603 

Bon. A. C. Wtiborn 

Mstrict Attoriwy 

Rowton 2, Texas 

28, 1949 

Opinion Xo. V-865. 

Re: The applicability of the 

RSecret Ballot Bill" to 

lmlI6lpa1, independeilt 

school-distriot, looal 

option, road bond, and 

other electloBs, es&l Islated questions. .~ Attention: W. K. Richardson 

Reference is made to gom.reqoest of recent 

date vherein YOU propound a number 0r questiona concerninn the a~pliaabi1it.y of the Sewet Ballot Bill to-varLoos 

\ 

elecM.oxie . - 

Your fIrat question is as follows,: 

"Do the psovlsiow of B. B. 357, present, 

Legislature, apply to any and all eleations 

in Rarris county? 

Article 2923, V,C.S., the,first statute In 

Title 50 on elections, provides: 

*The provisions of'this Title shall apply 

to all electLone held In this State except as 

othemrlse provided herein.' 

\ Article 2978, V.C.S., provides in part% 

'In all eleotions by the people, the vote 

shall be by Official'ballot', whhh shall be 

numbered, awl election& so guarded and aonduoted as to detect fraud and preserve the 

parity of the ballot. Ro ballot shall be wed 

in voting at; any general, prilltary or special 

election held to eleot public officers, select 

candidates for office or determine questlans 

submItted to a vote of the people, except the 
eon. A. c; Winborn, page 2 (V-865) 

official ballot. unless otherwlse authorized 

b&& At the top of the official ballot 

e printed in large letters the words 

'Official Ballot.'" 

, ~tlcle 2980,~, $.c:‘;*; r&Oh prescrlbes the 

form of the official ballot, was amended by H. Bi 357, 

Acts of the slat Legislatum;: and said.@tlole~noy pm?::. 

videsi ,- 1. ., *, i1 _ : _ _ _.., " ""I" -2~. ?Yrq3 

V,'UAii'biilol& ahall be printed wl'ch black-~ 

:Ank on alear whlte.paper of uniform style and 

.' ,of:.sufficient thi&uess to prevent the marks 

thereon from being seen through the paper. 

The tickets of each,politlcal party shall be 

placed~oz.prLnted on one(l) ballot, arranged 

side by side in colmns qeparated~by a parallel rule. The spaoe which shall contain the 

title of the office and the name of the caud&late shall be of uniform style and type on 

z said tickets. .-~.At. .the .~~ead,.c3f.:eaoh..ticket 

.: " .sbalLbe.,printed the me of-the party; ', -:.' :

tlup~~ '&& 0&&l && &$e sh$li;. & _. i;rj.: I 

in the top right-hand corwr a detachable stub 

formed by~.a~perforated-~e~uvhiOh:.shall start 

two (2) inches~belaw&he top tilght-hand corner 

of:the.~ballot ana..?iQall~~qxteqid two .(Z!)~lnches 

to t&3: J,eft-:w t$enoe~~~*o.,~the:$op edge:of~:the 

ballot. T&on the stub thw fom&ther+ ahall 

be no printing or wrltlng except the number of 

~,~suoh~~ballot~m%l the date:lqnd,deslguatl~ of 

the election, and th&wmg"l?OTE~ l$O$R'S 

SI~WATURE TO BE AFF'IXED OW TEE REVERSE SIDE.' 

All~-b~lo~tgs prepared:.f~S.~art:;;election ehall be 

nwuber~~~~-: tonseoutively.,;be~w,aith.~o. 1,:. 

and the identical nmnber. tha$ ,appears on the 

stub shall also appear in the top left-hand 

corner~~of,~the bal.&ot~i. :,3!hose..Identlcal numbers. 

