AKIWI-IN 1s. TEXAS July 10, 1964
Rardgrave HonorableB. F. CountyAttorney Anderson County Palestine, Texas

Dear Sir: OpinionNo. C-281 Re: Whether theprovisions of Article 7.01, Election Code, relative to the furnishingand use of voting booths in cities of 10,000 or more inhabitants, are mandatory. The substance of your request for an opinion on the above-captioned subject is stated in the following excerpts therefrom:"The County CommissionersCourt of Anderson County, Texas, has been requested formally and in writing to furnish voting booths in connectionwith the elections under Article 7.01 of the Texas Election Code. * * * The population'of Palestine at the last censuswas over 13,000. * * *' "Question: Under Article 7.01 of the Texas Election Code, is theprovision for votingbooths mandatory or directory in nature?" Article 7.01 of the Election Code reads a6 follows: "Votingbooths shallbe furnishedand used at elections at each votin of ten thousand (10,000 7 precinct in towns and cities inhabitants or more." The duty of furnishing the suppliesnecessary for conducting elections held at the expense of the county isplaced upon the county electionboard createdby Article 7.07 of the Election Code,which reads as follows:

"The county judge, county clerk and sheriff shall constitute a board, a majority of whom may act to provide the suppliesnecessary to hold and conduct the election, all of which shallbe delivered to the presiding judges of the electionby the sheriff or any constable of the county,when not called for and obtained inperson by theprecinct judges. Such

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board shall filewith the CommissionersCourt a written report of their action as to supplies furnishedby the county, giving a detailed statement of the expenses incurred inprocuring such supplies." Article 7.12 of the Election Codeprovides: "All expenses incurred in furnishing the supplies,ballots, and booths in any general or special election shallbe paid for by the county, except costs inmunicipal and school elections. All accounts for supplies furnishedand services rendered shall firstbe approvedby the Commissioners Courtbefore they are paid by the county." Article 7.01 of the Election Codeprovides that voting booths shallbe furnished and used in cities of 10,000 or more inhabitants. While statutoryprovisions stating that 6x1act shallbe done are sometimes construed tobe discretionaryor directory rather thanmandatorv. the ordinarymeanina of the word "shall" is equivalent to %u6t"--it is a mandator requiring compliance. 199 S.W. 811 (1917 McLaren v. State, 82 Tex.Crim.x term, 49, (Tex.Civ.App.1917 ;Mitchell v. Hancock, 196 S.W. 694, 700 1957)* ;zm S.W.2d 182 (Tex.Civ.App.

Someprovision6 of the election laws are mandatory in the sense that compliance therewithmay be compelledby mandamus before the time forperformance, but are directory in the sense that an election already held is not rendered void i so factoby failure to comply. Davis v. Blakeley, 208 S.W.2d 90 -h TexTCiv

. App. 1948) and authorities cited therein. This is the construction which the courts have given toArticle 7.01. State ex rel. Paaai v. Fletcher, 50 S.W.2d 451 (Tex.Civ.App.1932),held bat the failure to provide votingbooths for the use of the voters did not render the election void.

In CauseNo. 15,982, styledRussell Griffth, Relator v. Hon. Don Davis, County Judge of Collin County, et al., Respondents, the Dallas Court of Civil Appeals had before it an originalmandamusproceeding against the ElectionBoard of Collin county, seeking to compel the board to furnishvoting booths at all polling places within the City of l&Kinney (whichhas a population of more than 10,000) at a special election for United States Senator to be held on May 27, 1961. In an unreported opinion rendered May 25, 1961, the Courtheld as follows:

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Hon. B. F. Hardgrave,page 3 (c-281)

'* * + [Ij't is the opinion of the Court that it is the duty of the Election Board of Collin County,pursuant toArticle 7.01, Election Code V.A.C.S., to furnish votingbooths at all polling places in the City of McKinney, Texas. "However,because of the shortness of time interveningbetween the date of Relator's application and of this order and the date of the election of May 27, 1961, the Court is not certain that it would be physically possible for the ElectionBoard to complywith a writ of mandamus directing the Board to provide booths for the election of May 27, 1961. In view of this shortness of time, and in view further of the Board's promise to provide voting booths for all future elections after May 27, 1961 in the City of McKinney, Texas, the Court has concluded that it would be inequitable to issue the writ of mandamus forwhich Relator has prayed. But for these circumstance6 the application of Relator would be granted. 'However,because of the circumstancesherein set forth, it is ordered, adjudged and decreedby the Court that the application of Relator be, and the same is hereby denied." In answer to your question,we hold duty of the ElectionBoard of Anderson County booths for all polling places within the City all elections held at the expense of Anderson of the booths i6 to be borne by the county. that it is the to furnish,voting of Palestine in county. The cost

SUMMARY Under Article 7.01 of the Texas Election Code, it is the duty of the county election board created by Article 7.11 of the Election Code to furnish voting booths for all polling places within each city of 10,000 or more inhabitantswhich is situated within the county, for use in electionsheld at the expense of the county. Yours very truly, WAGGONER CARR Attorney General

MKw:sj **BY 27**  **%G!J** Mary
.Wall Assistant -1346-., -

Hon. B. F. Hardgrave,page 4 (C-281)

APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman GeorgeBlack FrankBooth Larry Craddock Robert Smith APPROVED FOR THE ATTORNEY GENERAL 'BY: Stariton

Stone

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