AKIWI-IN 1s. TEXAS 

July 10, 1964 

Honorable B. F. Rardgrave 

County Attorney 

Anderson County 

Palestine, Texas 

Dear Sir: 

Opinion No. C-281 

Re: Whether the provisions of 

Article 7.01, Election 

Code, relative to the 

furnishing and 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 Commissioners Court of Anderson County, 

Texas, has been requested formally and in writing to 

furnish voting booths in connection with the elections 

under Article 7.01 of the Texas Election Code. * * * 

The population'of Palestine at the last census was 

over 13,000. * * *' 

"Question: Under Article 7.01 of the Texas Election Code, is the provision for voting booths mandatory 

or directory in nature?" 

Article 7.01 of the Election Code reads a6 follows: 

"Voting booths shall be furnished and 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 supplies necessary for 

conducting elections held at the expense of the county isplaced 

upon the county election board created by 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 supplies necessary to hold and conduct the 

election, all of which shall be delivered to the 

presiding judges of the election by the sheriff or 

any constable of the county, when not called for and 

obtained in person by the precinct judges. Such 

-1344- 
Hon. B. F. Hardgrave, page 2 (c-281) 

board shall file with the Commissioners Court 

a written report of their action as to supplies 

furnished by the county, giving a detailed 

statement of the expenses incurred in procuring 

such supplies." 

Article 7.12 of the Election Code provides: 

"All expenses incurred in furnishing the 

supplies, ballots, and booths in any general or 

special election shall be paid for by the county, 

except costs in municipal and school elections. 

All accounts for supplies furnished and services 

rendered shall first be approved by the Commissioners Court before they are paid by the county." 

Article 7.01 of the Election Code provides that voting 

booths shall be furnished and used in cities of 10,000 or more 

inhabitants. While statutory provisions stating that 6x1 act 

shall be done are sometimes construed to be discretionary or 

directory rather than mandatorv. the ordinary meanina 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. 

Some provision6 of the election laws are mandatory in 

the sense that compliance therewith may be compelled by mandamus 

before the time for performance, but are directory in the sense 

that an election already held is not rendered void i so facto by 

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 to Article 7.01. State ex rel. Paaai 

v. Fletcher, 50 S.W.2d 451 (Tex.Civ.App. 1932), held bat the 

failure to provide voting booths for the use of the voters did not 

render the election void. 

In Cause No. 15,982, styled Russell Griffth, Relator 

v. Hon. Don Davis, County Judge of Collin County, et al., 

Respondents, the Dallas Court of Civil Appeals had before it an 

original mandamus proceeding against the Election Board of Collin 

county, seeking to compel the board to furnish voting booths at 

all polling places within the City of l&Kinney (which has 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 Court held as follows: 

-1345- 
- . . 

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 to Article 7.01, Election Code 

V.A.C.S., to furnish voting booths at all polling 

places in the City of McKinney, Texas. 

"However, because of the shortness of time 

intervening between 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 Election Board 

to comply with 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 for which Relator has prayed. 

But for these circumstance6 the application of 

Relator would be granted. 'However, because of 

the circumstances herein set forth, it is ordered, 

adjudged and decreed by the Court that the application of Relator be, and the same is hereby denied." 

In answer to your question, we hold 

duty of the Election Board 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 inhabitants which is situated 

within the county, for use in elections held at the 

expense of the county. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

MKw:sj 

BY 27 %G!JMary . Wall 

Assistant 

-1346- 
., - 

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

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

George Black 

Frank Booth 

Larry Craddock 

Robert Smith 

APPROVED FOR THE ATTORNEY GENERAL 

'BY: Stariton Stone 

-1347-