AYTORNEY GENERAL 

oFTEXA~ 

Honorable 0. E. Gerron 

County Attorney, Ector County 

Odessa, Texas 

Dear Sir: Opinion No. O-6038 

Re: Right of candidate for district 

office, State Representative, 

to have name placed upon official ballot when request is 

signed by 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 complied with the provisions of Article 3112 of the Vernon Civil Statutes 

of the State of Texas, when his request to have his 

name placed upon the official ballot is signed by 

a person other than the candidate? For example: 

J.T. Rutherford, Candidate by J.A. Moore, Agent." 

Article 3112, Revised Civil Statutes, 1925, as amended by the 48th Legislature, 1943, Chapter 218, Paragraph 1, now 

reads: 

"Any person desiring his name to appear on the 

official ballot as a candidate for the nomination for 

Chief Justice or Associate Justice of the Court of 

Civil Appeals, or for Representative in Congress, or 

for State Senator when such Senatorial District is 

composed of one OP more than one County, or" for Representative, or district judge or district attorney 

in representative or judIcia1 districts composed of 

one or more than one county, shall file with the chairman of the,executive commIttee of the party for the district, said request with 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 such district, not later than the 

third Monday in May preceding the general primary. 

Such requests may likewise be filed not later than 

said date by any twenty-ffve (25) qualified voters 
Honorable 0. E. Gerron, page 2 o-6038 

resident within such district, signed and duly acknowledged. Immediately after said date 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 such district. 

If said name is not submitted 01" filed within said time, 

same shall not be placed upon said ballot." 

The provisions of Article 3111, Revised Civil Statutes, 

1925, through Section 1 thereof, are as follows: 

"The request to have the name of any person affiliating with any party placed on the official ballot 

for a general primary as a candidate for the nomination of such party for any State office shall be governed by the following: 

"1 * Such request shall be in writing signed and 

duly acknowledged by the person desiring such nomination, 

OP by twenty-five qualified voters. It shall state the 

occupation, county OP residence and post-office address 

of such person, and if made by him shall also state his 

age." 

A careful reading of said Article 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 requirements with reference to a candidate for State nomination. These requirements are 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 acknowledged by 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 filed with the proper chairman or chairmen and within the time 

designated in said amended Article 3112. 

(2) Such a reouest may likewise be filed by any ,twentgfive (25) oualiftied voters resident within such district, signed 

and dulv acknowledned bv 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 official ballot. 
Honorable 0. E. Gerron, page 3 0-6038 

We have found no statutory authority whereby such a 

request can be signed and acknowledged by an agent purporting to 

act for a candidate. 

It is therefore the opinion of this department that 

your question should be answered in the negative. 

We desire to express our appreciation for the authorities and argument furnished by 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