18 the tdp left-hand corn6r and on the Stub in 

the;top,:right~:co~~rshalL~be:pr~ted or 

stamrped~is~.conseaatlve-order, on'all the ballots~.prepared~fer~~eleotl~n,.ti~h a ?eP,: .~ 

rate nmnber'.fm.~ each baJLgt:j Matthew, time .of~ 

prlnting:and~~before:they amj,div%ded up and 

delivered to the~elec>i~~~j.&dges. ,, ~, 

.~.,~ ,, ., .~,, ~, 
. . 

ROJL, A. C, Winborn, page.3 (V-865) 

bwhen a pa&y h@ not mmlnated a full 

ticket, the,titles. of those nominated shall be 

in posltl~~opposlte t&e, same office in a full 

ticket, and the titles of the offices shall be 

printed In the corresponding posltlons in 

spaces where no nomln%.tlons have been made, 

In the blank colums aud independent oolumus, 

then titles of the offices shall be'printed in 

all blenk spaces to correspond with a full 

ticket. When presidential electors are to be 

voted~ upon, their names shall not appear on 

the official ballot, butthe names'of the candidates for President; and Vice-President, respectively, of the polltlcal,parties, as defined in the law,.shall appear at the head of 

thelz~respectlve.tSckets, and t~;votes for 

presidential electors;of the va14ous parties 

shall be oenvass.ed,'counted, and returns made 

in accordance with Artic&es 30798 and 3079B, 

@the Revised Civil Statutes of Texas, 1925. 

When Constltutitil &mndmen~s or other propositions are tobe voted on, ~IJ?~ saine shall 

appear cage on each~ballot in uuiform style 

\=-e*'.~.~ '~ Article.3109, as.antezxled, bf Howe Bill 357, 

prescribes the same form .of ballot~for~prlmary elections 

as that-prescribed In Article 298Oi.. Consequently, it is 

not necessary to copy me .p??ovlslons.of said Article, 

We next call gouia$tention ~to Sectioni3 5, 7; 

and 7a of Howe~Blll.357, which read as fql+wsr 

"Sec. 5. That Article 3122;Title 50, 

Chapter 13, oft t&e Revised Civil Statutes of 

the State of,Texafi,lg25, be, and the same is 

hereby amended so as to read as followS: 

\ ".'ILl.tlcle 5122.~~ Piedaution~ Against Fraud. 

'9he~ SW precaut&ans'reqaired~ by law to 

secure the purity of a ballot box In general 

elect~ions, in regard,%0 the ballot boxes, looking the ballot boxes, sealing the same, watch* 

rul care of them, the secrecy in preparing the 

ballot in the booth or pl&ce prepared for voting and the prooedure involving the removal of 

the detachable stub end the depositing of the 

. 
HOG. A. C, Winborn, page 4 (V-865) 

ballot and the stub in the proper boxes shall 

be observed in all primary slections;l" 

'Sec. 7. The provisions of this Act 

shall not apply to elections in whiah voting 

machines are wed as provided fez elsewhere 

in this title." 

'Sec. 7-A. The provlslons o? Articles 

2900, 3008, and 3012, Revised Civil Statutes 

of Texas, ,1925, as amended by this Act, relative to the form numbering and secrecy of the 

ballot, as well as the procedure involving 

the selection of the ballot and the removal of 

the detachable stub, shall apply to all prlmary elections as well as those held under or 

by authority of Chapter 467, Acts, Secoqd 

Called Sesslon, Forty-fourth Legislature, as 

amended, except as provided l.n Section 7 hereof." 

\ 

A careful aaalysls of the above statutes shows 

that H.B. 357 is applicable to general, prlmry and local option elections (Cha ter 467, Acts Second Called~ 

Session, 44th Legislature P with the exception 0r electlans where voting machines are wed.. Also, the pertinent provialons are applloable to elections where constitutional amendments are voted on, for Artlcle~ 2980 

provides that "the ssme shall.appear once on each ballot in unir0m style and type." In order for this orflee to determine whether the "Searet Ballot Bill" IS 

applicable to elections other than those just enumratied, 

it will be necessary for us'to be advised as to the nature 0r the election. 

