Untitled Texas Attorney General Opinion ( 1946 )

Honorable D. Richard Vogea county Attorney Wilson County FloresvIlle, Texas Dear Mr. Voges: Opinion No. O-7226 Re: Whether or not It Ia the mandatory ama of a aounty through Its proper officials to hold the eleotlon on H&ember 7, 1246, on the constitutional amendment to be submitted upon that date. Your request for an opInlon upon the above subjept matter is as followsI t1With further referenoe to the eleotion to be held on Thursday November 7th, after the General Eleotiom on Tuesday November 5th, on a Constitutional Amendment, your opinions indicate that It Is mandatory for the County Judge to order and issue notice of such eleotlon and that If no suoh notice Is given the election would nevertheless be valid. 'uow then, the County through the County Judge o Commissionerts Court must furnish the supplies for such electioi ; is it mandatory on the part of the County Judge to furnish such supplies and In the event such supplies arm not ao furnished no election can be held; furthermore, if t$aeOoqty Judge or CommIssioner*s Court refuse to appoint election officers and refuse to pay thesame no eleotion can be held. "The question I want answered, is it mandatory for a County, through its proper offI.aialsto hold the eleation on November 7th on the Constitutional &mendment.n Your question should be answered in the affirmative. Section 1 of Article XVTI of the Constitution,,relating to the mode of amendIng the Constitution, Is as fOllOWSI "The Legislature, at any biennial session, by a vote of two-thirds of all the members elected to eaoh House, to be entered by yeas and nays on the journals, maY propose amendments to the Constitution, to be voted Honorable D. Richard Voges - page 2, O-7226 upon by the qualified electors for members of the Legislature, which proposed amendments shall be duly published onoe a week for four weeks, commencing at least three months before any election, the time of which shall be specified by the Legislature, In one weekly newspaper of each oounty,~,inwhich such a news- paper maybe published; and it shall be the duty of the several returning officers of said election, to open a poll for, and make returns to the Secretary of State, of the number of legal votes cast at said election for and against said amendments; and if more than one be proposed, then the number of votes cast for and against each of them; and if It shall appear from said return, that a majority of the votes cast, have been cast in favor of any amendment, the said amendment so receiving a majority of the votes cast, have been cast in favor of any amendment, the said amendment so receiving a majority of the votes Cast, shall become a part of this Constitution, and proclamation shall be made by the Governor thereof." This Section itself by necessary implication -- if not In express language -- makes It the mandatory duty for each county in the State, through its proper officials, to hold the election on the day named by the Legislature in submitting the amendment. Our conclusion is accentuated by Article 2923 et seq of the statutes governing elections. You are accordingly advised as above Indicated. Very truly yours ATTORNEY GPNERAL OF TEXAS s/ Ocie Speer - OS-MR/cg BY Ocie Speer APPROVED MAY 25, 1946 Assistant s/ Carlos C. Ashley FIRST ASSISTANT ATTORNEY GENERAL APPROVED opinion committee By BWB, Chairman