Honorable Claude Isbell
SeoPetmy of State
Austin, Texa8
Dear Sir: Opinion NO. o-7224
Re: Whether aandldates for district
offices and their campaign
managers where the distriot Is
composed of only one county
8hould file their reports of oam-
paign expenditures with the
Secretary of.State or with the
County Clerk.
your letter of recent date requesting an opinion from thi6 departmen*
on the above stated matter reads as follows;
uArtlcle Ho. 3172, Vornonte Texas Statutes, 1936, provides
,:~.that*he SwornStatemen$8 am Do expenses, eto., required '.
of candldatea by 8ald Article, shall be filed within the
times required by the A~Ltole 'by candidates for State and
district nomSnatlon8 lnd'thelr campalgn managers with the
Secretary of State, and by oandidates for county nomination8
and their campaign managers and by the asaiatant campaign
manager8 of can'didate8for State and dlatrict nomination8
with the oounty olerk of the oounty la whloh they reside.1
“Will you pleaee advise this office whether candidates and
their campaign managers for district offioes where the
district is composed of only one county ahould file with
the Secretary of State or with the County Clerk."
Artiale 3168, V.A.C.s ., pPOVide8 a8 fOllOWS:
"The word *oandidatet shall mean any person who has announced
to any other person or to the public that he is a candidate
for the nomination for any offtce whioh the laws of this State
require to be determined by a primary election. The words
'county nomination' shall mean the nomination for any office
to be filled by the choice of the voters residing in only
one counts or less than one oounty. The words 'distrlot
nomination@ 8hall mean the nomination for any offioe to be
filled by the choioe of the voters reoiding in more than
Eon. Claude Isbell - Page 2, O-7224
one county. ‘Fhe words 'State nominablon’ shall mean the
nomination for any office to be filled by the ohoice of
the voters of the entire State. Inall cases where second
primary elections may be held in compliance with any law of
this State, the first and second primary eleotions shall for
the purposes of this law be considered together aa one
primary election." (Underscorfng ours)
Article 3172, V.A.C.S., provides in part as follows:
"such statements and oath8 shall be filed within the times
required
. by this article
_ .. . by .aandldates for State and district
3.I~ .I- Secretary
nomination8
^~ ana
_ _ tnelr-._.
campaign
^ managers wlr;n we
* ~.I
of State, ana by canalaates I-or county nomlnatlons and their
campaign managers and by the assistant campaign managers of
candidate8 for Stmte and district n&&nations with the county
clerk of the county in which they reblde." (Underscoring ours)
Article 262, V.A.P.C., provides as follows:
"The word Icandidate* shall mean any person who has announced
to any other person OP to the publio that he ie a aandidate
for the nomination for any office wMoh the laws of this
State permit to be determined by a prfmary eleotiion..The
words,tcounty nomination" shall mean the nomination for
any office 80 be fllled,bg the choice of Xhe voters residing
in only one county ,or less thanone county and the’WO~d8
!Dietriab nomination? shall mean the .nominat~ton.forany
offioe to be filled by the cnoiee of the voters residing in
more than one county. The words IState nomination shall
mean the nomination for any office to be~filled by the
oholce of the voter8 of the entire State.
*In all caaee where eeoond primary eleotions may be held in
compliance with any law of thin State, the first and seaond
primary eleoQlons shall for the purpoees of this law be
considered together ae one primary election." (Underscoring
our8)
&ticle 269, v.A.P.C., provides in part a8 follows:
"Such rtatementa and o&the shall be filed within the,time8
required by thl8 article by candidates for State and Disbrfo)
nomination8 and their c8mpaign manager8 with the Secretary
of State, and by candidates for County nominations and their
ampalgn manager8 and by the assistant cslmpaignmanager8
If candidates for State and District nominations with the
County Clerk of the County in which they reside."-
ecoring OUPS)
It will be noted by the underlined portions of Articles 3172,
v.A.c.s., and 269, V.A.P.O., that candidatea for county nominations
Bon. Claude Isbell, Page 3, o-7224
and their aempaign managers should file with the County Clerk
of the oounty In which they reside. It dllbe further noted
that by virtue of the underlined portions of Articles 3168,
V.A.G.S., and 262, V.A.P.C., nomin.ationsfor.distriot OffiCe
where the district Is aomposed of only one county constitutes
"county nominations” within the meaning of the above quoted
8tatutes. Therefore, you are respectfully advi8ed that it la
the opinion of this department that candidates for district
offices and their campaign managers where the district is
composed of only one county should file their reports of oampaign
;s;;iitures with the County Clerk of the oounty in which they
.
Yours very truly
ATTORNEY GFXF3lALOF TEXAS
BY
Jack K. Ayer
Assistant
BY
Jo$n,BeeVe
'APPROVED .JULY11, 1946
8/ Clrlqs 4bhlq ..:. ,," ', ",
,... .,,
,.:.
FIRST ASSISP~: . .:,
:'
:~.
A'lTO~YGiBERAL
APPROVEI)OPINION COMhUTTEE
,Byt BWB,,Chairman
JA:djm/cge