Honorable Joe Reaweber Opinion No. ~-711

County Attorney, Harris County Harris County Courthouse Re: Whether it ispermissible Houston, Texas 77002 to use in the general election voting machines having a straight ticket lever connecting arm between the contested race columns and the unDear Mr. Resweber: contested race columns.

Your recent letter to this office requests our opinion upon the abovematter. The factual basis foryour opinion request is stated inyour letter which we quote as follows:

"The effect of the use of the 'straight ticket lever connecting arm' aspresently installed onvoting machines tobe used in the forthcoming General Election is that when a person wishing to vote a straight Democratic Party ticket pulls the 'straight ticket lever,'
or as is sometimes called the 'party lever,' for Democratic Party candidates in the column of contested races, the pulling of such lever also triggers themechanism for also registeringhis vote for all,the Democratic Party candidates in a aeparat,eand different column containing only the names of candidates in all of the non-contested races. In this separate and different column ofnon-contested races, there are only DemoCratic Party candidates, there being no Republican Party candidates who are running-%opposed or in any non-contested race. "Thus, avoter wishing tovote a 'straight' Democratic Party ticket need only pull the 'straight ticket lever,' or 'party lever,' above the column ofDemocratic Party candidates In the contested races, and he thereby registers his vote for all Democratic Party candidates who are running for election, inboth the contested as well as the non-contested race columns."

-3435-Hon. Joe Resweber, page 2 (M-711)

The situation which you pose for our consideration is governed by theprovisions of Section 8 ofArticle 7.14 of the Texas Rection Code. Although youpoint out that there are only Democratic candidates in the uncontested races, the Texas Election Codemakes no specific provision for this situation and itmust be considered as though the persona in the uncontested race column are not all of the sameparty affiliation. Section 8 ofArticle 7.14 reads as follows:

"Sec. 8. Form ofballots onvoting machines. All ballots shall beprinted inblack ink onwhite clearmaterial, of such size aswill fit in the ballot frame, and in asplain, clear type as the apace will reasonably permit. In all elections, general, special, orprimary, adesignating letter and number may be affixed to the name of each candidate. Ingeneral elections, the party namemay be affixed to the name of each candidate, and the names of all candidates of one political party shall be soarranged that a voter may be able to casthis ballot for such candidates
ashemay desire or to cast one ballot for all the candidates of that political party. Inprimary elections, however, the ballot shallbe so arranged and the lever so locked as toprevent the voting of straight tickets. Should there be somany candidates and/or propositions tobe voted upon in any election as to exceed the capacity of one machine, more than onemachine shallbeprovided for each polling place, but inall cases where more than onemachine lanecessary to list the entire ballot, the names of all candidates for any particular office shall beplaced on onemachine. In lieu of using an additional machine for listing the ballot, uncontested races may beplaced in a separate column headed 'Uncontested Races,' with the name of each candidate appearing under the title of the office forwhich he is a candidate, and if the election is one atwhich party columns appear on the ballot, the party affiliation of the candidate shall be indicated byprinting the name of theparty which nominated him (orthe word 'Independent' ifhe is an independent candidate) after the candidate's name; and all such uncontested
races shall bevoted on as ablock, and the requirement of this section that the ballot in general elections be soarranged that the votermay be able tovote a straight ticket for all candidates of one

-3436-Hon. Joe Resweber, page 3 (M-711)

political party shall not apply to candidates appearing in the uncontested column. However, in no election may the ballot be so arranged that a voter is able tovote as ablock onpropositions.

"If the authorities charged with holding the election determine, in their discretion, that more than one voting machine isnecessary to accommodate the number ofvoters voting inan election precinct, then asmany voting machines shall be used for each precinct as such authorities deem necessary, and the same form ofballot containing the names of all candidates and/or propositions arranged in the samemanner shall beprovided for each machine." (Emphasis added.)

From the underscored portion of the statute just quoted it is clear that all uncontested races "shall" bevoted on as a block. We construe this tomean that avoter must vote for all candidates in the uncontested column ornone at all. The statute proceeds further toprovide that the requirement that ingeneral elections the ballot be soarranged that avoter may be able to vote a straight ticket for all candidates of one party isnot applicable to the uncontested race column. Taking these two requirements together, we conclude that avoter must vote for all of the uncontested candidates or for none of them, and that a straight ticket lever isnot authorized for the uncontested race column.

You are therefore advised that in our opinion a connecting arm lever from the straight party lever in the contested race column to the uncontested race column isnot authorized by the Texas Election Code, and in fact it is specifically prohibited by the underscored provisions of Section 8 ofArticle 7.1'1quoted above.
This opinion isnot tobe construed aspassing on the validity of that portion of Section 8 ofArticle 7.14, aupra, which requires that,

II

. . .all such uncontested races shall be voted on as ablock,

. . ."

SUMMARY
Section 8ofArticle 7.14, Texas Election Code, prohibits the use of a connecting arm between the straight party lever in the contested race column

-3437-Hon. Joe Resweber, page 4 (M-711)

to the uncontested race column.

Prepared by John Reeves Assistant Attorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. E. Allen, Co-Chairman Willi.amJ. Craig Roland Allen Max Hamilton Gordon Cass J. C. Davis

MEADE F. GRIFFIN Staff Legal Assistant

ALFRED WALKER Executive Assistant

NOLA WHITE First Assistant

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