In keeping with the above statementue now 

quote *our second and third questions as foll?ws: 

"Is it the duty of the County Clerk to 

fumi+h stub boxes and ballot boxes, or either 

0r same for mnlcipal elections (primary and 

geueralj and lndepe%@ent school district eleotlons? 

'Is it the imtention 0r this Act that 

Harris County purchase, own,sndprepare the 

stub boxes to be wed or is It intended that 

the munlclpalitles and independent school dlstrlots purchase an6 own their own stub boxes, 
. . 

Hon. A. C. Winborn, page 5 (V-865,) 

and at each el&tlon that the County Clerk 

check and prepare these boxes for delivery 

to the Ms$rict Clerk?" 

We vi11 first aousider the port$.On of~your 

questions relatlve~ to-mimlclpal el?ctlons. This, dlscwzarrlon~wlll Gt~incltlde the num6rous special elections 

that may-be held wlthln a city or town, for y+ h?ve 

not inqu.l.rti.about th& same; Artlcle~2931, V.C.S., Title 50, ma+3 w part'~ae~pogFz 

"All p+c&isQmi of this Title which pre-. 

'. ~scrlbti quallfl,cations~~df voting an&which~regulate~th&hblding:of el@ctlons shall apply to 

eJ.ectionS 'in cltl.eB~+nd~ !a.,"~~ 

A: "~,. Article 2997; !&C.S;; i?e&ds as followsa 

'The expense of 'all city elections shall 

be paid by the city3n w@Lch same are held. 

In all el&cti+i in~lncorpora~ed oitles, towns 

and villages, lie mayor)~:-$h'.c+t$~ clerk or the 

governha& bo+yMiaklYdo 'and'pePform each act 

in oth@r elec$ions- r&qulred.tb.~be~done and perfomd respectltiely by the,oonnty~jadge', 

countS clerk oti, the:'cessloi~ers!' co?ti 

$he 

j 

A~~ti&vUw:of the v&ious ~eleotionstatutes appUc+ble to .cities lMtii?ijOFE$ed:mder the general law 

reveals that: said electlana.:~spa~~'be'h~ld and governed 

by the general laws,of this,-,JJtate .axcept as otherwise 

herein provided." Also, in Article 1165, VX.S., which / 

is applicable to ho&mFule c$t+es;'we.find the following 

languagea; ~, .. .". ~,_I ._. ~I" 

I( - ;R.o &a&&r or~tiy ordinances passed 

under kid chai?ter Shall &ntaln ang provision ~, 

inconsistent vith the Co$iltuti,on or general 

lawS'(if this State;" .~; ~': 

.'.After'a' earefal '&~3lyals~of the above statutes 

and the &he+ statutes quot+ in this opinion, we are of 

the opinion th&t the‘bertinent prmlsions of the Secret 

Ballot Law eze applic&ble:to ally general.and prim 

elections held in 'cltles.~d towns except where voting 

machhes~ are used'.. Also; iC~is~Our:6pinion'thathe expense of all city 6lectiohs ii$all be'paid for by the 

city in keeping wlth'the~proviai&s MArtlcle 2997. 
bin. A. c. Wlnbo+ page 6 (v-865) 

. . 

Consequently, It is the duty of the city to purchase all 

stub boxes audballotboxea sndpayallexpenses in connection wlth or incident to the holding of city elections. Further, It la ouv opinion that the mayor, the 

city clerk aud the governing body of the city shall do 

and perform each aot in the city elections that 'is required to be done by the Cot&y judge, county clerk and 

comLeslonersl court in general electloxm. Therefore, 

there is no duty l~~osed upon the county clerk in connection with city elections. All of the functions that the 

couaty clerk would ~perform in a general election should 

be performed by the city clerk in a city election, and 

the stub box should be delivered to the district clerk 

bs the city clerk In order that the~district clerk may 

.Gepare th& proper lists and seal said stub box as provided. in Section 3 of Howe Bill 357. Awtti V; City of 

