THEATTORNEYGENERAL 

OF-XAS 

Honorable L. L. Moore 

County Attorney 

Houston County 

Crockett, Texas 

Dear Sir: Opinion No. O-7285 

Re: Should the person in question have 

his name placed on the ballot in 

the coming pplmaries for office of 

County Supeplntendent of Houston 

County 

Your wiFe of June 19th request,ing an oplni.on from 

this department on the above subject matter is as follows: 

“F. P. Granberry, Chairman of the Haclston County 

Democratic Executive Committee, requests that I give 

him an opinion on the following facts: A. 6. Lute 

filed with the county chalrman within ,the time required 

by law a request that his name be placed on the ballot 

as a candidate for nomination for office of County Superintendent of Public Inst,ruction. June 17 Lute appeared 

before County Executive Committee and in writing advised 

them he did not care to be a candidate for this nomlnation and requested in writing that his name be not placed 

on the ballot. On June 18 he advised the county chairman In writing that he retracted his writing of June 17 

and desired that his name be placed on the ballot, t,his 

being accompanied by the filing fee assessed by the county 

committee. The committee In its June 17 meeting accepted 

the withdrawal and directed that his name be omltted from 

the ballot. Question: Should the name of A.G. Lute be 

placed on the ballot in the coming primaries for said 

office?” 

Except where there has been undue delay in accepting 

a resignation, an unconditional resignation which has been transmitted to the authority enti~tled to pecelve It cannot be withdrawn, See Sadler v. Jester, 46 Fed. Sup. 737 and 46 C.J. 980. 

It is our opinion that the reasoning of the above 

stated rule is applicable to the question pyeaented by your request. 
Hon. L. L. Moore, page 2 o-7285 

We quote from 16 Texas Jurisprudence 74, the following: 

"The statutes governing primary elections prescribe all the requisites of an application to have 

one's name placed on the official ballot as a candidate for nomination. These provisions are valid and 

controlling. Inter alla, they provide the method to 

be pursued by any person desiring his name to appear 

on the official ballot for the general primary, as a 

candidate for the nomination for any office to be 

filled by the qualified voters of a county OP a portion thereof, or for nominations; other articles require the executive committee to place upon the ticket 

the name of any person who 1s not ineligible for nomination to the office to which he aspires. 

"The provision of the statute requiring that a 

petition by the qualified voters requesting that a 

name be put on the ballot be indorsed by the person 

named therein Is for the purpose of Informing the executive committee that such person if elected will 

accept the position named." 

Article 3113, V. A. C. S., provides: 

"Any person desiring his name to appear on the 

official ballot for the general primary, as a candidate for the nomination for any office to be filled by 

the qualified voters of a county or a portion thereof, 

or for county chairman, shall file with the county 

chairman of the county of his residence, not later 

than Saturday before the third Monday in June Dreceding such primary a written request for his name to 

be printed on suih official ballot as a candidate for 

the nomination or position named therein, giving his 

occupation and post-office address, giving street and 

number of his residence, if within a city OP town, 

such request to be signed and acknowledged by him before some officer authorized to take acknowledgment to 

deeds. Such request similarly signed and acknowledged 

by any twenty-five qualified voters resident in the 

county may be filed on or before said date, requesting 

that the name of any person named therein may be placed 

on the official ballot as a candidate for any county OP 

precinct office or chairmanship, with like effect as if 

such request was filed by the person named as a candidate therein; which request shall be endorsed by the 

candidate named therein, showing his consent to such 

candidacy, if nominated." (Underscoring ours) 
_ _- . 

Hon. L. L. Moore, page 3 O-7285 

When the executive committee accepted the uncondltlon- 

&1 withdrawal of the application of A. G. lute for a place on 

the primary ballot, it had the effect of nullifying the entire 

request. Since there was then no request (that his name be 

placed upon the primary ballot) before the committee, the only 

effect A. G. Uce's retraction of his withdrawal ( on June 18th) 

was to attempt to refile his request that hFs name be placed 

upon the ballot. This latter fillng'failed to meet the time 

limit (June 15th) for filing said request as set out in Arttcle 

3113. Therefore, It is the opinion of this department that 

under the facts submitted, the name of A. G. Lute should not be 

placed upon the ballot in the coming primary for the office of 

County Superintendent of Public Instruction. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s/J.C. DAVIS, Jr. 

J.C. Davis, Jr. 

Assistant 

By s/John Reeves 

John Reeves 

JR:djm:wc 

APPROVED JUN 20, 1946 

s/Ocie Speer 

(Acting) ATTORNEY GENERAL OF TEXAS 

Approved Oplnlon Committee By s/E3WB Chairman