839
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
county Attorney
San saba county
San Saba, Texas
Dear Mr. Valtsrs,
o have his nap
is&al ballot as a
to: trustee shall at lead
efore eleotion file a writ-
uest ulth the County Judge of
ty ia vhioh std.&distriot is
looabe&, requesting that his name bo
,plaoed on the offi&&l ballot, eto,
azxlfurther providing that fire oc
more resident qualified toters in the
diotriot xiy request that certain nnms
be pri.nteclr The County Judge, upon re-
Oelpt of suah written request, sab at
Honorable G. A; Valters - page 2
least five days before the election,
shall have the ballots printed, as po-
vided in this act, placiug on the bal-
lot the uame of oath candidate oh0 has
colnpliedwith the terms 'ofthis act,
etc.
SThe Count7 Judge wants to huor
whether or hot this act applies where
there are RIOI-8than 500 scholastios,
etc, aa 1s the Case in the Sau Saba In-
depeudent &hoe1 Dlmtrict.m
Article 2746a, Vernon*8 Revised Civil Statutaa,
so far as pertinent here, reads as follows8
*All of the ballots for the election
of o school trustee in comamu school dla-
tricta aud in Dependent school districts
having fewer than five hundred (000)
scholasticsa8 shown b7 the last pcecedlug
soholastlc census roll approved by the
State Departmsentof S&&cation ami exclu-
sive of transfers shall be printed d&h
black ink on clear white paper, of suffi-
oient thickmess to prevent the marks there-
on being scan through the paper, and be of
mtform style aud dimenslon~ at the top of
tho ballot there shall be printed *Official
Ballot, Indoperdent School Dis-
trict,' ‘t;knumber oi'name of the school
district iz which tho election is to be
held to be filled in by the Judge of the
county wheu he orders the ballots prlntecj.
Any person desiring to have his name placed
on eald official ballot, as a caMlzLdatefor
tho office of trustee of a~comnon school
district or of au iudepenient school d&3-
trict as herein provided shall, at lesst
ten daye before said election, file a vrit-
ten request with the county judge of the
county in which said district is located,
requesting that his nanv be placed on the
official ballot, and no candldato shall
have his naueprinted on said ballot un-
loss he has con~pliedwit&the pwisions
of this Act. , ~xwlded that five or more
841
Eonorablo ii.A. Valters - pags 3
resident qualified rotors ia the die-
trict my request that oertaio name
be @.nted. .Thecounty &d&e, upon
mooipt of such vrittun requsat, and
at Mast five days bGicw3 t&B elactlon,
shall hare the ballots pcfnted as po-
tidedilltbioAot,pl on the bal-
lot the name4of oath tevhOhas
oomplied vith the tams of thlo Act,
and dolive? sjenfflcient aumrberof
gclntalballoto and amOunt of supplies
neoeesary for euch election to the pre-
piding offioer Of the 0leOtion at lea&
one day before said efection is to be
held, said election supplfes, ballots,
boxes, a@ tally sheets to be delimxwd
by the county judge by n&l or in &my
other ranner by h3.mdeemed beat, to the
presiding officer of said electloo in
sealed envelopes which aball not be
opened by the election ofpicer until
the day of the elsotion. * 9~+w
It Is thus 98011the authority of the,County Judge
vlth respect to the ord8rinin, - and holding of the election of
tNSt0W is limitad to comeron80h001 dfmtrlcts and independ-
ent school dlstrlcts haring fwaer than So0 scholastics,as
ahwn by the lad praoeding scholastic c%nsus roll, ap~oved
by the State Depq%sxit Of IfduoatfOn.Uherc;rs,in Other die-
trlcts, the Board Of TNstees has such authority. (drtiCle
2748, Vernon~s Civil Statutes).
The rieva bore exproosed we clearly implied in
onr Opinion X0, 0-Sm.
Tours vary truly
ATTORYl3TB- OF T
BY
OS-&R