Untitled Texas Attorney General Opinion ( 1961 )

Arrs~liu 11. TEXAS September 21, 1961 Honorable James A..Doherty Cpfnion No. WW-1151 County Attorney San Augustine County Rez Whether a County Commis- San Augustine, Texas sioner 1s authorized to announce his candidacy or fn fact become a can- dida'tefor the office of County Judge without first resigning his pre- Dear Mr. Doherty: sent office as Commissioner. Your request for an opinion states that Commfssloner E. H.~WarrS Frecinct 2, San Augustine County, wants to become a candidate for the office of County Judge fn the next Demo- cratic party ,pr&narywhich is to be held on the ffrst Saturday in May, 1962. You state further that he was last elected as Commissioner in the November 1958 General Election, and his present term expires on .December 31, 1562. In view of the foregoing circumstances you ask: Whether County Commissioner E. Hz.Warrp is authorized %o announce la33 za,ndidacy fact become a caridida~te for the or .Lr! offlce of County .:udgewithout first re- signing his present office as Commis- sfoner. :Theanswer to th.isquestfon is I*esolvedby a pro- vision sn Sectfon 65 of Artfcle XVI of the Texas Conetitution, which was added by an amendment proposed by the Legislature in 1957 a:33 adopted in 1.958. Thf8 pro~vlsionreads as 'follows: "Frovlie3, however,,if any of the ,3iiflcere named here!.nSYiS.ll. announce 5f:ei.r cardidacy, or shall fn fact be- co.mea candidate, in any Cener*al,Spec,ial OS'Erimary Election, for tc/yoffice of ~roflt,or tmat urder the laws of this jtate or ,theUnited Sta.tesother than the Honorable James A. Doherty, Page 2 (WW-1151) ofFi@? +he? v -I held > at any tim.ewhe.nthe unexpired.term of the office then held shall exceed me (1) year, such announee- ment or such candfaacs shall constitute an automatic resrgnation of the office then held, and the vacancy thereby cseat- ed shall be fflled pursuant to law In the came manner as other vacancies for such offiw are f’iLle?.” (Emphasis added) This amendment forbi5s certain named officials, including County Commissioners, from announcing OP becomfng a candl,datein :>eneral,Special, or Fri.maryelections, for any office of profit or trust at any time when the unexpired term exceeds one year. Such announcement or candfdacy con- stitutes an automatic resignation of the offMe then held. therefore, should Mr. Warr aonounce or become such candidate befor::January 1, 1362, he w0ll.Mvacate his present office; such ast:lonafte:rJanuary 1, would not encounter the c05s~tit~itlocal bagn. S U PIM A R Y .-- A cmnty Commissioner is authorized by Sec:t:i~r, 65, Article XVI of the TexaH ~onst-itution,as amen?ea ig58, or in fagt to a:nnouncehis canc?.idacy become a cakidate for the office of County Judge without rid retaignfng lirepPeseTYtOffir,'~rcwided that a.t the 'dateof hlflancounaement his urexplrec?term of offfce "oea not er.ceedone year. Youra very truly, WILL WILSCN Attorney General of Texas 1Rwjr:lgh:mm r ’ Honorable James A. Doherty, Page 3 (WW-1151) APPROVED: OPINION COMMITTEE: W. V, Geppert, Chairman Henry G. Braswell Joe B. McMaster H. Grady Chandler Wm. R. Hemphlll REVIEWED FOR ?RE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.