., .



### 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" "Thepresent County Chairman of Houston Is contemplatingrunning for the State legislature. The questionhas arisen andwill arise at the next Committeemeeting whether he should resign as County Chairmanbefore the election, shquldhe make the race aforesaid. "Thewriter 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 resignbefore making another race for an entirelydifferent office. "Pleasegive me the Department's opinion on this question as we are anxious thatwe be entirely regular In the conduct of the Democraticprimaries and elections." Any eligibleperson may become a candidate for the office of Representative In the State Legislatureand 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 asmember of any district, county or city executive committee of a politicalparty 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 trustunder either the United States or this State, or in any city or town in this State." In our OplnlonNo. O-1835 we held that one cannotbe a candidate for the county chairmanshipof the Democraticparty and a candidate for anothercounty elective office at the same time. This rulingwas predicatedupon Article 2940 and Article 2978 of the Revised Civil Statutes -- the latter Article pro.~idlng: "Thename of no candidate shall appearmore than once upon the officialballot, except as a candidate for two ormore officespermitted+b; tt$eConstitution to be held by the sameperson. In the course of that opinion, referring to Article 2970, It is said: "The resultantpossible disqualificationand confusion are too obvious tomention. Suffice It to say that unless this statute is very closely followed,we could have a situationwherein a county chairmanwas supervising a contest of his own candidacy in a primary election." The resultantpossible confusionmentioned Is Indeed obvious, but no more so In the case stated than It would be If the county chairmanwere a candidate for re-election. In such a case, If there shouldbe a contest,he would, indeed,be personally disqualified to act In the contest,but that personal disqualificationpertains to his committee action and has nothing to do with his eligibilityas a candidate for another office. Whether or not themore candidacy of the chairman for another officewould 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 statutesnor 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 officehe 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 ATTORNEYGENERAL OF TEXAS This opinion considered and approved In limited conference