Untitled Texas Attorney General Opinion

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