HonorableR. B. Ritchey, Jr.

CountyAttorney Jasper county Jasper, Texas Dear Sir: opinionWI. 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 officialballots~withthe names of candidatesprinted thereon be used in the election of school trusteea in an independent school districthaving over five hundred (500) scholastics? "If officialballots must be used in this case, how and when may ~candidates

get their names on the officialballot and who determines this matter?" Your request is accompaniedby a concisebrief 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 officialballots in school trustee elections in common school districts and in independent school districts having fewer than five hundred scholasticsbut we find no comparable statute for other independent school districts generally,exceptArticle 2776, R.C.S. 1925.

Article 2776, R.C.S. 1925 reads as follows: "All elections shallbe orderedby the board of trustees of each independent school district;and such order shallbe made at least ten days before the date of election; and a notice of the order shallbe posted at three differentplaces 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 shallbe 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 shallbe held, and returns thereof made to the board of school trustees in accordancewith 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 ahownby such returns to be elected." Article 2978 R.C.S. 1925, of the general election lays, provides that: "In all election6by the people, the vote shallbe by officialballot * * * No ballot shallbe 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 'ofthe people, except the officialballot, unless otherwise authorizedby law." The statute furtherprovides that the names of candidates shallbe printed on the ballot.

In OpinionNo. o-2029, a copy of which is enclosed herewith,we ruled that the board of trustees of atlindependent school district containingmore than 500 scholastics could fix the time and manner for placing names upon the officialballot in trustee elections.

It is our opinion in the election of echool tiWEtee6 in independent school di6trict.6

having over 500 WhOlaEtiCS, officialballot6 with the name6 of the candidatesprinted thereon shouldbe used. Candidatesmay have their names printed upon the officialballot under the procedure fixedby order of the board of trustees a6 ruled in OpinionNo. 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