Untitled Texas Attorney General Opinion ( 1946 )

Honorable Claude Isbell SeoPetmy of State Austin, Texa8 Dear Sir: Opinion NO. o-7224 Re: Whether aandldates for district offices and their campaign managers where the distriot Is composed of only one county 8hould file their reports of oam- paign expenditures with the Secretary of.State or with the County Clerk. your letter of recent date requesting an opinion from thi6 departmen* on the above stated matter reads as follows; uArtlcle Ho. 3172, Vornonte Texas Statutes, 1936, provides ,:~.that*he SwornStatemen$8 am Do expenses, eto., required '. of candldatea by 8ald Article, shall be filed within the times required by the A~Ltole 'by candidates for State and district nomSnatlon8 lnd'thelr campalgn managers with the Secretary of State, and by oandidates for county nomination8 and their campaign managers and by the asaiatant campaign manager8 of can'didate8for State and dlatrict nomination8 with the oounty olerk of the oounty la whloh they reside.1 “Will you pleaee advise this office whether candidates and their campaign managers for district offioes where the district is composed of only one county ahould file with the Secretary of State or with the County Clerk." Artiale 3168, V.A.C.s ., pPOVide8 a8 fOllOWS: "The word *oandidatet shall mean any person who has announced to any other person or to the public that he is a candidate for the nomination for any offtce whioh the laws of this State require to be determined by a primary election. The words 'county nomination' shall mean the nomination for any office to be filled by the choice of the voters residing in only one counts or less than one oounty. The words 'distrlot nomination@ 8hall mean the nomination for any offioe to be filled by the choioe of the voters reoiding in more than Eon. Claude Isbell - Page 2, O-7224 one county. ‘Fhe words 'State nominablon’ shall mean the nomination for any office to be filled by the ohoice of the voters of the entire State. Inall cases where second primary elections may be held in compliance with any law of this State, the first and second primary eleotions shall for the purposes of this law be considered together aa one primary election." (Underscorfng ours) Article 3172, V.A.C.S., provides in part as follows: "such statements and oath8 shall be filed within the times required . by this article _ .. . by .aandldates for State and district 3.I~ .I- Secretary nomination8 ^~ ana _ _ tnelr-._. campaign ^ managers wlr;n we * ~.I of State, ana by canalaates I-or county nomlnatlons and their campaign managers and by the assistant campaign managers of candidate8 for Stmte and district n&&nations with the county clerk of the county in which they reblde." (Underscoring ours) Article 262, V.A.P.C., provides as follows: "The word Icandidate* shall mean any person who has announced to any other person OP to the publio that he ie a aandidate for the nomination for any office wMoh the laws of this State permit to be determined by a prfmary eleotiion..The words,tcounty nomination" shall mean the nomination for any office 80 be fllled,bg the choice of Xhe voters residing in only one county ,or less thanone county and the’WO~d8 !Dietriab nomination? shall mean the .nominat~ton.forany offioe to be filled by the cnoiee of the voters residing in more than one county. The words IState nomination shall mean the nomination for any office to be~filled by the oholce of the voter8 of the entire State. *In all caaee where eeoond primary eleotions may be held in compliance with any law of thin State, the first and seaond primary eleoQlons shall for the purpoees of this law be considered together ae one primary election." (Underscoring our8) &ticle 269, v.A.P.C., provides in part a8 follows: "Such rtatementa and o&the shall be filed within the,time8 required by thl8 article by candidates for State and Disbrfo) nomination8 and their c8mpaign manager8 with the Secretary of State, and by candidates for County nominations and their ampalgn manager8 and by the assistant cslmpaignmanager8 If candidates for State and District nominations with the County Clerk of the County in which they reside."- ecoring OUPS) It will be noted by the underlined portions of Articles 3172, v.A.c.s., and 269, V.A.P.O., that candidatea for county nominations Bon. Claude Isbell, Page 3, o-7224 and their aempaign managers should file with the County Clerk of the oounty In which they reside. It dllbe further noted that by virtue of the underlined portions of Articles 3168, V.A.G.S., and 262, V.A.P.C., nomin.ationsfor.distriot OffiCe where the district Is aomposed of only one county constitutes "county nominations” within the meaning of the above quoted 8tatutes. Therefore, you are respectfully advi8ed that it la the opinion of this department that candidates for district offices and their campaign managers where the district is composed of only one county should file their reports of oampaign ;s;;iitures with the County Clerk of the oounty in which they . Yours very truly ATTORNEY GFXF3lALOF TEXAS BY Jack K. Ayer Assistant BY Jo$n,BeeVe 'APPROVED .JULY11, 1946 8/ Clrlqs 4bhlq ..:. ,," ', ", ,... .,, ,.:. FIRST ASSISP~: . .:, :' :~. A'lTO~YGiBERAL APPROVEI)OPINION COMhUTTEE ,Byt BWB,,Chairman JA:djm/cge