., . 

E L~ITORNE‘IS GENERAL 

F AS 

Honorable Joe Bailey Humphrey5 

County Attorney 

Houston county 

Crockett, Texas 

Dear Mr. Humphreys: Opinion No. O-2278 

Re: Is It necessary that a 

County Chairman resign 

before running for the 

State Legislature? 

Your letter requesting the opinion of this department is 

as follows" 

"The present County Chairman of Houston Is 

contemplating running for the State legislature. 

The question has arisen and will arise at the next 

Committee meeting whether he should resign as 

County Chairman before the election, shquld he make 

the race aforesaid. 

"The writer Is unable to find either case law or 

statute governing this situation. 

"It is the opinion of the writer that it Is not 

necessary for a County Chairman to resign before 

making another race for an entirely different office. 

"Please give me the Department's opinion on this 

question as we are anxious that we be entirely 

regular In the conduct of the Democratic primaries 

and elections." 

Any eligible person may become a candidate for the office of 

Representative In the State Legislature and have his name 

printed upon the ballot, unless some statute of the State 

forbids. 

Article 2940 of the Revised Civil Statutes declares that: 

"* * * nor shall anyone act as chairman or as member 

of any district, county or city executive committee 

of a political party who has not paid his poll tax, 
” , 

Honorable Joe Bailey Humphreys, Page 2, O-2278 

or who is a candidate for office, or who holds any 

office of profit or trust under either the United 

States or this State, or in any city or town in 

this State." 

In our Oplnlon No. O-1835 we held that one cannot be a 

candidate for the county chairmanship of the Democratic party 

and a candidate for anothercounty elective office at the 

same time. This ruling was predicated upon Article 2940 and 

Article 2978 of the Revised Civil Statutes -- the latter 

Article pro.~idlng: 

"The name of no candidate shall appear more than once 

upon the official ballot, except as a candidate for two 

or more offices permitted+b; tt$e Constitution to be 

held by the same person. 

In the course of that opinion, referring to Article 2970, It 

is said: 

"The resultant possible disqualification and confusion 

are too obvious to mention. Suffice It to say that 

unless this statute is very closely followed, we could 

have a situation wherein a county chairman was supervising a contest of his own candidacy in a primary 

election." 

The resultant possible confusion mentioned Is Indeed obvious, 

but no more so In the case stated than It would be If the 

county chairman were a candidate for re-election. In such 

a case, If there should be a contest, he would, indeed, be 

personally disqualified to act In the contest, but that 

personal disqualification pertains to his committee action 

and has nothing to do with his eligibility as a candidate 

for another office. 

Whether or not the more candidacy of the chairman for another 

office would Ipso.. facto as matter of law vacate his office 

of county chairman, we need not decide and do not decide. 

We find nothing in the statutes nor in the decisions that 

would make the present county chairman of your county 

ineligible for another office to be filled at the approaching 

primary election, or that would prevent his name being 

printed upon the ballots at the approaching election or elections 

as a candidate for the office he seeks. 

The opinion suggested by you in your letter, we think, is 

correct, and you are accordingly so advised. 
. - 

Honorable Joe Bailey Hwnphreys, Page 3, O-2278 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

s/ Ocle Speer 

BY 

Ocie Speer 

Assistant 

OS-MR+ge 

APPROVED MAY 9, 1940 

s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

This opinion considered and approved In limited conference