Han, Wayne L. Hartman Opinion No. O-7253
County Attorney
Dewitt County Re: Interpretation of Articles 3111
Cuero, Texas and 3112 of Vernon’s Annotated
Civil Statutes
Dear Sir:
owe have received your request for our opinion on the here-
inabove captioned matter and we quote from your letter ss follows:
“I am writing you to respectfully request an opin-
ion from your office on a question arising out of the follow-
ing set of facts:
“Dewitt County comprises the bath Representative
District of Texas, and is the only county in said District.
There is, therefore. no District Democratic Executive Com-
mittee for said District, but there is a County Democratic
Executive Committee.
“On May 22nd. 1946, Mr. Louis A. Path, of Yoakum,
Dewitt County, Texas, Chairman of the Democratic Execu-
tive Committee of Dewitt County, Texas, received through
the mails a written letter, signed by Mr. W, L. Schorlemer,
who resides in Yorktown, Dewitt County, Texas, requesting
that his name be placed on the official ballot of said county
as a candidate for the office of State Representative from
Dewitt County. This written request was neither acknow-
ledged nor sworn to by Mra Schorlemer., and was contained
in an envelope which had been registered in the mails with
retur’n receipt requested. The written request itself was
dated May 20th, 1946, but the envelope bore a Yoakum post-
mark dated May 21st, 1946. This was the only postmark on
the envelope. According to employees in the Yoakum Post
Office, the envelope bearing the request was not received in
said Post Office until May 21st, 1946, and an attempted de-
livery was made on that date, but Mr. Poth could not be locat-
ed. Thereafter, on May 22nd, 1946, the envelope and request
were finally delivered to Mr. Poth and the return receipt was
executed.
“‘Prior to these transactions, Mr, John J. Bell of Cuero,
‘Dewitt County, Texas, had filed his duly acknowledged request
as a candidate for the same office with Mr. Poth on May 20th,
h
1
Hon. Wayne L. Hartman. page 2 (O-7253)
1946. by handing it to him personally.
“There are two primary issues on which I am seek-
ing clarification:
“1. Was the written request of Mr. W. L. Schorlemer
legally sufficient although not acknowledged or sworn to be-
fore an officer qualified to take acknowledgements or oaths.
“2. Was the written request of Mr. W. L. Schorlemer
filed in time to authorize the Dewitt County Democratic Exe-
cutive Committee to place his name on the official ballot as a
candidate for the office of State Representative from Dewitt
County. Texas.
“After determination of these issues, the over-all
question I would like to have answered by your office is:
“Under the facts as set out above, is Mr. W. L. Schor-
lemer entitled to have his name placed on the official ballot as
a candidate for the office of State representative from Dewitt
County, Texas.’
Articles 3111 and 3112, Vernon’s Annotated Civil Statutes,
respectively provide:
“The request to have the name of any person affiliat-
ing with any party placed on the official ballot for a general
primary as a candidate for the nomination of such party for
any State office shall be governed by the following:
“1. Such request shall be in-writing signed and duly ac-
knowledged by the person desiring such nomination, or by twenty-
five qualified voters. It shall state the occupation, county or res-
idence and post-office address of such person, and if made by
him shall also state his age.
“2. Any such request shall be filed with the State chair-
man not later than the first Monday in June preceding such pri-
mary, and shall be considered filed if sent to such chairman at
his post-office address by registered mail from any point in this
State.
u I
. . . .
*Any person desiring his name to appear on the official
ballot as a candidate for the nomination for Chief Justice or As-
sociate Justice of the Court of Civil Appeals. or for Representa-
tive in Congress, or for State Senator when such Senatorial Dis-
trict is composed of one or more than one County, or for Repre-
sentative, or district judge or district attorney in represenbtive
Hon. Wayne L. Hartman, page 3 (O-7253)
c,$,,y-i.;‘
~.
l ,J.c> ,: :>i>,t 111‘
or judicial dislt;rictai,composed,,of ;one;o~r more,tban one coun-
ty, shall: file witiTthe ,chairman .mftthe executive committee
of the party-for the: :di~st.rict, said reqiuest with’reference~to a
cQ~i~~~~,fOr;:Q,,~ta;homina’tioti;;oi if there be ,no chairs- _
man of such district executive committee, then with the
chairman of each county composing such district, not later
than the third Monday in May preceding the general, primary.
Such requests may likewise be filed not later than said date
by any twenty-five (25) qualified voters resident within such
distric~t, signed and duly acknowledged. Immediately after
staid date each such district chairman shall certify the names
of all persons for whom such requests have been filed to the
county chairman of each county composing such distr~ict. If
said name is not submitted or fited within said time, same
shall not be placed upon said ballot.-
Opinion No. O-6054 of this department reads in part as fol-
lows:
“Therefore~, before any candidate may submit himself :
to the qualified voters of this State, he must comply with the
prerequisites set forth in Article 3 111. supra. Such require -
ments are mandatory.”
In view of the foregoing, it follows that the applicant has not
complied with the provisions of Articles 3111 and 3112, supra, and that
he has not made the required acknowledgement or verification, nor has
he made a substantial compliance therewith. Therefore, your first ques-
tion is answered in the negative.
In connection with your second question, we call your atten-
tion to the case of Burroughs v. Lyle=, 181 S.W.2d 570 wherein the Supreme
Court of Texas stated:
“Article 3112 provides that any person desiring to have
his name appear on the official ballot as the candidate for State
Senator shall file his request therefor either with the chairman
of the executive committee for the district, or, if there be no
such chairman, with the chairman of each county composing his
district ‘not later than the third Monday in May preceding the gen-
eral primary.’ In this instance the request had to be filed not
later than May 15th. It clearly appears that the Legislature in-
tended to make a difference in the time and manner of filing for
a State office as required in Article 3111, and that required for
the filing in a district office, as required by Article 3 112~. The
language used in Article 3112 is plain and unambiguous, and the
Legislature intended that such request for a place on the official
b&lot must ,be filed by a certain date, and if this i.s not done, the
party so failing to comply with the law is not entitled to have his
name plac,ed on such ballot.”
Hon. Wayne L. Hartman~, page 4 (O-7253)
In the case about which you inquire, the request had to be
filed not later than May 20~. 1946. Therefore, your second question is
also answered in the negative.
In view of the foregoing, it is our opinion that the applicant,
Hpn. W. L. Schorlemer, is not entitled to have his name placed upon the
official ballot as a candidate for the office of State Representative from
Dewitt County, Texas.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By /s/ J. C. Davis, Jr.
J. C. Davis, Jr.
~Assistant
JCD:djm/cm
APPROVED JUN 1 1946
/s/ Carlo6 C. Ashley
FIRST A,SSISTANT
ATTORNEY GENERAL
APPROVED
Opinion Committee
By /s/ BWB
Cbamman