Alice 

l!TBd) 

193 S.Wa2d 290 (Tex. Civ. App. 1946 , error ref. 

We next consider portions of your questions 2 

and 3 as to whether H.B. 357 imposes a duty upon the 

county to f'urnlsh,aad prepare the ballot boxes aud stub 

boxes.for .elect$oua held Ln ludepeudeut school dletrlcts 

and,vhether the county clerk Is required to perform any 

duties in connectlou with. said elections; We assume 

f~can ~0th qwstlons and brler that you.are only concerued 

vlth the election of school trwtees 3.n lndependeut 

school dlstricts'and the expense in ccnuectlcu therevlth. 

Since the school &leetlous lnqulred about are general in 

nature, there is no question but that the appropriate 

~~38.8,"" of the Secret Ballot~Act ave applicable to 

. 

\ Artl,cle 2746a, V.C.Si, vhich is applicable to 

the electlcm of school trwtees iza acdumou sohool districts aud iudependeut eohool districts haviug fever 

than 500 scholastics reads in part as follows: 

- 

“Any persoa desblag to have his usme 

placed on said offloial ballot, as a caudidate 

for the office ef trustee of a cowm school 

district or 0r an wependent school distriot 

as herein provided shall, at lewt ten days 

before said election, file a vrltten request 

with the cowty judge of the couuty in'vhlch 

sa3.d district is located, requwtiug that his 

name be placed QD. the 0rficial ballot, and PO 

caadMate shall have his .p~llpe printed on said 
Hon. A. C. Winborn, page 7 (v-865) 

ballot -mless~he,~has complied with the provisUns 0r w-48 Act;~pmmm&d~that rive', or mix-8 

resident ,qua&lfled~~voters in the district may 

request that i~&taln names be printed; The 

sogty-j*e,:,upon receipt ~oi. stiah,liritten reqw?t;.md &.least five t$ays.before the &lec- 

.tlon,~shall~~have~the ballota'prlnted as .provi@ed in this'Act, placing oa.the ballot the 

name 0r each:oan&tdate w~o~.has. conq;ilieil'with 

the~$emus ,of this Act; and didiver(t$ sufficient numI?er of printed'ballots and amciunt of 

suppll~s necessarg:ror~ swh election to.the 

presiding ogfio&.of .the electkmat'ieaat one 

d@y:before:saM~election 1s. to be held, said 

ele&lon suppilim, ballots, boxes, Gad tally 

sheets to be delivered by the ,couaty judge by 

mail QC @,any o$JkeP znam~ez by him~.deemed best, 

to.the presiding .~offIceF of,~saLd election in 

sealed anvglopes which sh$Ll not,b&'opened by 

the election~officerknt~l the d,ay of the election. "The ,expenses ~pf pa$ntlngt~ ballot8 

and dellverlng s&@;to the presidiiigofflder, 

together vith the other ekp6nsbs~~incideatal to 

said ,electlon shall be paid out of the available ,maintenanc~~funds'beloiglng to the school 

district in.w~ch Baid'election ls,held,,or to 

be.held:.~ 'The, offiirers-of"said.el.~ctian shall 

be required .to.w'e th&,ballots so:fwnished by 

the copnty judge as.ppoflded herein.- .'fbe'elect@n oifioers,,sball.make,retnrns of said elec- 

~tlonto the,county judge and certify the result 

in the same mapner as 16 '.now requtred by law, 

and did ballot boxe6 whi~hhshall have been 

-shed by .lboal~~scLi~ol~offioiaia shall~ be 

sent to the county'judge,~and.said election returns shall,be canvassed by:the commtssloners~ 

court and together:,wlth ballot b6xes 'shall be 

safely preserved foi. a period of three momths 

nextafter .the ~date; of .the~ -eleotlou." 

