use’ “paper” ballots Instead, where the Court had
prevlously adopted the use of voting machines as
provided for by Statute?
Article 7.14, Section 3 of Vernon’s Civil Statutes,
Election Code, reads in part:
“The Commissioners’ Court of any county in the
State of Texas may adopt for use in elections and
primary electlons’ln at least three (3) of the
larger voting precincts in voting strength in said
county, any kind of voting machine approved by the
Secretary of State and may adopt such voting machine
at anv time for use in such additional votinn ore-
cincts in the county as It may deem advlsable,‘and
thereupon such voting machine shall be u8ed at ang
and all elections and primary elections, municipal,
county, district, or state held In that county or
any part thereof. . . .“.(Eniphasis Ours).
Hon. H. B. Wellborn, Page 2, NW-551
On the basis of the foregoing statute, the Commissioners1
Court of Rusk County is not authorized to dispense with the use
of voting machines at the forthcoming epeclal Senatorial election
and use paper ballots in lieu thereof. However, the Commisalon-
ers’ Court would have authority to rescind its previous order
adopting ,voting machines Andythereafter paper ballots could be
used at all special, primary, and general elections held In Rusk
County.
SUMMARY
The use of voting machines may not be dispensed
with in the forthcoming special Senatorial
elections unless the Commlseionera~ Court has
entered an order rescinding its previous order
QI?OvidMg for use of voting machines at all
elections in the County.
Yours very truly,
WILL WIISOR~
Attorney Qeneral
C. Rivers, Jr,
WCRrztrrh
APPROVED:
OPIRIOH COMMITTEE
By Grady Chandler
Chairman