Untitled Texas Attorney General Opinion

THE ATE-O OFTEXAS Honorable Sam Lee, opinion Ro. V-290 County Attorney, Brazoria Counts. Re: The liability of the Angleton, Texas- County to pay the ex- penses of road bond and local option elections e Dear Sir: We refer to your letter requesting an opinion of this Department, and which is substantially as fol- lows: On the 27th day of February, 1947, the CommlasionerelCourt ordered an election up- on a petition being filed and under the au- thority of any general or special law enacted pursuant to~section 52, Article III of the Constitution or the State of Texas. The election was duly held; the bond is- sue was defeated and the auditor of Brazoria County has been presented with a bill for the expenses of holding this election both as to the payment of election officials and for the payment of election supplies. Another election was duly ordered by the Commlasloners~ Court under the provisions of Chapter 16, general laws of the State of Tex- as, and the court ordered the election to be held and governed, though not by way of liti- tation, by Artioles 752-a, 752-w, 767-b and 767-a, V. C. S. The election was duly held and the bond issue was defeated. Both of said Road Districts lie wholly within Brazoria County but whose boundaries are not coextensive with those of said coun- ty. The Commissioners* Court has also called . Honorable Sam Lee, - Page 2 Opinion No. V-290 an electlon under the local option election law to detemne whether or not the sale of beer shall be legal in Justice of Peace Pre- cinct lo. 6 of BrazoMa County, Texas. ~1. Is the County of Brazorla liable for the payment Of the expenles incident to hold- ing the:-above stated bond elections or any prt9purtion thereor? 2. If the Cotmty of 3razorl.a is not lla- ble for- the payment of the costs and expenses of holdlngthe above stated bond elections, then whp is liable for the payment of the election expensea? Is the County of Brazorla liable for the p&m& of the expenses of holding the local option election to determine whether or not the sale of beer in Justice Precinct shall be legal? 4. If the County of Brazoria Is not ll& ble for the expenses of holding this local op- tion election to determine the legality of the sale of beer in~Precinct MO. 6 then who is liable for the payment of these election ex- penses? ~5. Can the Ccwndssioners * Court require the payment of a deposit upon the filing of the petition calling the above stated eleo- tions -- both bond elections and local option elections -- from the p8tition8re as in the water improvement elections under Article 7622B, Section 3, as aziendsd. 6. Would the opinfon you have given in answer to the above stated questions have been different If the elections had carried Instead of being defeated? Article 2943, V, C. S., provides a8 follows: “Judges and clerks of general and spe- cial elections shall be paid Five Dollars ($5sOO) a day each, and Fifty Cents (504) per hour each for any time in excess of a day’s work as herein defined. The judge who de- livers th8 retums of election iZZZ8diat8ly Honorable Sam L88, - Page 3 Opinion lo. V-290 after the v&es haye besn couutsd shall b6 paid Two Dollars ($2.00) for that ssrvl~e; provided, also, h8 shall make retums of all election atippliss not used when h8 makes re- turn of the eleotlon. Ten (10) working hours shall be conaldered a das with&ii th8 meaning 0r this Art.ticle. The cm8nsatfon 0r jUdU8S and el8rke 0r neneral end special 8~8Cti0n8 Shall b8 uaid by the Connt~Treas- urer ot%m wounty where sooh B8l’Vi:O88 are render@ up order, ot the Camait?slcIp8r~.* TEmpbaSiS.OzB) Article 2996, V. 0. S., is as follows: 'All expenass incurred In provldlng vot- ing booths, stationery, official ballota, woodsn,or-rubber stamps, tally shbets, poll- ing lists, instruction cards, ballot boxes, envelopes, sealing wax and all other Supplies required for cOIldUCting a g8ll8l'al or Specl&l election shall be paid for by the aounty, 8%- C8Pt.th8 cost 0r supplyfng booths tor cities. All accounts fm SU'&f8S furnished OF ser- vices r8ntired shall first be approved by the coznalssioners court, except the accounts for voting booth8 ror citi8s. Both elections referred to in your letter are special 8l8CtiOIis. It ie stated in 9 RuLIliQ CASE L&W, p. 978 that "Any electlon'vhioh is not regularly held for the slection~ of o~fricum or for ~8ome~ other purpose which shall c,cane before the electors at regular fixed lnter- vals is-a special elsction. It is stated in 20 CORPUSJURIS, p. 56 that 'A special election Is one provided for by law under special clrcnmstancss. It 18 an election held to aup- ply a vacancy in office before the expiration of the ruii term for which the Incumbent was elected, or an election at which scam question or proposition is sub- mitted to the Vot8 of the qualified el8CtOrs, or an election for some particular emergancy. . . i' Road Mstrlcts are Created by an election un- der authority of th8 Cozwlsslon8rst Court and are under the exclusive supervision of the ConmzLSsloners~ Courts ,, . Honorable Sam Lee, - Page 4 Opinion No. V-290 of their respwctlve counties. Article 2943, mipra, provides that the camp8nSation of j-88 and clerk8 of general and special elections shall be by the County Tr8aSUZWr of the county wh8re such service8 &re mn- dered, 'upon order of the Ccnmd&sionerst Court of such county~ anbtiicle 2996, aupra, provides that all ex- penses fnpr@zLd~ng voting booths and all tither mpplles required fork cnndtzctlng a general or special election shall be paid by the county except the cost of sup- plying booths for cities, upon being approved by county auditors. In view 0r the foregoing, it IS the opinion of this Department that the county Is liable for the payment of the expenses inCid8nt to holding the boiad elections under the related facts. Articles 2943 and 2996, V. C. S. Inasmuch as Question no. 1 is anSWered In the affirmative an answer to Question Ho. 2 ia un- necessary. Article 666-32, Penal Cods, atithorizes the CommlBsionersl Court ta order a local option election to detemlne whether or not the sale Of liquors shall be prohibited or legalized in its county. PUSIJant to this statute the Commlsslon8rst Court 0r Brazoria Coun- ty called such an election. By virtue of the same being a special election, and in visw of all the foregoing statutes pelatlve to special elections, It is the further opinion of' this Department that Question Ho. 3 is also answered in the affirmative. Since Question Bo. 3 Is answered in the affir- lllStiV8, W8 Shall OBl.tt El3lSWClriI@Question NO. 4. In the absence of statutory authority provld- ing for payment 0r a deposit upon the riling 0r the pe- tition, the CommLsslanersl Court cannot require such a deposit by the petitioners in bond and local option 818CtiOllB. By reason of the foregoing, it Is the further opinion of this Department that the county Is liable for the expenses in the holding of such 818CtiOnB, re- gardless of the result of the eleCtiOn. Honorable Sam L88, - Page 5 Oplnlon Ho. V-290 Braz6rfa County is liable for the 8x- penaes lncurmv d in holding bond elections and a loaal option eledtion vithln Said CSOUUty r8gardl8sti Or ths r8SUlt Of the electlons. (Art. 2943 and 2996, V.C.Si) fIl the abSeno8 Of authority, the ColmniB- Sioners' Coart may not r8qulre a deposit rrOIZ petitiOA8rS Upon filing a p8titiOn for Said 8leOtimS. V8ry trtl'ly yours, ATTORREXQE!RERALOFTRXAS BA:wb:sh:w m&8k Assistant