June 4, 1970

Honorable Kenneth Bain, Jr. CountyAttorney Floyd County Floydada, Texas OpinionNO. M- 645

Dear Sir: Re: At an election held in the **Lbckney** IndependentSchool Distriat in Floyd County, Texas, for the election of the County School Trustee at large and for the County School Trustee for the precinct inwhich the Lockney IndependentSchool Distri~ctis located,who pays for the expense of purchasing the election supplies and **the fees**  **of** the election judge and clerks for holding the election?
your letter of recent date requests our opinion on the above question.

The applicable statutes are to be found in the Texas Education code, enactedby the 61st Legislature. Regular Session, 1969, and in **the** Election Code of the State of Texas, enactedby the 52nd Legislature,Regular Session, 1951.

-3087-. . ._

HonorableKenneth Bafn, Jr., page 2 (M-645)

Article 17,03(b) **the** Education Code reads as follows: "Election officers appointed to hold the election for district trustees in each school district shall hold the regular election for county school trustees or countyboard members." This statute clearlyprovides **that the**  officials chargedwith holding the school district election shall also hold the election for county trustees, and we think the statute necessarily implies that the officials are to be eampenoatedsolelyby the district.

**With** respect to the expenses incurred for supplies, we refer you toAttorney General"6 opinionNo. O-943 (1939). That opinionwas based upon an interpretationof articles of the Civil Statutes that have **been** in substance incorporated into the Texas Education Code, and held that the election suppliesused in the election of county school trustees shouldbe paid for out of the availablemaintenance fundsbelonging to the school district inwhich the election is held. We think this holding is still applicable to your inquiry concerning **the** expanse incurred for supplies.

The election under discussion is clearlya **school** election. There is explicit authority to the effect that the supplies are to be paid for by the school district rather than by the county inArticle 7,12 of the Election Code, which reads in part as follows8

"~11expanses 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 electiona."

**-3088-**Honorable Kenneth Bain, Jr., page 3 (M-645)

SUMMARY ------- Blection officers appointed to hold the election for district school trustees in each school district shall hold the regular election for county school trustees or county schoolboard members. Such election officials shallbe compensated solelyby the school district. and the district shall pay out of its availablemaintenance fund for the election suppliesused in conducting the election for county school trustees or county schoolboard members.

C. MARTIN Preparedby James S. Swearingen AssistantAttorney General
APPROVED: OPINION CCUWITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman Glenn Brown William J. Craig Malcolm Smith Fisher Tyler
MEADB F. GRIFFIN Staff Legal Assistant
ALFRED WALKER Executive Assistant
NOLA WRITE First Assistant -3089-