Untitled Texas Attorney General Opinion ( 1974 )

Tmw AITORNRY GHNERAL
OF -XAS
September 23, 1974
The Honorable David R. White Opinion No. H- 407
County Attorney
120 East North Street Re: Application of independent
Uvalde, Texas 78801 candidate for place on general
election ballot.
Dear Mr. White:
You have requested our opinion concerning the requirements for
an independent candidate’s application for a position on the general election
ballot. You specifically inquire about the oath required by Article 13. 51
Vernon’s Texas Election Code, and about the validity of the signature of
a voter who has voted in a primary election.
The requirements which must be satisfied by a nonpartisan or
independent candidate seeking a position on the general election ballot
are set out in Articles 13.12, 13.47a, 13. 50 and 13. 51 of Vernon’s Texas
Election Code, and may be briefly summarized as follows. Aft.er having
timely filed his affidavit of intent to run, an independent candidate must
file, within thirty days after the second primary election day, a written
petition signed by a specified number of qualified voters. The number
of signatures required varies with the office sought, but in the case of
an application for any district, county or precinct office it need not exceed
five hundred. No person is permitted to sign the application of more
than one candidate for the same office, nor may any person sign the
application if he has previously voted at either the general or runoff
primary election of any party at which a nomination was made for the
same office as that sought by the applicant. In addition, each voter
signing an independent candidate’s application must subscribe to a certified
oath affirming his nonparticipation in any political party’s nominating
process. The constitutionality of these requirements was recently affirmed
p. 1900
The Honorable David R. White, page 2 (H-407)
by the United States Supreme Court in American Party of Texas v. W&e,
94 S. Ct. 1296 (1974).
In 1967 the 60th Legislature amended Article 1.03 of the Texas El&ion
Code by adding to it a Subdivision 1 as follows:
The Secretary of State shall be the chief election
officer of this state, and it shall be his responsibility
-to obtain and maintain uniformity in the application,
operation and interpretation of the election laws. In
carrying out this responsibility, he shall cause to be
prepared and distributed to each county judge, county
tax assessor-collector, and county clerk, and to each
county chairman of a political party which is required
to hold primary elections, detailed and comprehensive
written directives and instructions relating to and
based upon the election laws as they apply to elections,
registration of electors and voting procedures which
by law are under the direction and control of each
such respective officer. Such directives and instruc-
tions shall include sample forms of ballots, papers,
documents, records and other materials and supplies
required by such election laws. He shall assist and
advise all elect~ion officers of the state with regard
to the application, operation and interpretation of
the election laws. (Emphasis added)
Normally our opinion function does not extend to election officials.
Article 4399, V. ‘I. C.S. It does, of course, extend to advising the Secretary
of State on matters having to do with elections and other areas of the fiw.
However, we feel that the question you have asked about the application
of the law to a particular fact situation should fall within the authori+ of
the Secretary of State.
We have set out the law in general terms. We would suggest thatlou
take your questions to the Secretary of State for interpretation of thellaw
in a uniform manner.
p. 1901
The Honorable David R. White, page 3 (H-407)
SUMMARY
A person who has voted at the primary election
of any party may not sign the application of an
independent candidate running for an office for
which a nomination was made at the primary. An
independent candidate’s application for a position
on the general election ballot does not sufficiently
demonstrate compliance with Article 13. 51 unless
it contains an officer’s certificate that the persons
signing it were administered the requisite oath.
More detailed interpretations are for the
Secretary of State. Article 1.03, Vernods Texas
Election Code.
Very truly yours,
Attorney General of Texas
APPRCVED:
r
7
QL=e-YL
DAVID M. KENDALL,
Opinion Committee
Chairman
p. 1902