### 839

OFFICE OF THE ATTORNEY GENERAL OF TEXAS

county Attorney San saba county San Saba, Texas

Dear Mr. Valtsrs,

o have his nap is&al ballot as a to: trustee shall at lead efore eleotion file a writuest ulth the County Judge of ty ia vhioh std.&

distriot is looabe&,requesting that his name bo ,plaoed on the offi&&l ballot, eto, azxl further providingthat fire oc more residentqualifiedtoters in the diotriot xiy request that certainnnms be pri.nteclr Oelpt 

## of The County Judge, upon resuah written request, sab atHonorable G. A; Valters - page 2

least five days before the election, shallhave the ballots printed,as povided in this act, placiug on the ballot the uame of oath candidateoh0 has colnplied

with the terms 'ofthis act, etc.
SThe Count7 Judge wants to huor whether or hot this act applieswhere there are RIOI-8than 500 scholastios, etc, aa 1s the Case in the Sau Saba Indepeudent &hoe1 Dlmtrict.m

Article 2746a, Vernon*8 Revised Civil Statutaa, so far as pertinenthere, reads as follows8

*All of the ballots for the election of o school trustee in comamu schooldlatricta aud in Dependent school districts having fewer than five hundred (000) scholasticsa8 shown b7 the last pcecedlug soholastlccensus roll approvedby the State Departmsent

of S&&cationami exclusive of transfers shall be printedd&h black ink on clear white paper, of suffioient thickmess to prevent the marks thereon being scan through the paper, and be of mtform style aud dimenslon~at the top of tho ballot there shallbe printed *Official Ballot, IndoperdentSchool District,' ‘t;k

number oi'

name of the school district iz which tho electionis to be held to be filled in by the Judge of the countywheu he orders the ballots prlntecj. Any persondesiring to have his name placed
on eald officialballot, as a caMlzLdate for tho office of trustee of a~ comnon school district or of au iudepenientschool d&3- trict as herein provided shall, at lesst ten daye before said election,file a vritten request with the county judge of the county in which said district is located, requestingthat his nanv be placed on the officialballot, and no candldatoshall have his naueprinted on said ballot unloss he has con~plied wit&the pwisions of this Act.

, ~xwlded that five or more

### 841

Eonorablo ii.

A. Valters - pags 3

resident qualifiedrotors ia the dietrict my request that oertaioname be @.nted. .The

county &d&e, upon mooipt of such vrittun requsat, and at Mast five days bGicw3 t&B elactlon, shallhare the ballots pcfnted as potidedilltbioAot,pl on the ballot the name4

of oath tevhOhas oompliedvith the tams of thlo Act, and dolive? sj enfflcient aumrber of gclntalballoto and amOunt of supplies neoeesaryfor euch election to the prepiding offioer Of the 0leOtionat lea& one day before said efection is to be held, said election supplfes,ballots, boxes, a@ tally sheets to be delimxwd by the county judgeby n&l or in &my other rannerby h3.m deemed beat, to the presidingofficer of said electlooin sealed envelopeswhich aball not be openedby the election ofpiceruntil the day of the elsotion.* 9~ +w

It Is thus 98011

the authority of the, County Judge vlth respect to the ord8rinin, - and holding of the electionof tNSt0W is limitad to comeron 80h001dfmtrlctsand independent schooldlstrlctsharing fwaer than So0 scholastics, as ahwn by the lad praoeding scholasticc%nsusroll, ap~oved by the State Depq%sxit Of IfduoatfOn.Uherc;rs, in Other dietrlcts, the **Board** Of TNstees has such authority. (drtiCle 2748, Vernon~s Civil Statutes).

The rieva bore exproosed **we** clearly implied in
onr Opinion X0, 0-Sm.

Tours vary truly
ATTORYl3T

B- OF T

BY

OS-&R