. . 

E A ORNEY GENERAL 

OF TEXAS 

Honorable Ben F. Thorpe 

County Attorney 

Scurry County 

Snyder, Texas 

Dear Sir: Opinion No. O-3340 

Re: May a County Judge legally receive a petition for the name 

of a school trustee to be placed 

on the ballot for an election to 

be held April 5, when the petltion Is filled March 2&h, under 

Article 2746-a? 

We have received by telegram your request dated 

March 26, 1941, for an opinion from thla department which 

request has been considered. We quote from your telegram: 

"ADVISE BY WESTERN UNION IF COUNTY JUDGE CAN 

LEGAILY RECEIVE PETITION FOR NAME OF SCHOOL TRUSTEE 

TO BE PLACED ON BALLOT FOR ELECTION APRIL 5TE PETITION FILED MARCH 26~1 UNDER ARTICLE 2746A PETITION 

OTHERWISE LEGAL." 

Article 2746-a, Revised Civil Statutes, reads as 

follows: 

Any person desiring to have hls name placed 

on said official ballot, as a candidate for the 

office of trustee of a common school district as 

herein provided shall, at least ten days before 

said election, file a written request with the 

county judge of the county in which said district 

is located, requesting that his name be placed on 

the official ballot, and no candidate shall have 

his name prlnted on said ballot unless he has 

complied with the provisions of this Act; provided 

that five or more resident qualified voters in the 

district may request that certain names be printed. 

The county judge, upon receipt of such written request, and at least five days before the election, 

shall have the ballots printed as provided In this 

Act, placing on the ballot the name of each candldate who has complied with the terms of this Act, 
I . 

Honorable Ben F. Thorpe, page 2 O-3340 

and deliver a aufflclent number of prlnted ballots and amount of supplies necessary for such 

election to the presiding officer of the election at least one day before said election is 

to be held, said election supplies, ballots, boxes,and tally sheets to be delivered by the county 

judge by mail or In any other manner by him deemed best, to the prealdlng officer of aald election 

In sealed envelope which shall not be opened by 

the election officer until the day of the election." 

Forty-one, Texas Jurisprudence, page 344, the following rule with reference to the computation of time Is 

given : 

"In the computation of time, technlcal construction of particular phrases are disregarded 

and the effect Is glven to the intention of the 

parties as ascertained from the context or subject matter. Statutes regulating the general subject of notice are construed, as regards the computation of time, most liberally In favor of the 

party who is to be affected by the notice." 

On page 3.45 the following rule is announced: 

"In computing time before or after a specified 

date, day, act or event, the general rule is that 

either the day on which the period began or the 

day on which It expired must be included and the 

other excluded, It being Improper to Include or exclude both . . . . Much depends upon the facts of 

the particular case, for courts ~111 always adopt 

that construction which wT.11 uphold and enforce 

rather than destroy, bona flde transactions and 

titles." 

This rule Is supported in the cases cited in Words 

and Phrases, vol. 4, pp. 677, 678. 

We can see nothing in the statutory provisions of 

Article 2746-a, supra, that would lndlcate that the general 

rules given above are not applicable to the question submitted by you. 

In construing the general rule and applying the 

same to your proposition we believe that the proper way to 

calculate the time Is to include the date of flllng, to-wit, 

&rch 26th, and to exclude the day of electlon which 1s 

April 5th. In this manner we believe that the petition has 
Honorable Ben F. Thorpe, page 3 Q-3340 

been filed within the ten-day period provlded for in the 

statute, and that the County Judge may properly receive 

and file said petition and proceed to have the name of the 

candidate printed upon the official ballot. 

We have not had an opportunity to examine the petltion inquired about In your telegram. This opinionis 

written upon the asaumptlon, given In your telegram, that 

the petltlon Is In the form required by law. 

We trust that we have fully answered your Inquiry. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s/Harold McCracken 

Harold McCracken 

Aaalstant 

EM:ej:wc 

APPROVED MARCH 27, 1941 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinlon Committee By a/BWB Chairman