’- 769
OFFICE OF THE ATTORNEY 'GENERAL OF TEXAS
'.
AUSTIN
Q-CM&lad .
li--
Eonorable Warren LIoDoneld
County Attorney
slcith County
Tyler8 Taxas
Desr Sir;
st, but not e
mason of a mm-
in votes for
tes, c;ay be ,de-
ed, or whether
election is neces-
e the County Execu-
~mi.ttse has providea
ination of county ana
t officora by a EaJor-
.I
the only other
candidate for said office printed on the bal-
lot, but C, nhoso nsze was not printed on the
ballot, received tvi0 votes as a Write inn
candidate, is it necesssry for.A an8 D to have
a run-off election?"
/
.
i >
I Honorable warren WXMxald, page 2
‘,
Youstate in your letter that the County Rmecu-
tlve Committee, prior to the tirst primary, has provided
ror nomination ror county and preolnct orricers by a m-
jorlty vote in accordance with Article 3106, Revised civil ’ .s.
Statutes, 1925, which provides that, F.
.fm
2, .
‘The County EXeCUtiVe Committee shall de-
aide whether the nomination of county CffLcers
’ shall be by majority or plurality vote, and,
.if by a majority vote, the CommSttee shall cell
as many eleotlons a8 may be necessary to make
such nomination . , ,*
The San Antonio court of civil Appeals In the
oaae of P7agnervs. Yates 119 s. w. (2a) 115, in oonstru-
lng this 0tatute deolaredi
AIt is olear that where the. Exeoutfve Com-
mlttce, at the proper time and prior to the
rirst primary, provides for the nomtnation of
oounty ana precinct officers by majority vote
(Art, 1306, R. S. 1925), no person can be de-
clared to be the nominee or hlo party for a
county or precinct office unless that person
receives e majorfty or the votes in the first
primary.”
The oases of Dunaganvs. Jones, 76 S. PJ. (20) 219,
and Cunninghamvs. McDeraett, 277 S. Pi. .218,very olenrly es-
tablish the principle that v{rite-in votes for candidates
whose names do not appear on the offioial ballot are of equal
. dignity with votes for candidates whose names were printed on
the ballot $,n the first prtiary or general eleotion.
Applying the rules announced in the foregoing. oaees
to the faot situation presented in your request, we are 0t the
Opinion that it vrill be necessary to hold a run-ofr election
to Select the dec;cCratiC nominee for the office of Justice or
the Peace, inasmuch as no cendldate for said orfice received
a majority at the general primary election.
we vfish t0 express our sincere appreciatLon ror
the excellent brief submitt.ed by you nlth your =quOSt, wtdOh
..
%onorable Warren UaDonald, Page 3
has beon of mterlal asr;istanoe to us.
Yours very truly ,.--
e.:.
WRK:etT
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