HonorableD. Richard Vogea

county Attorney Wilson County FloresvIlle,Texas
Dear Mr. Voges: Opinion No. O-7226
Re: Whether or not It Ia the mandatory 

### ama of a aounty through Its proper officials to hold the eleotlon on H&ember 7, 1246, on the constitutional amendment to be submittedupon that date.
Your request for an opInlon upon the above subjeptmatter is as followsI t1With further **referenoe** to **the** eleotion tobe held on ThursdayNovember 7th, after the General Eleotiom on Tuesday November 5th, on a ConstitutionalAmendment, your opinions indicate that It Ismandatory forthe County Judge to order and issuenotice of such eleotlon and that Ifno suohnotice Is given the election wouldnevertheless be **valid.** 'uow then, the County through the County Judge o Commissionerts Courtmust furnish the supplies for such electi oi; is it mandatory on the part of the County Judge to furnish such supplies and In the event such supplies arm not ao furnished no election can be held; furthermore, if t$ae Ooqty Judge or CommIssioner*sCourt refuse to appoint election officers and refuse to pay thesame no eleotion can be held. "Thequestion I want answered, is itmandatory for a County, through its proper offI.aials tohold the eleation onNovember 7th on the Constitutional&mendment.n
Your question should be answered in the affirmative. Section 1 of Article XVTI of the Constitution,, relating to the mode of amendIng the Constitution, Is as **fOllOWSI** "TheLegislature, at anybiennial session,by a vote of two-thirds of all themembers elected to eaoh House, to be enteredby yeas and nays on the journals,maY propose amendments to the Constitution, to be votedHonorableD. RichardVoges - page 2, O-7226

upon by the qualified electors formembers of the Legislature,which proposed amendments shallbe duly published onoe a week for four weeks, commencingat least threemonths before any election, the time of which shall be specifiedby the Legislature, In one weekly newspaper of each oounty,~,in which such a newspaper maybe published; and it shallbe the duty of the several returning officers of said election, to open a poll for, andmake returns to the Secretary of State, of thenumber of legal votes cast at said election for and against said amendments; and ifmore than one be proposed, then the number of votes cast for and against each of them; and if It shall appear from said return, that a majority of thevotes cast,have been cast in favor of any amendment, the said amendment so receiving a majority of the votes cast, have been cast in favor of any amendment, the said amendment so receiving a majority of thevotes Cast, shallbecome a part of this Constitution, and proclamation shall be made by the Governor thereof." This Section itselfby necessary implication -- ifnot In express language --makes It the mandatory duty for each county in the State, through its proper officials, to hold the election on the day named by the Legislature in submitting the amendment. Our conclusion is accentuatedby Article 2923 et seq of the statutes governing elections.
You are accordingly advised as above Indicated. Very truly yours ATTORNEY GPNERAL OF TEXAS s/ Ocie Speer - OS-MR/cg BY APPROVED MAY 25, 1946 s/ Carlos C. Ashley FIRSTASSISTANT ATTORNEY GENERAL Ocie Speer Assistant

APPROVED opinion committee By BWB, Chairman