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## ORNEY GENERAL OFTEXAS

Honorable Ben F. Thorpe CountyAttorney Scurry County Snyder,

Texas
Dear Sir: OpinionNo. 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 filledMarch 2&h, under Article 2746-a?
We have received by telegram your request dated March 26, 1941, for an opinion from thla departmentwhich request has been considered. We quote from your telegram:

"ADVISEBY 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 officialballot, as a candidate for the office of trustee of a common schooldistrict as herein provided shall, at least ten days before said election, file a written request with the county judge of the county inwhich saiddistrict is located, requesting that his name be placed on the officialballot, 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 suchwritten 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 compliedwith the terms of this Act,I

.

Honorable Ben F. Thorpe, page 2 O-3340

and deliver a aufflclentnumber of prlntedballots and amount of suppliesnecessary 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 deliveredby the county judgeby mail or In any othermanner by him deemed best, to the prealdlng officer of aald election In sealed envelope which shallnot be openedby the election officeruntil the day of the election." Forty-one, Texas Jurisprudence,page 344, the following rulewith reference to the computation of time Is given:
"Inthe computation of time, technlcal construction of particularphrases are disregarded and the effect Isglven 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 partywho is to be affected by the notice." On page 3.45the followingrule is announced:
"Incomputing time before or after a specified date, day, act or event, the general rule is that either the day onwhich the period began or the day on which It expiredmust be includedand the other excluded, It being Improperto Include or exclude both

. . . .Much depends upon the facts of the particular case, for courts~111 always adopt that constructionwhich wT.11uphold and enforce rather thandestroy, bona flde transactionsand titles." This rule Is supported in the cases cited inWords and Phrases,vol. 4, pp. 677, 678.

We can see nothing in the statutoryprovisions of Article 2746-a, supra, thatwould 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 propositionwe believe that the properway to calculate the time Is to include the date of flllng, to-wit, &rch 26th, and to exclude the day of electlonwhich 1s April 5th. In thismanner we believe that the petition hasHonorable Ben F. Thorpe, page

## 3 Q-3340

been filed within the ten-dayperiod 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 candidateprintedupon the officialballot.

We have not had an opportunity to examine the petltion inquiredabout 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 thatwe have fully answered your Inquiry.
Yours very truly ATTORNEYGENERAL OF TEXAS

By s/HaroldMcCracken Harold McCracken

Aaalstant EM:ej:wc

APPROVED MARCH 27, 1941 s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS Approved Opinlon CommitteeBy a/BWB Chairman