Untitled Texas Attorney General Opinion ( 1942 )

-~ - THE momY GENERAL OFTEXAS ATTORNz5Y “PzNlinAL Honorable L. R. Thompson County Auditor Taylor County Abilene, Texas Dear Mr. Thompson: Opinion No. O-4872 Be: Can the same election supplies, ballots, and election judges be used to hold the General Election and the Special Election called to elect a State Senator for the General Elec- tion day? Your letter of September 21, 1942, stating that the Governor had called a special election to be held on tie day of the Qeneral Elec- tion to elect a State Senator to suetieedHonorable John Lee Smith, has been given our aareful consideration. In your letter you ask the following questions: "1. Can the general election supplies serve for both the general eleo- tion and the special election for State Senator? “2. Can everything appear on one ballot or must there be separate bal- lots? R3. Can one set of judges and clerks serve for both eleotions? "4. Is one set of ballot boxes sufficient, or must there be separate ballot boxes?" We enclose a copy of our Opinion Ro. O-2853, written to Ron. A& Niller, County Attorney of %uton County, dated November 1, 1940, which we think will answer each of the questions you ask. Without repeat- ing the argument and authorities therein quoted, but based upon same, '18 answer your four questions as follousr 1. In our opinion, you cannot use the General Election sup- plies for both the General Election and the Speoial Eleotion, because they are to separate and distinct elections. 2. You cannot place on the offioial ballot for the General Election the names of those who are running for State Senator. Itnill be neoessary to have a separate and distinot ballot prepared for the Special Election. Honorable L. R. Thompson, page 2 (O-4872) 3. One set of judges and clerks can serve for holding both of the elections. 4. Itwill be necessary to have two sets of ballot boxes and the ballots, after being voted, should %s kept in separate boxes, bsoause there might be a contest over either the Special Eleation or the General Election. ATTORRBYGEREFUL OFTEXAS By /s/ Gee. II. Barcus Geo. U.&ram Assistant Enclosure APPROVED SEP 29, 1942 Approved /S/ Gerald C. ?dann Opinion Comittee ATTORREYGFZERALOFTEX&S &rBWB ChinnSn