GERALD C. MANN
AUHTIN 11.TRKAe
Honorable John Atchison Opinion No. o-2187
County Attorney Re: Situation resulting from
Gainesville, Texas an independent school dis-
trict election for two
trustees, when one candi-
date receives 74 votes,
two others 70 each and a
Dear Sir: fourth 41.
In your letter of April 8, 1940, you advise US of
the following facts:
"Valley View Independent School District of
Cooke County is located south of Gainesville and
comprises the unincorporated town of Valley View
together with one or more communities outside said
town. It has less than 500 scholastics.
"An election was held in said Independent school
district on Saturday, April 6, 1940, for the purpose
of electing two school trustees. There were four
candidates whose names were regularly carried on the
ballot. One received 74 votes, two received 70 votes
each, and the,fourth received 41 votes."
You request our opinion as to whether (1) the man
receiving 74 votes has been elected, (2) in what manner
should the still remaining vacancy or vacancies be filled,
that is whether by appointment or special election, and
(3) if a new election is to be held whe%erthe names of
new candidates should be permitted on the ballot.
Article 2746a, Vernon's Civil Statutes, reads in
part:
"All of the,ballots for the election of a school
trustee in common school districts and in independent
school districts having fewer than five hundred (500)
scholastics as shown by the last preceding scholastic
census roll approved by the State Department of Educa-
tion and exclusive of transfers shall be printed with
black ink on clear white paper of sufficient thickness
to prevent the marks thereon being seen through the
paper.,and be of uniform style and dimension; at the
top of the ballot, there shall be printed 'Official
Ballot, Independent School District,'
the number or name of the school district in which the
Honorable John Atchison, Page 2 (O-21.87)
election Is to be held to be filled in by the judge
of'the county when he orders the ballots printed.
Any person desiring to have his name placed on said
official ballot, as a candidate for the office of
trustee of a common school district or of an inde-
pendent school district as herein provided shall,
at least ten days before said election, file a
written request with the county judge of the county
in which said district islocated, requesting that
his name be placed on the official ballot, and no
candidate shall have his name printed on said ballot
unless he has complied with the provisions of this
Act; provided that five or more resident qualified
voters in the district may request that certain
names be printed. The county judge, upon receipt
of such written request, and at least five days
before the election, shall have the ballots printed
as provided in this Act, placing on the ballot the
name of each candidate who has complied with the
terms of this Act, and deliver a sufficient number
of printed ballots and amount of supplies necessary
for such election to the presiding officer of the
election at least one day before said election is
to be held, said election supplies, ballots, boxes,
and tally sheets to be delivered by the county judge
by mall or In any other manner by him deemed best,
to the presiding officer of said election in sealed
envelopes which shall not be opened by the election
officer until the day of the election. . . .I
_. , The
. , statutes
.. relating specially
.. .to. trustees.for
.
such aistrlcts as tne one in questlon contain no provlslons
covering the first and second questions. Hence the problem
will be controlled by the general election laws. Scherz
vs. Telfer, 74 S.W. (2) 327.
Article 2953 and the first section of Article 2953a,
Vernon's Civil Statutes, read as follows:
"At any election, if there be an equal number
of votes given-to two or more persons for the same
office, except executive offices as provided in the
Constitution, and no one elected thereto, the officer
to whom the returns are made shall declare such elec-
tion void as to such office only,md shall immediately
order another election to fill such office; and notice
shall be given, and such other election sh$ll be held
in the same manner as the general elect+ Acts 1876,
p. 3lO;,G.L. vol. 8, p. 1146; P.D. 3606.
Honorable John Atchison, Page 3(0-2187)
"Sec. 1. Where special elections are author-
ized by this Act,the officer authorized by law to
order elections shall make such order, fixing the
time of the election not less than twenty nor more
than nine+ days after the first public notice of such
order."
It is noted that there were two offices to be
filled by the election just held. In one of them there was
no tie. The man receiving 74 Woteswas duly elected. As
to the other office there was a tie, two men receiving 70
votes each. As to that office the election was void, under
Article 2953. Under that~statute anobher election should
be ordered. Article 2953a requires tha time of such special
election to be fixed at not less than twenty nor more than
ninety days after the publication of the order. Such minl-
mum time thus allows for the ten days to file application
for a place on the ballot as provided in Article2746a,
and we are~of the opinion that such applications, if season-
ably filed, should be accepted and the names of such new
applicants placed on the ballot for the special election.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By s/ GLENN R. LEWIS
Glenn R. Lewis
Assistant
APPROVED APR. 15, 1940
s/GERALDC.MANN
ATTORNEYGENERAL OF TEXAS
GRL:ew/amm APPROVED Opinion Committee
By B.W.B. Chairman