Honorable D. 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 submitted upon 

that date. 

Your request for an opInlon upon the above subjept matter is 

as follows I 

t1With further referenoe to the eleotion to be held on 

Thursday November 7th, after the General Eleotiom on Tuesday 

November 5th, on a Constitutional Amendment, your opinions 

indicate that It Is mandatory for the County Judge to order 

and issue notice of such eleotlon and that If no suoh notice 

Is given the election would nevertheless be valid. 

'uow then, the County through the County Judge o Commissionerts 

Court must 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*s Court refuse to appoint election officers and 

refuse to pay thesame no eleotion can be held. 

"The question I want answered, is it mandatory for a County, 

through its proper offI.aials to hold the eleation on November 

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 

"The Legislature, at any biennial session, by a vote of 

two-thirds of all the members elected to eaoh House, 

to be entered by yeas and nays on the journals, maY 

propose amendments to the Constitution, to be voted 
Honorable D. Richard Voges - page 2, O-7226 

upon by the qualified electors for members of the 

Legislature, which proposed amendments shall be duly 

published onoe a week for four weeks, commencing at 

least three months before any election, the time of 

which shall be specified by the Legislature, In one 

weekly newspaper of each oounty,~,in which such a newspaper maybe published; and it shall be the duty of the 

several returning officers of said election, to open a 

poll for, and make returns to the Secretary of State, 

of the number of legal votes cast at said election for 

and against said amendments; and if more 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 the votes 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 the votes Cast, shall become a part of 

this Constitution, and proclamation shall be made by 

the Governor thereof." 

This Section itself by necessary implication -- if not 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 accentuated by 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 

FIRST ASSISTANT ATTORNEY GENERAL 

Ocie Speer 

Assistant 

APPROVED opinion committee By BWB, Chairman