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.