### THEATTORNEYGENERAL OF-XAS

Honorable L. L. Moore CountyAttorney Houston County Crockett,Texas
Dear Sir: OpinionNo. 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 subjectmatter is as follows:

“F. P. Granberry, Chairman of theHaclstonCounty Democratic Executive Committee,requests that I give him an opinion on the following facts: A. 6. Lute filedwith the county chalrmanwithin ,thetime 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 CountyExecutive Committeeand inwriting advised them he did not care to be a candidate for this nomlnation and requested inwriting that his name be not placed on the ballot. On June 

### 18he advised the county chairman In writing that he retracted hiswriting of June 17 and desired that his name be placed on the ballot, t,his being accompaniedby the filing fee assessedby 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a resignation,an unconditional resignationwhich has been transmitted to the authority enti~tled to pecelve It cannot be withdrawn, See Sadler v. Jester, 46 Fed.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 pyeaentedby your request.Hon. L. L. Moore, page 2 

### o-7285

We quote from 

### 16Texas Jurisprudence 

### 74, the following: "The statutesgoverning primary electionsprescribeall the requisites of an application to have one's name placed on the officialballot as a candidate for nomination. These provisionsare valid and controlling. Inter alla, they provide the method to be pursuedby any persondesiring his name to appear on the officialballot for the general primary, as a candidate for the nomination for any office to be filledby the qualified voters of a county OP a portion thereof, or for nominations; other articles require the executive committee to placeupon the ticket the name of any personwho 1s not ineligible for nomination to the office to which he aspires. "Theprovision of the statute requiring that a petitionby the qualified voters requesting that a name be put on the ballot be indorsedby the person named therein Is for the purpose of Informing the executive committee that such person if electedwill accept the positionnamed." Article 

### 3113,V. A. C. S., provides: "Anyperson desiring his name to appear on the officialballot 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 filewith the county chairman of the county of his residence,not later than Saturdaybefore the third Monday in June Dreceding such primary a written request for his name to be printed on suih officialballot as a candidate for the nomination or position named therein, giving his occupationand post-officeaddress, giving street and number of his residence, ifwithin a city OP town, such request to be signed and acknowledgedby him before some officer authorized to take acknowledgment to deeds. Such request similarly signed and acknowledged by any twenty-fivequalified voters resident in the countymay be filed on or before said date, requesting that the name of any person named thereinmay be placed on the officialballot as a candidate for any county OP precinct office or chairmanship,with like effect as if such requestwas filed by the person named as a candidate therein;which request shallbe endorsedby the candidatenamed therein, showinghis consent to such candidacy, if nominated." (Underscoringours)_ _- .

Hon. L. L. Moore, page 

### 3 O-7285

When the executive committee accepted theuncondltlon- &1 withdrawal of the application of A. G. lute for a place on the primaryballot, it had the effect of nullifying the entire request. Since therewas then no request (thathis name be placedupon the primaryballot)before the committee, the only effectA. G. Uce's retraction of hiswithdrawal ( 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 inArttcle 

### 3113. Therefore, It is the opinion of this department that under the facts submitted, the name of A. G. Lute shouldnot 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/JohnReeves John Reeves JR:djm:wc

APPROVED JUN 20, 1946 s/Ocie Speer (Acting)ATTORNEY GENERAL OF TEXAS Approved Oplnlon CommitteeBy s/E3WB Chairman