THE 

### ATTORNEY 

### GENERAL

Honorable Fred L. Blundell District Attorney 22nd JudicialDistrict Lockhart,Texas
Dear Sir: OpinionNO. 

### o-6251 Re: The use of pasters or stickers on ballots in the general electionunder the facts stated.
Your letter of September 27, 1944, requesting the opinion of this department on the questions stated therein, is in part, as follows:

"OurCounty Judge, M.O. Flowers, recently died, after having been elected as the Democratic Nominee for the next term. The Democratic Committee met, but failed to certify a name to be placed on the ballot as the Democraticnominee; so a write-in campaignwill be conducted for the office in the General Election on November 7th. "Thequestion has been broughtup as to whether OP not itwould be legal for a candidate to distribute gummed strips of paper,with his name printed thereon, to be pasted on the ballot when the voter casts his ballot, instead of writin the name of the candidate on the ballot.'! Generally speaking as stated in Corpus Juris Secundum. vol. 29, P. 

### 262;

'In some jurisdictions,statutesbarring the use of stickers or pasters on ballots have been sustained;and, under some provisions, the placing by a voter on a ballot of a paster OP stickerwith the name of the candidatewritten or printed thereon rendered invalid the ballot or the vote attempted to be so cast; but under other statutes the electors may use printed pasters for the insertion of names not on the ballot instead of writing them in the space reserved for their reception, although in some jurisdictionsthe use of pasters is authorized only in case of removal,death, or resignation ofHonorable Fred L. Blundell, page 2 

### o-6251

the candidateafter printing of the ballots.

"Pasters substantiallyconforming to statutory requirementsare sufficient,but ballots containing stickers on which the name of the candidate is variously and substantiallymisspelled cannot be credited to such candidate;and a stickerwhich is so noticeablydifferent in color from the ballot that it can be seen through the paper cannot be used. "Stickersor pastersmust be used In the manner and in suchplaces on the ballot as may be prescribedby statute,but mlnor departures from the terms of the statute,where there has been substantialcompliance and the intent of the voter can be asr;ertained, do not invalidate the ballot.

. 0 e . 0 Article 2979,Vernon's Annotated Civil Statutes, provides: "If a nominee dies or declines his nomination, and the vacancy so created shall have been filled, and such facts shall have been duly certified in accordancewith the provisions of this title, the Secretary of State or county judge,as the case may be, shall promptly notify the officialboard created by this law to furnish election supplies that such vacancy has occurredand the name of the new nominee shall then be printedupon the officialballot, if the ballots are not already printed. If such decli-~ nation or death occurs after the ballots are printed, OP due notice of the name of the new nominee is received after such printing, the officialboard charged with the duty of furnishing election supplies shallprepare as many pastersbearing the name of the new nominee as there are officialballots,which shallbe pasted over the name of the former nominee on the officialballot before the presiding judge of the precinct irdorseshis name on the bellot for identification, No paster shall be used except as herein authorized,and if otherwiseused the names pasted shall not be counted." The foregoing statute is the only one we havebeen able to find authorizing the use of pasters and such statuteprescribes the manner in which the pasters shall beused. It. fur-Honorable Fred L. Blundell, page 

### 3 o-6251

ther provides that no pasters shall be used except as authorized by said statute,and if otherwiseused the names pasted shall not be counted. Under the facts stated in your letter it is clear that the foregoing statutedoes not authorize theuse of pastersunder said facts and circumstancespresented in your inquiry. Therefore, it is our opinion that pasters delivered by a candidatewith his name printed thereon cannot be legally pasted on the ballot where the voter casts his ballot, instead of writing the name of the candidate on the ballot. Stated differently if the voter desires to vote for the candidate in question he may do so onlyby writing his name in on the ballot.
In connectionwith the foregoing statementwe direct your attention to Articles 2978, 2981 and 3009,Vernon's Annotated Civil Statutes.

This department held in an opinionwritten July 2, 

### 1936, Vol. 372, P. 

### 518,Letter Opinions of theAttorney General's Office, that the candidate for constablewho failed to make application~

within the time requiredby law to have his name placed on the ticket may nevertheless have his name written on the ballo,t by each individualvoter,but it may not be stamped on the ballot with the rubber stamp. This opinion,we believe, supports our answer to your question.

Summriz~iIg, you are advised, that pastersn?ust be used in the manner and in such places on the ballot es may be prescribedby the statu,tes and that our statutesdo not authorize theuse of pastersunder the facts and circumstancesunder consideration.
'Yours very truiy,
ATTORNEY GENERAL OF TEXAS AW:fo:wc
APPROVED CCT 10, 194" s/:Grover

Sellers ATTORNEY ';EKERALOF TFYJS BY s/ArdellWilliams ArdellWilliams Assistsnt

Approved Opir,ion

CommitteeFy s/BWB Chairmen

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