### AYTORNEY GENERAL oFTEXA~

Honorable 0. E. Gerron CountyAttorney, Ector County Odessa,Texas
Dear Sir: OpinionNo. O-6038 Re: Right of candidate for district office, StateRepresentative, to have name placedupon official ballot when request is signedby person other than candidate as agent. The question submitted in your request dated May 19, 1944, is as follows:

'Has a candidate for district office, State representative,properly compliedwith the provisions of Article 3112 of the Vernon Civil Statutes of the State of Texas,when his request to have his name placedupon the officialballot is signedby a person other than the candidate? For example: J.T. Rutherford, Candidateby J.A. Moore, Agent." Article 3112, Revised Civil Statutes, 1925, as amended by the 48th Legislature, 1943, Chapter 218, Paragraph 1, now reads: "Anyperson desiring his name to appear on the officialballot as a candidate for the nomination for Chief Justice or Associate Justice of the Court of CivilAppeals, or for Representative in Congress, or for State Senator when such SenatorialDistrict is composed of one OP more than one County, or"for Representative, or district judge or district attorney in representativeor judIcia1districts composed of one or more than one county, shall file with the chairman of the,executive commIttee of the party for the district, said requestwith reference to a candidate for a State nomination, OP if there be no chairman of such district executive committee, then wfth the chairman of each county composing suchdistrict, not later than the third Monday in May preceding the general primary. Such requestsmay likewisebe filednot later than said date by any twenty-ffve (25)qualified votersHonorable 0. E. Gerron, page 2 o-6038

residentwithin such district, signed and duly acknowledged. Immediatelyafter saiddate each such district chairman shall certify the names of all persons for whom such requests have been filed to the county chairman of each county composing suchdistrict. If said name is not submitted 01"filedwithin said time, same shall not be placedupon said ballot." The provisions ofArticle 3111,Revised Civil Statutes, 1925, through Section 1 thereof, are as follows:

"Therequest to have the name of any person affiliatingwith any party placed on the officialballot for a general primary as a candidate for the nomination of suchparty for any State office shallbe governed by the following:

"1* Such request shallbe inwriting signed and duly acknowledgedby the person desiring suchnomination, OPby twenty-five qualified voters. It shall state the occupation, county OPresidence and post-officeaddress of such person, and if made by him shall also state his age."
A careful reading of saidArticle 3112, as amended, discloses that the request of a candidate for party nomination for any of the district offices referred to therein must conform to the requirementswith reference to a candidate for State nomination. These requirementsare set forth in Section 1 of Article 3111, Revised Civil Statutes, 1925, above quoted. See McClain v. Betts, et al, (Civ.App‘) 95 S.W. (2d) 1311*

It is clear, therefore, that the Legislature has provided only two methods by which a candidate for party nomination for a district office can have his name placed on the official ballot, viz:

(1) The request for such ~~~~~m~~~~~~~lls~~hi~o~~~~fng, signed and duly acknowledgedby the p R tion, It shall state the occupation,county of residence and post-office address of such pe:rson, and also his age. It shall be filedwith the proper chairman or chairmen and within the time designated in said amended Article 3112.

(2) Such a reouest may likewisebe filed by any ,twentgfive (25)oualiftied voters residentwithin such district, signed and dulv acknowlednedbv each of said twenty-~five voters. It shall siate the oc&patron, county of residence and post-office address of said candidate,whose name is requested therein to be placed on the officialballot.Honorable 0. E. Gerron, page 

### 3 0-6038

We have foundno statutory authoritywhereby such a request can be signed and acknowledgedby an agent purporting to act for a candidate.

It is therefore the opinion of this department that your question shouldbe answered in the negative.

We desire to express our appreciation for the authorities and argument furnishedby you in your brief in this connektlon. We also commend you on the correct conclusion therein reached. Very truly yours ATTORNEY GENERAL OF TEXAS
By s/L.H. Flewellen L. H. Flewellen Assistant
I.RF:EP:wc

APPROVED MAY 

### 31, 1944 s/Grover Sellers ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/BWB Chairman