Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN CERILDc. MANN ..I” .I”DUL Maroh SO, 1939 Conorab1r T. X. Trhble First Assistant State Suparlntandent Dapartmmt OZ Lducatloon AWtiIi, 'fOXaS Dear sl.rt ta eaa se era ln Twei f Baroh 30, 1989, In ~rhiaiyou aahe ths folh that th.lsis a p6Tt1on OS a.*f&aert rpsdtr :Ja oounty euperlntendentend ths Slrrt peraon prdilirmereier o the ootmty superlntemlsut. son. ‘i’. h!.irimble, Larch 30, lS39, Pace 2 "All of the ballots for the election of a school tlWStC!!e in CO::.mon school districts end in independent cmsua roll approved br the State Department of Tduca- tion and exclusive or transfers shall be printed with blaok ink on clear whlte paper, of sutflalent thickness to prevent the marks thereon being seen through the pwr , and be of unifom style and dimension; at the top of the ballot there shall be rinted WOfrlolal haliot, independent Sohool ii. iatrlct",the number or name nths sohool district in rhloh the eleotlon la to be held to be illled Iu by the m~t,"eu he orders the ballots p~d@?k$$f!kW to have his name piaoed on add offIolal ballat, as a eandldatefor the.offlceof trwtw of a oommm sahsol dlstrlat or-of an independentsehool~distriotas hereIn provided shall, at leaat ten day6 beSore sald.elsatIon, file a written request with the oounty~lu&e of the aouutT hI h said dlstrlot Is iooated rsqueotingthat hla n&at bZ placed on the 0rfidal id&t,~an4 no oanaiaate shall have his name minted on aaid ballot~unleashe has aonmlbd with the DlTOViSiOM or this Aat; prOriUed that five or more resident qualifiedvoters in the Uletrlot may requeat.that certain names be printed. The county: m, won receipt of such vmltten reqwst, and at least five daya before the eleation, shali have the ballots printed as provided in this Aot, placing on'the bailot the name of each caadldatewho has oomplIe4 with the texms of this Act, and deliver a sufflelentnumber 0r printed ballots and amount 0r supplies neaeosarp r0r suoh.eleotIonto the prealalng offloor of the eleation at least one day before aald aleatlon 1s to be held, said election supplies,ballots, boxes, and tally sheets to be deliveredby the eouuty luage by mall or In any other uamer by him deemed best, to the presiding orfioer of salU election in sealed enveiepes which sha3.inot be opsnd by the election orrlcreruntil the day of the eleotIon.W pieaall attention to the provlslons of thls Article, and espealallyto that part which provides that '910oandldate shall have hls ame printed on said ballot ~nieas he has complied with the provisionsof this Act." Statutoryprovlalonsas to the preparation of ballots and aa to the printed names to appear thereoujareUtandatorYaud mwt be strictlyfollowed. ~unagan v. Ionea, 76 S, tie(2) 219. iicn.ii i.. r'rLmbla,Larch 30, 1939, 5'ag.e 3 I-:in also G ;oneral rillrol"cL:iiuuc.ry c;.nctructionthat 6 pro- vizior lisALIz;.a t:liq:to Lr docc:in a particular zanner lu@les tb;ctit 8hnil 1105i.adone othjl:rwise.3b ,0x. Jur. 159. :,'bet pert of tbe ;%ctxhlch provides "that flvn or nore resident qualified voters in the district may request.tbat certain nfmes be ;trLnted"o'rvlouslymom that such request shall be fllcd with the sane ozflcer authorized to accept the request of ac 'indlvldutlcnndldate and v,!tll=the 5amz period of time. I.reading of the stttute as a whole makes it alear thst names ahall not be printed on tho ballot unless the prooe4ux-a preecrIbe6la followed. Looal cuatoh ceunot repeal the amndatory provisionor an Aot 0r the Leglalature. #e ara of the opInIon that name8 of aaadidak8 for sohool truzteee in ooamm school dlstrIcts and independenteahool alstriota,having a soholaaticpopulationof 1688 than fLve hundred, should not be printed on the o~flOla1 ballootuulesa ul%fen roqurst has been made to the county judge an protided by Art1010 E746a.