THE ATTORNEY GENERAL
Honorable Fred L. Blundell
District Attorney
22nd Judicial District
Lockhart, Texas
Dear Sir: Opinion NO. o-6251
Re: The use of pasters or stickers
on ballots in the general elec-
tion under the facts stated.
Your letter of September 27, 1944, requesting the
opinion of this department on the questions stated therein,
is in part, as follows:
"Our County Judge, M.O. Flowers, recently
died, after having been elected as the Democratic
Nominee for the next term. The Democratic Com-
mittee met, but failed to certify a name to be
placed on the ballot as the Democratic nominee;
so a write-in campaign will be conducted for the
office in the General Election on November 7th.
"The question has been brought up as to
whether OP not it would be legal for a candidate
to distribute gummed strips of paper, with his
name printed thereon, to be pasted on the ballot
when the voter casts his ballot, instead of writ-
in the name of the candidate on the ballot.'!
Generally speaking as stated in Corpus Juris Secundum.
vol. 29, P. 262;
'In some jurisdictions, statutes barring the
use of stickers or pasters on ballots have been
sustained; and, under some provisions, the placing
by a voter on a ballot of a paster OP sticker with
the name of the candidate written or printed there-
on rendered invalid the ballot or the vote attempted
to be so cast; but under other statutes the elec-
tors may use printed pasters for the insertion of
names not on the ballot instead of writing them in
the space reserved for their reception, although in
some jurisdictions the use of pasters is authorized
only in case of removal, death, or resignation of
Honorable Fred L. Blundell, page 2 o-6251
the candidate after printing of the ballots.
"Pasters substantially conforming to statutory
requirements are sufficient, but ballots containing
stickers on which the name of the candidate is var-
iously and substantially misspelled cannot be
credited to such candidate; and a sticker which
is so noticeably different in color from the bal-
lot that it can be seen through the paper cannot
be used.
"Stickers or pasters must be used In the
manner and in such places on the ballot as may be
prescribed by statute, but mlnor departures from
the terms of the statute, where there has been
substantial compliance and the intent of the voter
can be asr;ertained,do not invalidate the ballot.
. 0 e . 0
Article 2979, Vernon's Annotated Civil Statutes, pro-
vides:
"If a nominee dies or declines his nomination,
and the vacancy so created shall have been filled,
and such facts shall have been duly certified in
accordance with the provisions of this title, the
Secretary of State or county judge, as the case may
be, shall promptly notify the official board created
by this law to furnish election supplies that such
vacancy has occurred and the name of the new nominee
shall then be printed upon the official ballot, if
the ballots are not already printed. If such decli-~
nation or death occurs after the ballots are printed,
OP due notice of the name of the new nominee is
received after such printing, the official board
charged with the duty of furnishing election supplies
shall prepare as many pasters bearing the name of
the new nominee as there are official ballots, which
shall be pasted over the name of the former nominee
on the official ballot before the presiding judge of
the precinct irdorses his name on the bellot for
identification, No paster shall be used except as
herein authorized, and if otherwise used the names
pasted shall not be counted."
The foregoing statute is the only one we have been able
to find authorizing the use of pasters and such statute pre-
scribes the manner in which the pasters shall be used. It.fur-
Honorable Fred L. Blundell, page 3 o-6251
ther provides that no pasters shall be used except as authorized
by said statute, and if otherwise used the names pasted shall
not be counted. Under the facts stated in your letter it is
clear that the foregoing statute does not authorize the use of
pasters under said facts and circumstances presented in your
inquiry. Therefore, it is our opinion that pasters delivered
by a candidate with his name printed thereon cannot be legally
pasted on the ballot where the voter casts his ballot, instead
of writing the name of the candidate on the ballot. Stated
differently if the voter desires to vote for the candidate in
question he may do so only by writing his name in on the bal-
lot.
In connection with the foregoing statement we direct
your attention to Articles 2978, 2981 and 3009, Vernon's Anno-
tated Civil Statutes.
This department held in an opinion written July 2, 1936,
Vol. 372, P. 518, Letter Opinions of the Attorney General's
Office, that the candidate for constable who failed to make ap-
plication~within the time required by law to have his name placed
on the ticket may nevertheless have his name written on the bal-
lo,tby each individual voter, but it may not be stamped on the
ballot with the rubber stamp. This opinion, we believe, supports
our answer to your question.
Summriz~iIg, you are advised, that pasters n?ustbe used
in the manner and in such places on the ballot es may be pre-
scribed by the statu,tesand that our statutes do not authorize
the use of pasters under the facts and circumstances under con-
sideration.
'Yoursvery truiy,
ATTORNEY GENERAL OF TEXAS
AW:fo:wc BY s/Ardell Williams
Ardell Williams
APPROVED CCT 10, 194" Assistsnt
s/:GroverSellers
ATTORNEY ';EKERALOF TFYJS
Approved Opir,ionCommittee Fy--.,__
s/BWB Chairmen