Untitled Texas Attorney General Opinion ( 1968 )

December 19. 1968
Hon. Thomas J. Purdom Opinion NO. M-324
County Attorney
Lubbock County Courthouse Re: Construction of Article 666-32,
Lubbock, Texas 79401 Vernon's Penal Code, as to
determining computation of the
required twenty-five percent
of the qualified voters whose
signature must appear on a
petition for a local option
liquor election in a particular
Dear Mr. Purdom: justice precinct.
You have requested a construction of Article 666-32,
Vernon's Penal Code, relative to the number of voters required
to call a local option election on the sale of alcoholic beverages
in a justice precinct In your county. The pertinent part of the
statute is:
together with the number that appears on his
voter registration certificate,-taking the vote
for Governor at the last preceding general elec-
tion at which presidential electors were elected
as the basis for determining the number of
qualified voters In any such county, justice
reclnct, or Incorporated city or town, it is
erebv reaulred that the commissioners court
at its next regular session shall order a
local option election to be held upol;f
the is-
sue set out In such petition. . . .
(Emphasis added.)
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Hon. Thomas J. Purdom, page 2 (M-324)
You state in your request that a local option
petition was issued by the county clerk prior to the General
Election held on November 5, 1968, and was filed by the
petitioners on November 8, 1968 with the county clerk. You
have requested a construction of Article 666-32, Vernon's
Penal Code, to determine the computation of the required
twenty-five percent of the qualified voters whose signature
must appear on a petition for a local option liquor election
in a particular justice precinct. Specifically you have requested
to know If the vote for Governor in the General Election on
November 5, 1968, Is the proper General Election to meet the
requirements of twenty-five percent of the qualified voters
whose signatures must appesr on the petition filed in the
county clerk's office.
The provisions in Article 666-32, Vernon's Penal
Code, governing the request for petitions and the issuance
of petitions are for Insuring that the petitions will be
obtained in proper form and to provide a record for the re-
quirements of Article 666-32+ of Vernon's Penal Code.
In our opinion the instrument issued by the county
clerk never becomes a petition signed by the voters until it
is filed in the county clerk's office. The date of filing is
the-that the petition becomes an official petition. It is
the oetiticn that confers the jurisdiction to call the election.
cl’.: Powell v. Bond, County Attorney, 150 S.W.2d 337 (Tex.Civ.
APP. 1941,-t v. Moore, 157 S.W.2d
515 (Ark.Sup. 1942), holding thamt is the time of filing of a
petition that will govern in determining the number of legal
voters and the percentage thereof for determination of the
calling of an election. Since the only petition on file was
filed subsequent to the General Election of November 5, 1968,
the petition must meet the test of "twenty-five percent of the
qualified voters taking the vote for Governor at the last
preceding general election at which presidential electors
were elected as the basis for determining the number of
qualified voters in any tuch county, justice precinct, or in-
corporated city or town. Under the facts submitted, the last
presldential general election is November 5, 1968.
SUMMARY
Where a petition for a local option liquor
election is filed after the General Election on
November 5, 1968, the General Election of November
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Hon. Thomas J. Purdom, page 3 (M-324)
5, 1968, is the proper election upon which to
make the computation of the required twenty-five
percent of qualified voters required in Article
666-32, Vernon's Penal Code, for the petition.
truly yours,
?zz.@e
C. MARTIN
ey General of Texas
Prepared by William J. Craig
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
John Banks
Linward Shivers
Jack Sparks
Fisher Tyler
HAWTHORNE PHILLIPS,
Staff Legal Assistant
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