THE ATTORNEY GENERAL 

Honorable Fred L. Blundell 

District Attorney 

22nd Judicial District 

Lockhart, Texas 

Dear Sir: Opinion NO. o-6251 

Re: The use of pasters or stickers 

on ballots in the general election under 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: 

"Our County 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 Democratic nominee; 

so a write-in campaign will be conducted for the 

office in the General Election on November 7th. 

"The question has been brought up as to 

whether OP not it would 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, statutes barring 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 sticker with 

the name of the candidate written 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 jurisdictions the use of pasters is authorized 

only in case of removal, death, or resignation of 
Honorable Fred L. Blundell, page 2 o-6251 

the candidate after printing of the ballots. 

"Pasters substantially conforming to statutory 

requirements are sufficient, but ballots containing 

stickers on which the name of the candidate is variously and substantially misspelled cannot be 

credited to such candidate; and a sticker which 

is so noticeably different in color from the ballot that it can be seen through the paper cannot 

be used. 

"Stickers or pasters must be used In the 

manner and in such places on the ballot as may be 

prescribed by statute, but mlnor departures from 

the terms of the statute, where there has been 

substantial compliance 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 

accordance with the provisions of this title, the 

Secretary of State or county judge, as the case may 

be, shall promptly notify the official board created 

by this law to furnish election supplies that such 

vacancy has occurred and the name of the new nominee 

shall then be printed upon the official ballot, 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 official board 

charged with the duty of furnishing election supplies 

shall prepare as many pasters bearing the name of 

the new nominee as there are official ballots, which 

shall be pasted over the name of the former nominee 

on the official ballot before the presiding judge of 

the precinct irdorses his name on the bellot for 

identification, No paster shall be used except as 

herein authorized, and if otherwise used the names 

pasted shall not be counted." 

The foregoing statute is the only one we have been able 

to find authorizing the use of pasters and such statute prescribes the manner in which the pasters shall be used. 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 otherwise used the names pasted shall 

not be counted. Under the facts stated in your letter it is 

clear that the foregoing statute does not authorize the use of 

pasters under said facts and circumstances presented in your 

inquiry. Therefore, it is our opinion that pasters delivered 

by a candidate with 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 only by writing his name in on the ballot. 

In connection with the foregoing statement we direct 

your attention to Articles 2978, 2981 and 3009, Vernon's Annotated Civil Statutes. 

This department held in an opinion written July 2, 1936, 

Vol. 372, P. 518, Letter Opinions of the Attorney General's 

Office, that the candidate for constable who failed to make application~ within the time required by law to have his name placed 

on the ticket may nevertheless have his name written on the ballo,t by each individual voter, 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 pasters n?ust be used 

in the manner and in such places on the ballot es may be prescribed by the statu,tes and that our statutes do not authorize 

the use of pasters under the facts and circumstances under consideration. 

'Yours very truiy, 

ATTORNEY GENERAL OF TEXAS 

AW:fo:wc 

APPROVED CCT 10, 194" 

s/:Grover Sellers 

ATTORNEY ';EKERAL OF TFYJS 

BY s/Ardell Williams 

Ardell Williams 

Assistsnt 

Approved Opir,ion Committee Fy --.,__ s/BWB Chairmen