\ .,.;. Article,2776,'~V.C.S;:,,ienacte~ in 1915) which 

is applicable.to.the'electlon~of school trustees in independent school'dl&m~M-,s having 500 or more scholastics read8 a 

"All, ele&.&tis k&l be ordered by the 

board of tiwtkes of.each independent school 

district; and such order shall be made at 
Eon. A. C. winborn, page 8 (V-865) 

least +31~days before thedate of election; 

anda notice of the order shall.be Posted at 

three different places in the diatr.lct. The 

board 0r school trustees - - _ - .- ez- at the time 0r 0r- 

- . ._ 

aerzng sucn election 8na.u appoint wee persons to hold the election, aud shall designate 

the plqces where the poll8 shall be open . . . 

All such elections shall be held,.aml returns 

thereof made to the board of sahool trustees 

in accordance with the general election law. 

The board of school trustees'shall canvass ' 

such returns;.declare the result of such election, and issue certificates 0r election to 

the 

ed." 

persons shown by such returns to beg elect- 

\ 

Sect106 3 of S.B. 157, Acts 44th Leg., R.S; 

935, chh; 55, p. 135, 

Article 2746a, V.O.S., 

belug the same Act which amended 

which now appears as Article 

27&b in Vernon's Civil Statutes, is all inclusive as 

to election expense? In all common and independent 

sahool dlstrlcts. Said Article reads as follows: 

"All expenses lmmrrea in connection vith ' 

or lucldental to any schoo$ dlatrlot election 

in connection with the public school wlthln 

such school district shall be pald cUt of the 

avallable maintenance fund belorrglng to SUCh 

district for the fiscal year durlng which such 

election 1s held, 0~ out of f'uuds accrtrimg to 

s&d district for iihenext ensuingflscalyear; 

provided, hcwever, that the payment of any such 

expenses out of the fUnda accrued or to accrue 

tosach school diiitrlct for the nextfiscal 

yeas aft,er the ye& in whlch.such election is 

held shall be authoriced by the county,srzperlnr; 

tendent prfor ,to the holdlug of such election. 

The present statutm require that all expense8 

lncnrred in connetition with or .inoldent to~any School 

. district electFon~shal.1 be paid out,of the available 

malntemce,fUmd belongingto tich district. Therefore, 

it is ou@ 6~QxLon that the cost of ball& boxes, stab 

boxes, election supplles, 8nd all other expenses incldent to a school trwtee election shall be paid by the 

school district rather than the county; 
. . 

611 

&n. A. c;-Winborn, page 9 .P-865)~.. .~ 

From readfng.the statutes. on school elections 

and ai1 the prov5s.s'iims of:~HiBi ,357,..we~do not believe 

'that it- ~s.~.the- int6ntltm 0r.,the,.Leglslature tl-qit the 

tounty-Clerk.shouLd ~epar~.~e.ballot..baxea,or the stub 

boxes for truste6~elections t.o.be.hel&..lq scbool dlstrlcts;. In this conuection we call your attentlcn to 

the provl8lon~ 0r Art.::2746a, ap$l$ga~le t,o,common school 

bistrlcts and independent sOho eatriots having leaa 

thsn 500 qhel.ast~caj,qhich provides t&at.@@ county 

judge shalli have a.+eficiest .nu@er~@ pp$nted ballots, 

necesaarysupplles,~ ballot boxes,and~taUy sheets,deLlveped to the preslding'officer df said election at 

least one.day before,,the.eleationg :A180 we.call your 

attention to the language 'in Art. , as amended by / 

H.B. 357; which~'read84 :\; ,:.: ., ~: I;. 

-.n i. :&s.s-box, -:,:<.~I, r;ili 'b; deGv;;& :t, ihe 

,. '... l,i .~. "W 

election judge .at: tbe~4iuie~:$l&e <the regu$ar ,~ 

boxea~aFe.dia-trlbgted:nnd-,the~ eleC@m.j:t!dge 

shall return ;tbls s.aG% .I?ti~~$o ,the,-qiatrQ$i 

clerk.@, the time.he: del,l;vers thez,q&r @a$- 

lot .baxea'~to-%he ,aealg,g&te&,.~~ce.~ ':. I:. . .."~. 

