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<p>OF TEXAS 
Avsnn-. TEXAS 
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<p>I ’ </p>
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<div class="ocr">Hen, Otto *. Moore, March 6, 1939, page 2

before time for thia maa te make bead, ebjecticn was
made that he waa not qualified to act as Judge of the
election at the time he was elected te an office. There
was no protest against hie acting as judge, so far as I
knew, at the time he acted as Judge of election, neither
was there any contest of the election had.‘

The above question calle for an epinien as to whether er net
such a person is eligible to hold the office mentioned in view of Article
2940 which reada in parts

“Ne ene who holds an office of profit er trust
wader the United States ov this State....0r whe is a
candidate for effice,....shall act os judge, clerk or
superviser of any election...”

The establishment of the office of Justice of the Peace is pro-~
wided fer under Article 5, Section i of the Constitution of Texas. Also un-
der Article § of the Constitution, we find the following Section 15;

“.erekn each such precinct there shall be elected
at each biennial election, one justice ef the pence and
ene constable, each of whom shall hold his office for
twe years and watil his succeseer shall be elected and
qualified; eese”

Article 2373 provides:

“The qualified voters of each justice precinct in
this State, at each biennial election, shall elect ene
justice of the peace, styled in this title ‘justice,’ who |
shall hold his office fer twe years, Each justice shall
give boad payable to the county judge in the cum of
ene thousand dellars, conditioned that he will faith-
fully and impartially discharge the duties required of
hisn by lew, and will promptly pay ever to the party
entitled to receive it, all moneys that may come into
his hands during his term of office.”
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<div class="ocr">Hen. Otte P. Meore, March 8, £939, Page 3

Eligibility te a State office belongs equatiy te all persens act
enchaded by the Constitution or statutes. We are unable to find any provi-
sica in the Constitution ov the statutes of this State preacribing rules of
eligibility fer qualifying the person to hold the office of Justice of the Peace,

Article 2948, supra, specifically prebibits ens who is a candi-
date for State office from acting as judge, clerk er supervisor of any general
election. But as declared in Savage vs. Umphries, 15 SW $95, wherein the
question was raised, the provisions of this statute were directed enly to
the proper holding and conducting of the election und not te the eligibility
or disqualification of a person otherwise qualified, whe received the ma-
jority of votes at such election, te hold office.

Where the Coustitution is ee framed which contains ne provi-
sions defining the terms “who shall be eligible to office", such, we think,
eupperts the fact that the intention of the framers of the Constitution was
te confide the election of suck officers to the untramme)led will of the elec-
tors. The principle upon which our view is expressed is well laid down in
the case of Heary Stouself va. State of Texas ex rel Gustavus Lacour (Tex.
Sup. Ct.) 15 Sw 1190, 12 L. R. BS, 364.

i is, Cherefere, the eplaion of thic Department that « person
who nected as judge at the general election wherein he veceived a majority
of the legal votes cast for the office for which he was a candidate, in vicla-
tien of Article 2940, RK, C. 5., is not merely by reason of such vielation
disqualified from holding the office.

Very tealy yours
ATTORNEY GENERAL OF TEXAS

By

wen J. RB. King
Assistant

Wmki A
APFROVED:

/a/ Gerald C. Mann
ATTORNEY GENERAL OF TEXAS
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