THEAXTORNEY GENERAL
OFTEXAS
GROVER SELLERS AUSTIN~LTEXAR
BON
A'IT‘,I+NP,Y GENERAL
Hon. L. D. Gr~iffln
County Attorney
Jim Wells County
Alice, Texas
Dear Sir: Opinion No. O-7358
Re: Time limit in which an inde-
pendent candidate may have his
name placed upon the official
ballot for the general election
where the first primary was de-
clared void.
Your letters of September 13th and September 19th re-
questing the opinion of this department have been received.
The questions stated therein are as follows:
"(1) May a candidate have his name placed
upon the Offlclal Ballot as an Independent candi-
date for the office of SherTff by complyingwith
the terms of Articles 3159 and 3162 more than
thirty (30) days after the General Primary where
the nomination for said office was declared void
by~the District Court and where there was no
second primary conducted for the nomination for
Sheriff?
"(2) Should the foregoing be answered in the
affirmative, then is such candidate barred from
having his name placed on the official ballot by
petition, if he has participated as a voter in the
Primary Xlectlon that was held void by the District
Court?
"(3) Are either of the candidates who partlci-
pated in the Primary Election that was d,eclaredvoid,
barred from having their names placed on the official
ballot for Independent candidate by reason of the
fact that he was a candidate for the nomination in
the Democratic Primary for the office of sheriff?"
There was but one primary in Jim Wells County as far
as the Democratic nomination for sheriff was concerned, so it
Hon. L. D. Griffin - page 2 O-7358
necessarily follows that the thirty (30) days must be dated
from the general primary election day which would require an
independent candidate to file his application by the 26th day
of August, 1946.
Because we have answered your first question in the
negative, there is no need to answer your second and third
questions.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By sk Jno. Cam;
Rnorpp
Assistant
JCK:djm;djm;wc
Approved Oct. 7, 1946
Harris Toler
First Assistant
Attorney General
This opinion considered and approved In limited conference.
Approved: Opinion Committee By bwb Chairman
Untitled Texas Attorney General Opinion
Combined Opinion