E NEY GENERAL 

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

AITORNEY GENERAI. 

March 12, 1970 

Hon. Dwayne V. Overstreet Opinion No. M-594 

County Attorney 

Hardln County Re: 

gountze, Texas 77625 

Whether deadline for filing 

for office of County Treasurer 

is extended under facts stated; 

and if it is, the date to 

Dear Sir: which It is extended. 

In your letter requesting an 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 assessment due to the Democratic Party. 

Mr. Haynes had previously deposited $50.00 

with the party and filed as a candidate for 

re-election. The chairman of the Democratic 

Party in and for Hardln County, Texas, states 

that Mr. Haynes told him by telephone on the 

23rd day of February, 1970, some time before 

the final hour of the deadline for payment of 

the balance of the assessment that he was going 

to withdraw from the race of County Treasurer. 

On February 24, 1970, the chairman to the Democratic Party handed to me a copy of the following 

letter: 

'February 24, 1970 

Honorable Herman Adams 

P. 0. Box 845 

Silsbee, Texas 77656 

Dear Herman: 

With much regret, due to recent illness 

that has restricted my activities for the next 

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Hon. Dwayne V. Overstreet, page 2 (M-594) 

several weeks, it was neceseary for 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 provided by Section 

2c of Article 13.12 of the Texas Election Code. 

In addition to the foregoing facts we are Informed 

that the County Democratic Chairman made a public announcement 

that he was accepting applications through 6 p.m., March 10, 

1970, for the office of County Treasurer and such notification 

was carried In the Beaumont Enterprise, a newspaper of general 

circulation in Hardln County. 

In view of the foregoing facts you have proposed the 

following question: 

"Is the filing deadline for the office of 

County Treasurer under this fact situation extended 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 particular party primary and offlce,lnvolved, 

as provided in this paragraph: (I) If between 

the fifth day preceding the first Monday fn 

February and the 30th day preceding the general 

primary, both dates included, any candidate for 

an office dies, if the candidate had complfed 

with all prerequisites for 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 general prfmary, both dates included, 

any candidate who Is seeking nomination to an 

office which he then holds, withdraws or is declared Ineligible for election to that office; 

-2832- 
Hon. Dwayne V. Overstreet, page 3 (M-594) 

or (III) if between the first Monday In February 

and the 30th day preceding the general primary, 

both dates Included, the only candidate who has 

filed for a particular office In the primary of 

that party withdraws or Is declared lnellglble. 

In the enumerated circumstances, the name, of 

the deceased, withdrawn, or InelIgIble candidate 

shall not be printed on the ballot, and appllcations for that party's nomination for that 

office may be filed not later than 6 p.m. on 

the 15th day following the death, withdrawal, 

or declaration of Ineligibility of the candldate; provided, however, that where the death, 

withdrawal, or declaration of 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. Notwithstanding the provisions of 

Paragraph 2b of this article, an application 

which is not received by the chairman until 

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 instances where a candidate (who Is an officeholder) 

decides not to run and whose name will not.appear on the ballot. 

In other words, It was the Intention of the Legisiature to grant 

to those individuals who would seek the office If the incumbent 

decided not to run an opportunity to have their name placed upon 

the ballot In those instances where the incumbent files for reelection and then decides not to have his name placed on the ballot. 

In the Instant case the Incumbent's name will not appear 

on the ballot for the reason that he did not pay the balance of 

the assessment (Attorney General Opinion No. WW-1294 (1962)) and he 

notified the County Chairman of the Democratic Party that he was not 

seeking reelection. It is our opinion that the incumbent "withdrew 

his candidacy by his refusal to pay the assessment within the meaning of Subdivision 2(1)(i) of Section 2a of Article 13.12. 

-2833- 
Hon. Dwayne V. Overstreet, page 4 (M-594) 

You are therefore advised in answer 

that the time for filing applications for the 

nomination for the office of County Treasurer 

under the facts submitted by you, is extended 

March 10, 1970. 

SUMMARY 

to your question 

Democratic Party's 

of Hardin County, 

until 6 p.m., 

Under the provisions of Section 2a of 

Article 13.12 of the Texas Election Cod,e the 

time for filing applications for the Democratic 

Party's nomination for the office of County 

Treasurer of Hardin County was extended until 

6 p.m.,-~,March 10, 1970, by the action of the 

Incumbent County Treasurer notifying the County 

Chairman of the Democratic Party 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, 

Prepared by John Reeves 

Assistant Attorney 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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