E NEY GENERAL

AUSTIN. TEXAS 7S71P CIIAWPURD c.M*R-rxN AITORNEY GENERAI.

March 12, 1970

Hon. Dwayne V. Overstreet OpinionNo. M-594 County Attorney Hardln County Re: gountze,Texas 77625 Whether deadline for filing for office of County Treasurer is extendedunder facts stated; and if it is, the date to Dear Sir: which It is extended.

In your letter requestingan opinion you set out the following facts which we quote:

"On February 23, 1970, Mr. Clyde Haynes, the duly elected County Treasurer of Rardin County, Texas, failed to pay the balance of his assessmentdue to the Democratic Party. Mr. Haynes had previouslydeposited $50.00 with the party and filed as a candidatefor re-election. The chairmanof the Democratic Party in and for Hardln County, Texas, states that Mr. Haynes told him by telephoneon the 23rd day of February, 1970, some time before the final hour of the deadline for payment of the balance of the assessmentthat he was going to withdraw from the race of County Treasurer. On February 24, 1970, the chairmanto the Democratic Party handed to me a copy of the following letter: 'February24, 1970 HonorableHerman Adams P. 0. Box 845 Silsbee,Texas 77656
Dear Herman: With much regret, due to recent illness that has restrictedmy activities for the next

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severalweeks, it was necesearyfor me to withdraw from the race of County Treasurer. Sincerely,

/s/ Clyde Haynes Clyde Haynes, Co. Treas. Hardin County, Texas,."' The above letter la not "duly acknowledged" as providedby Section 2c of Article 13.12 of the Texas Election Code.

In addition to the foregoingfacts we are Informed that the County DemocraticChairmanmade a public announcement that he was acceptingapplicationsthrough 6 p.m., March 10, 1970, for the office of County Treasurerand such notification was carried In the Beaumont Enterprise,a newspaperof general circulationin Hardln County.

In view of the foregoingfacts you have proposed the followingquestion:

"Is the filing deadline for the office of County Treasurerunder this fact situationextended for 15 days. If It Is extended for 15 days, is the final date March 10, 1970, at 6 p.m.' Section 2a of Article 13.12 of the Texas Election Code reads as follows:

"2a. The filing deadline stated in Paragraph 2 of this article shall be extended for the particularparty primary and offlce,lnvolved, as provided in this paragraph: (I) If between the fifth day precedingthe first Monday fn February and the 30th day precedingthe general primary,both dates included,any candidatefor an office dies, if the candidatehad complfed with all prerequisitesfor having his name placed on the ballot which he was required to perform by the date of his death; (if) if between the first Monday In February and the 30th day preceding the generalprfmary,both dates included, any candidatewho Is seekingnominationto an office which he then holds, withdraws or is declared Ineligiblefor election to that office;

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or (III) if between the first Monday In February and the 30th day preceding the general primary, both dates Included,the only candidatewho has filed for a particularoffice In the primary of that party withdraws or Is declared lnellglble. In the enumeratedcircumstances, the name,

of the deceased,withdrawn,or InelIgIblecandidate shall not be printed on the ballot, and appllcations for that party's nominationfor that officemay be filed not later than 6 p.m. on the 15th day following the death, withdrawal, or declarationof Ineligibilityof the candldate; provided,however, that where the death, withdrawal,or declarationof lnellgibillty occurs less than 15 days before the 25th day preceding the primary, the deadline for filing shall be 6 p.m. on the 25th day preceding the primary. Notwithstandingthe provisionsof Paragraph 2b of this article, an application which is not received by the chairmanuntil after 6 p.m. on the 25th day shall not be timely, and applications

mailed but not actually received by that time shall not be accepted for filing. Further, notwithstanding the provisions of Article 13.08 or any other provision of this code, the full amount of the assessment or filing fee must be received by the thairman not later than 6 p.m. on the 25th day.
It appears that the purpose of enacting the provisions of Subdivision (ii) of Section 2a was to extend the filing deadline In those instanceswhere a candidate (who Is an officeholder) decides not to run and whose name will not.appearon the ballot. In other words, It was the Intentionof the Legisiatureto grant to those individualswho would seek the office If the incumbent decided not to run an opportunityto have their name placed upon the ballot In those instanceswhere the incumbentfiles for reelection and then decides not to have his name placed on the ballot.

In the Instant case the Incumbent'sname will not appear on the ballot for the reason that he did not pay the balance of the assessment (AttorneyGeneral Opinion No. WW-1294 (1962))and he notified the County Chairman of the DemocraticParty that he was not seeking reelection. It is our opinion that the incumbent "withdrew his candidacyby his refusal to pay the assessmentwithin the meaning of Subdivision 2(1)(i) of Section 2a of Article 13.12.

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You are thereforeadvised in answer that the time for filing applicationsfor the nomination for the office of County Treasurer under the facts submittedby you, is extended March 10, 1970.
SUMMARY to your question DemocraticParty's of Hardin County, until 6 p.m.,

Under the provisionsof Section 2a of Article 13.12 of the Texas Election Cod,e the time for filing applicationsfor the Democratic Party's nominationfor the office of County Treasurer of Hardin County was extendeduntil 6 p.m.,-~,March

10, 1970, by the action of the IncumbentCounty Treasurer notifying the County Chairman of the DemocraticParty of his intent to withdraw from the race of County Treasurer after first filing for reelection,together with his refusal to timely pay the balance of his assessment.
YOU& very truly,

Preparedby John Reeves AssistantAttorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Acting Co-Chairman Gordon Cass Jim Swearingen
MEADE F. GRIFFIN Staff Legal Assistant
ALFRED WALKER Executive Assistant
NOLA WHITE First Assistant

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