ON THE MERITS
In order to have his name appear on the ballot as an independent candidate, appellant Elmer Sparks was required to present a written application to the county judge, signed by a number of qualified voters equal to at least five percent of the total vote cast for governor in such county at the last preceding gubernatorial election. Art. 13.50(3). According to the record, the number of votes east for governor in Rains County at the last preceding gubernatorial election was 984. Five percent of this figure is 49.2. Therefore, appellant was required to obtain valid signatures from at least 50 qualified voters of Rains County to become eligible as an independent candidate for the general election.
The application of appellant Sparks purported to contain the valid signatures of 56 qualified voters of Rains County. The district court found that ten of these were invalid, for various reasons discussed below, thereby reducing the number of valid signatures to 46, which number is less than the required minimum of 50. Accordingly, the district court issued an injunction to prevent the county clerk from placing Sparks’ name on the official ballot.
The provisions of the Election Code relied upon by the district court to invalidate these ten signatures, in pertinent part, are as follows:
Article 13.50(4) “... No person shall sign such application unless he is a qualified voter, and no person who has voted at either the general primary election or the runoff primary election of any party shall sign an application in favor of anyone for an office for which a nomination was made at either such primary election... "
Article 13.50(5) “In addition to the person's signature, the application shall show each signer’s address, the number of his voter registration certificate, and the date of signing.”
Article 1.01a(46) “Qualified voter or qualified elector means a person who meets all qualifications and requirements for voting as prescribed in Section 34 of this code (Article 5.02, Vernon’s Texas Election Code).”
Article 5.02(a) “Every person subject to none of the foregoing disqualifications, who is a citizen of the United States and a resident of this state and is eighteen years of age or older, and who has complied with the registration requirements of this code, is a qualified voter ...” Article 5.13a(4) “A registration becomes effective on the 30th day after the date on which the registrar receives the application or on the day that the registrant attains the age of 18 years (the day before his 18th birthday), whichever is later ...” (Emphasis added.)
The courts of this state have consistently required that candidates comply strictly with all statutory requirements in order to have their names placed on a ballot. Brown v. Walker, 377 S.W.2d 630, 632 (Tex.1974); Shields v. Upham, supra at 503; Geiger v. DeBusk, supra at 439.
In the Brown case a $50.00 assessment was paid by sending it to the county chairman by first-class United States mail, rather than by registered or certified mail as required by the statute. Even though the money was timely deposited and duly re*717ceived, the supreme court concluded that strict compliance was necessary and denied the incumbent district attorney a place on the ballot.
In Shields the court had before it a nominating petition for a candidate. Of the 211 voters signing the petition, only seven complied with the statutory requirement that they identify the city in which their residence was located. The court, citing Geiger and Brown, held that strict compliance with the statute was required, and that the petition did not comply with the statutory requirements. Therefore, the court denied the candidate’s motion for writ of mandamus to require the appropriate official to place his name upon the ballot.
Likewise, in the Geiger case the court considered a nominating petition which was not verified by affidavit as required by Article 13.08(d) of the code. In ordering the candidate’s name deleted from the ballot for failure to comply with the statute, the court held that the clear and specific directions in the statute as to verification are mandatory and not directory. Hence, a candidate must strictly comply with these provisions. The provisions of the election laws relating to voters are construed as directory while those governing candidates are mandatory; the right to vote is a fundamental right, whereas the right to hold office is in the nature of a privilege. See McWaters v. Tucker, 249 S.W.2d 80 at 82 (Tex.Civ.App.-Galveston 1952, no writ).
In the instant case the district court held four of the signatures invalid, because they were not the signatures of the voters themselves. Appellants contend that the persons signing the voters’ names did so as agents. The Texas Election Code does not authorize a person to act as the agent of another in signing an Chapter 13 petition. In the first place Article 13.50(5) speaks of the person’s signature, and requires that person’s address and registration certificate number. Secondly, the petition is essentially a substitute for a primary election. Each person signing the petition is in effect casting a vote for the person whose name appears on the petition as a candidate for the public office. Just as a person could not act as an agent for another in casting a vote in a primary election, the signature on the petition is personal and not delegable. The only article we find in the Texas Election Code which authorizes a person to act as an agent for another is Art. 5.13a which deals with applications for voter registration certificates. In view of the requirement of strict compliance by candidates mandated by our supreme court, it is our opinion that to allow a person to sign an Chapter 13 petition as agent for another would stretch the provisions of the Election Code beyond permissible boundaries.
Two of the signatures in the instant case were held invalid because these voters had either voted in the Democratic Primary or the Democratic Primary Runoff elections. These signatures were invalid under Art. 13.50(4), supra. Appellant contends that one of these signatures, that of Dora Adair, is valid because she voted only in the runoff. There was no runoff for the office of county judge at said runoff election. As authority for this contention appellant cites Weatherly v. Fulgham, 153 Tex. 481, 271 S.W.2d 938 (1954). In that case the democratic candidate for district attorney had won a clear majority in the first primary, and thus the runoff primary had no bearing on that nomination. The supreme court held that persons who voted only in the runoff election could validly sign a nominating petition of an independent candidate for the same office. Art. 13.50, at that time, provided as follows: “. . . no person who has voted at a primary election shall sign an application in favor of anyone for an office for which a nomination was made at such primary election.” However, Art. 13.50 was amended in 1963 and the amended version is set out above in this opinion. This amendment provides that no person who voted in either the general primary or the runoff primary shall sign an application in favor of a candidate for an office for which a nomination was made at either such primary election. The clear language of the statute permits no construction *718which would validate Dora Adair’s signature.
Two more signatures in this case were held invalid because these persons were not registered voters of Rains County when they signed appellant’s petition, and no voter registration certificate number accompanied these signatures on the petition. Since Art. 13.50(4) requires signatures of qualified voters, and Art. 13.50(5) specifically requires a voter registration certificate number, the requirements of the statute have not been met. In light of the decision in Shields v. Upham, supra at 504, these two signatures are invalid. Since strict compliance with the Election Code is required of a candidate, the eight signatures heretofore discussed must be disregarded in considering whether appellant has obtained the required number of valid signatures to secure for himself a place on the official ballot.
The last two signatures, those of Betty Sullivan and Cara Wallace, were held invalid solely because their voter registration certificates had not yet become effective, as provided in Article 5.13a(4), supra. Although these two persons would not have been qualified to vote in July, the month the petition was signed, their registration certificates became effective on August 1 and 2, respectively. Article 13.51 requires that the signer of such a petition state “. . . I am a qualified voter at the next general election . . . . ” These two persons would be qualified to vote at the next general election in November. Although we believe the trial court erred in holding these two signatures invalid, such action by the court was immaterial as reflected above.
In an appeal from an order granting or denying a temporary injunction the appellate court is limited to determining whether there has been a clear abuse of discretion in granting or denying the interlocutory order. Davis v. Huey, 571 S.W.2d 859, 861-2 (Tex.1978); State v. Southwestern Bell Telephone Co., 526 S.W.2d 526, 528 (Tex.1975); Anderson County Taxpayers v. City of Palestine, 576 S.W.2d 679, 682 (Tex.Civ.App.—Tyler 1979, no writ). Having reviewed the record before us, we are of the opinion that the trial court did not abuse its discretion in granting appellee’s application for a temporary injunction. Although the trial court’s judgment also granted the issuance of a writ of mandamus, we believe the issuance of such writ was a duplication of the injunctive relief already granted and not necessary to the disposition of the case.
Judgment of the trial court is affirmed. In view of the fact that ballots for the general election must be printed before the statutory deadline, no motion for rehearing will be entertained.