,,.I. - '._ . ~>..,~~ 

In view of the fact that,.the county $&e 1s to prepare 

T and deliver the regulaz.ballot:b~mcea, supp$les, etc., to 

the presiding judges Of~.$he..electQmS ~&eld~pursu& to 

Art; 2746a, we feel.that~~t~is.a~so.~~..daty of the county judge to dellver-tbs.:stub.~,bax;to,~~e ~4Zstzlct clerk 

for proper~ .prepaI?atlon and :se,al%ng;.;;:Jlpte~,the stub box 

is prepared:;an&-sealed by.-the:.d$sta$ct .olerk; the clerk 

should return.the saim-to th6 county jUage'in order that 

the judge may deliver~said,box.to~-the election judge at 

the same tine the ballot.$ox.ea and supplles are dellvered. -., 

Wheu a trustee election.lS held & an independent achool.distrlct~conta$nZng~~O.,or more:sCholaSticS, 

the same is held in-accordance wlth.the provislon~ of 

Art. 2776~ .Since s~ld~statt&te~~oea not impose auy duty 

upon the county judge.in..$hat4gpeof~ ele@$zm, but, on 

the contrary, t@e s&oo~;board ,ls .?har@d tith the duty 

of ordering the qlectiqn-. appoiatlng the .persons to hold 

the election; canvass-the~retVm&s of the~e&ectlon, etc., 

it is the: duty of the board&~trusteem of sam lndependent dist5lct to~prepare'%md~dellver the stub boxes 
6s! 

Eon. Al C. Winborn, page 10 (V-865) 

to the.dietrlct clerk for hls sealing, etoi, aad that 

the dlstrlct clerk should return said boxes to the board 

of trustees in orderthattheboardmey del$ver the stub 

boxes to the presiding judge at the same time the ballot 

boxes end other supplies are delivered. 

Xour next quebtion is as.follow8: 

."How does Section 6 pertaining to abaentee voting oonform to this Act Ia providing 

secrecy in voting?" 

\ Section 6, H.B. 357, reads a8 followsa 

~?Yhe appr&priate provlsicna of t&La Act 

shall also apply to absentee voting, in which 

aase the person casting an abeentee ballot 

shall not remove the~detachable stub from the 

ballot. After the ballot has been prepared 

by the elector, the elector shall affix his 

signature on the reverse side of the perfor- ' 

ated stub aad then shall cast the ballot a8 

now provided byilaw; 

."Should the elector be unable to sign hi8 

name, he shall place the ballot face dowa 80 .~ 

as not to expose thb.number of same and shall 

:$y on the b$ck ef the perforated stub an 

The attesting officer shall then urlte 

the elector's name on the back oi the stub. 

%he absentee ballot shall then be delivered to the election judge In the praper 

re,tnct as is q,~ovlt+ for In ""8 tl-~ 

. i!. . . 

%erore the eliiction judge deposits aa 

absenteeballotas elsewhereprovidedfor In 

this t&tile, he ahall detach from aaid~ballot 

the perforated stub aad place it l.n the stub 

box. If the name Of the elector ,does.not appear on theremrae side 0r said @8rferated 

stab the election udge Shall Write the name 

0r the elector on the bask of said stub before depoeltlng 888~ irr the stub box.' 
hon. A. c. wlnborn, page.11 (V-865) 

