Honorable R. B. Ritchey, Jr. 

County Attorney 

Jasper county 

Jasper, Texas 

Dear Sir: opinion WI. o-3195 

Re: Placing names upon official 

ballot In trustee elections 

in independ& school districts having more than 500 

scholastics. 

~Me are in receipt of your recent request for an opinion in which 

you submit the following questions: 

1Does the law require that official ballots ~with the names 

of candidates printed thereon be used in the election of school 

trusteea in an independent school district having over five hundred (500) scholastics? 

"If official ballots must be used in this case, how and when 

may ~candidates get their names on the official ballot and who determines this matter?" 

Your request is accompanied by a concise brief and discussion for 

which we wish to express our appreciation. 

Article 2746a, Vernon's Texas Civil Statutes, prekcribe,s the time, 

manner and form for printing official ballots in school trustee elections in 

common school districts and in independent school districts having fewer than 

five hundred scholastics but we find no comparable statute for other independent 

school districts generally, except Article 2776, R.C.S. 1925. 

Article 2776, R.C.S. 1925 reads as follows: 

"All elections shall be ordered by the board of trustees of 

each independent school district; and such order shall be made at 

least ten days before the date of election; and a notice of the 

order shall be posted at three different places in the district. 

The board of school trustees, at the time of ordering such election, shall appoint three persons to hold the election, and shall 

designate the places where the polls shall be open. Each person 

appointed to hold such election shall receive one dollar therefor, 
Honorable R. B. Ritchey, Jr., Page 2 (0-3&‘5) 

to be paid out of the general fund of the county as other claim6 

are paid. All such elections shall be held, and returns thereof 

made to the board of school trustees in accordance with the general election laws. The board of school trustees shall canvass 

such returns, declare the result of such election, and issue certificates of election to the persons ahown by such returns to be 

elected." 

Article 2978 R.C.S. 1925, of the general election lays, provides 

that: "In all election6 by the people, the vote shall be by official ballot 

* * * No ballot shall be used in voting at any general, primary or special 

election held to elect public officers, select candidates for office or determine questions submitted to a vote 'of the people, except the official ballot, unless otherwise authorized by law." The statute further provides that 

the names of candidates shall be printed on the ballot. 

In Opinion No. o-2029, a copy of which is enclosed herewith, we ruled 

that the board of trustees of atl independent school district containing more 

than 500 scholastics could fix the time and manner for placing names upon the 

official ballot in trustee elections. 

It is our opinion in the election of echool tiWEtee6 in independent 

school di6trict.6 having over 500 WhOlaEtiCS, official ballot6 with the name6 

of the candidates printed thereon should be used. Candidates may have their 

names printed upon the official ballot under the procedure fixed by order of 

the board of trustees a6 ruled in Opinion No. o-2029. 

Yours very truly 

APPROVED MAR 10, 1941 

IS/ Gerald C. Mann 

ATTORNEY GENERAL GF TEXAS 

ATTORNEY GRNERALOFTRXAS 

By /s/ Cecil C. Cammack 

Cecil C. Cammack 

A66iEtant 

ccc: js:lm / 

APPROVED 

OPINION 

COMMrITEE 

BY /6/ BWR 

CHAIFWIN