A carefal study of.Sectlon~ 6 and the former 

statutes relative to absentee voting shows that it is 

hum8nly impossible rar3ihe same_procedure to be followea 

In absentee voting that %.a followed where the voter 

casts his vote in person. The mere fact that the absentee voter's ballot and stub are placed in the IMSpeCtiVe 

boxes by the presiding judge.of the election vould not 

render the section on absentee voting inconsistent vith 

the other provls$on8of-the Act& because the first sentence in Sec. 6; provides that the a 

slons of this act shall also apply to TF=P a sen ee voting. wovi-w

You ask ia your 'last.questlon whether the provisions of E;B1 357 (Secret Ballot Bill) are applicable 

to road bond elections held Incounties and road dlstrlcts; .Artlcle 752g,,V.C%, which Vas enacted in 1926, 

provides as .followa: 

~"Eae manner.Iof holdlng~~s~uch election 

(road band elections) and canvasslng and making returns thereof aball be governed bythe, 

4 

general laws 0r this State when not in con-' 

'fliot with the provlslons of~thls tact." (Parenthetical Insertion added..) 

In view of this statute,.we belleve that the 

“Secret Ballot Bill" is applicable to such elezl&en, 

and sh~ould be~folloved; We:are not nnmi 

h0iaing 0r the court Or Civil-Appeals in 1923 in-the case 

I gfwLtt v, Rays ,,253 S.W. 6lO;~emor d.lsndssed, to the 

t that road Lnd elections are special elections 

and are not.governed,by the.provlaions of the general 

electlon.laws. At.~the time of~thls decision there was a 

statute similar to Artlcl~ 7528. .I$owever, the statute 

was not discwsecl or me& $11 'ed In the opinion 0r the 

court. Moreover, in more.recent decisions deal- with 

school elections, the.courtshave held.that statutory 

i ' enactments s@llar to Article 752g make the proviSion 

to such elec6 (Tax. ‘WV. App. 

ex; Civ; App: 

slons we cannot say 

general law 

ad bond elections; but we believe.that this would be the safer procedure. 
Hon. A. C. Wluborn, page 12 (v-865) 

SUMWARY 

The provlslons of the Secret Ballot Lav; 

H.Bi 357, Acts 51st I&g;, 1949, are applicable 

to general, prlm8ry and local option electlons 

except where voting machines are wed. The 

pertinent p~ovlaiona of said Act are also ap- 

~~~ti~t;~ectlow sub3uZttlng Cowtitution- 

. 

The pertineat provisiow of the Secret 

Ballot law are applicable to all general aud 

primary electlow held in cities 8nd towns 

except where voting machines are wed. All 

sgpplles, ballot boxes, stub boxes, wed in's 

city election should be paid for by the city 

as provided in Artlole 2997, V.C.S., and the 

city clerk is required to perform each act In 

a city election that.is required to be done 

0 by the county clerk in general elections held 

Ln the cbwty. 

The approp&$e provlslons oi+ H;ti.,357. 

are applicable to~electlons .held in. lndep‘e&- 

ent school district8 for the purpose 0r elegtlag aohooltrwtee8, ana all expewes 3.a wnfiectlon with or incident to said eleetlow 

fihould be paid out ~of the maintenance,fwd‘of 

said SChOOl diStl'i&S.. In indewud8lit SChOOl 

dlstrlcts ha* rm62 than 500 s&olastlos, 

it Is the duty of the comity judge to prepare 

all ballots, tally ~StS, ballot boxe@;stUb 

boxes and-all other neceeeq suppILes aad deliver them to the proper.p$rtlesi In ludepeadent school districts-wvlng 500 or more 

ScholaStiw,, it 1s $he duty 0r the S&O01 

boa+ to perform these fuwtlons. 

If is advisable to r0im the pertinent 

pG0visi0ns 0r If;B. 357 in.rwd bozid electf+ui 

held in &&ntles and ~m&d di8trcictSi 
~&+,A. C. Winborn, page 13 (V-865) 

Section 6 of H.B; 357, conaernlng absentee votiag, la not incopsidtent with the Other 

~0viSiOnS of the Act. : 

Yours.very truly, 

ATTORI& GERERALOFTRXAS 

JCD:b:bh 

J. Ci Dads, Jr. 

Assistant 

APPROVBB