THE A'ITOIRNEY GENERAL 

OF TEXAS 

Honorabft Frank X. Vance ~’ 

County Attorney 

Medina County Courthouse 

Honda, Ibaa 

Opinion No. WW-1377 

Re: Whether an Independent candidate who has failed to 

timely 1114 an affidavit 

as required by Station 3, 

Art. 13.47a, !kaa Election 

Code, may have his name 

printed on the General AlecDear Mr. Vanosr tion ballot. 

You have asked whether or not &dependent candidates for 

county and precinct offioes are entitled to have their namea 

printed on the General Eleotion ballot, ?ihen theg have flailed 

to oompay with Seotlon 3, Axt. 13.47a, Texa6 Eleotlan Code, 

whioh mpulres the filing of an affidavit of their Intention to 

run as Indtptndsnt oandidatse with the County Judge on OF before 

the first Monday in February of elsotlon year. 

In your Iettep you atate: 

“All county and precinct offficera 

of Medina County, except one precinct, 

run fop eleotidn as tIndependentf candidatta in the general election in November, and have been doing this for 

many years. !lhle ie being done as 

provided in Art. 13b53 of the Election 

Code through a petition of vottrs 

rithin 30 days aftelr the pxQaalry, 

“Now a question has arisen, as Borne 

olalm that Art.’ 13.&a (new provision) 

of the Eleotlon Code rcsqutres that candldatta muat, file their agplloaCion to 

get their name8 on the ballot in February * All candidates (Independent) 

hagia,f;le$ an application, but not laut 

e* &phasia addegH. 8. 239# Chapter 90, page 273, Sac. 1 was enacted by the 

57th Legislature at its Regular Session ln 1961, and haa been 

codified aI) AN. 13+47a, Ttxas Eltction Code, Sectionr 1 and 2 
\ . 

. 

Xonorable Frenk X, Vance, page 2 Opinion No, WW-1377 

of Art. 13.47a are applicible to parties whioh nominate their 

candidatos by convention, and do not ooncern Independent candi- 

, dates. Stations 3 ahd 4 of Art. 13.47a, Texas Election Code, 

mad as follows: 

“Sac * 3. As a condition precedent to 

having a aandIdatess name Qrlnted on zhe 

official ballot under Artiole 

13.5g or Article 230 mt. 

this Code, there must, In 

requirements of those two (2) Artlolee 

fll d With the peroon with whom thi 

wkttti ~vvllostlon must, thereunder, be 

tiled; an affidavit, dulr aoknowledged 

by the person desiring his name to be 

plaoed on the ballot stating his ooougltlon, aounty of refddenoe, post offlod 

address, l %e. and the offloe for whloh 

:. . .% 

he Intehddr-t6 run. 

“Sec. 4, lht requirements of Sections 

1 end 3 hereof shall not apply to nOmlneCt8 

fop unexpksed ,terme wherb the vacancy In 

office bccumtd aubsequtnt to the tenth 

day preceding the deadline for filing aa 

prescribed herein,’ 

Art. 13.12, Blleotfon Code, reads In part aa follows: 

” 

a 0 0 

“2. Any ouch rtqueat shall be flbed 

with the county ohalrman In oaae of’ 

ioikip and precinct offloers; 

shall be file4 not later than 

au”,hf;;;eetII 0 

Articles 13*50, to 13.53> Inclusive, Eleotlon Code, govern 

the filing of IndepeRdent candfdates. Art, 13.50 pertains to 

Independent candIdatea for stats and diatriot office. Art. 13.51 

sets out the oath to the applIsatIonO Art. 13.52 pertalns to 

the Independent candidates8 consent to run, Art, 13.53 etatee 

that Independent candidates for county offloe ehall’flle their 

i 

I 

I 
Honorablr Prank X. Vance, page 3 Opinion No. W-1377 

application with the County Judge, accompanied by the petition 

of voters equal to 5s of all who voted in the county in the laat 

Qeneral tlection. Precinct offices are not mentioned in Art. 

13.53, but Dancy v. Hunt, 294 S,W.2d 159 (Civ.App. 1956, error 

reS. n.F.8.‘) h ld th t Independent candidates for precinct office murt pre&taa pttition signed by enough voters to be equal 

to 5# OS all who voted in the precinct in the last Oeneral Election. 

Note that Sec. 3, Art. 13.47a, Election Code, doea not affect th6 procedures laid down in Arts 13.50 and 13.53. Art. 

13.47a atetea that an affidavit of intention to run, containing 

certain speciiied information must be filed “with the person with 

.whom the rrltten application must, thereunder ,&ta. 13.50 and 

13.59, be ?lled,” and such affidavit is “In additiontD the requirements of those two (2) Artlclea.” After filing the afTidavlt oi intention to run on or before the first Monday in February, the In&ependerit*~candidate atill has until 30 days after 

the Second Primary Under Art@. 13.50 and 13.53 in which to file 

his petition algned by the required number of voters. 

Heretofore, it ha8 been possible for a proepective Independent canbidate to wait until both the First and Sedond Primaries 

. Were over in order to determine whether he wanted to face in the 

General Zleotion one or more party candidate% who had been aelected in the party primaries. Now, a candidate for office as 

an Independent candidate must file at the earn8 t-8 party candidates must file. IhFreafter, the party candidate makes hia race 

in the primary electYcJh8 or at the party convention (If his party 

is not required to hold a primary election), while the Independent candidate goes about rounding up signaturea for his petition. 

In come counties in Texas* it has been the practice for all candidates to run as Independent candidates. The 1962 Qeneral Election ia the first General Election to be affected by Art. 13.47a, 

and the effect of this act wan not noted by some candidates until it was too late to comply with the provision oalllng for the 

affidavit of intention to run to be filed by the first Monday in 

February s This Is unfortunate, but the statute ir etate-wide in 

its application, without regard to the practice which has been 

heretofore followed. Set, 3p Art. 13.47a states that the filing 

of the affidavit by the first Monday in February Is “a condition 

precedent to having a candidate’s name printed on the official 

ballot” aa an Independent candidate, We hold, therefore, that 

where the race is to be made for an office, the,term of which begins on January l8 1963, Independent candidates must have filed 

the aiiidavft o? intention to run required in Seo. 3* Art. 13.47a, 
Honorable Frank X. Vance, page 4 Opinion No. W-1377 

Blection Code, on or before the first Monday in February, 1962, 

&order to have their names printed on the General Election bal- 

. 

Under Sec. 4, Art. 13.47a, Election Code, the requirement 

for the affidavit, and Its timely filing, is not required If the 

race is to fill an unexpired term, where the vacancy in offlce 

(death, resignation or removal from office of the oiflce holder) 

occurred aster the tenth day preoedlng the flrat Monday in February . Therefore, if any races In Medina County are Sor county 

or precinct office to fill out the unexpired term of an office 

holder whose term of office does not expkre until December 31, 

1964, and which ofiice holder died, reelgned, or was removed from 

office, alter January 25, 1962, then the requirement in Sec. 3, 

Art. 13.47a, Election Code, for an affidavit, timelaf filed, is 

not applicable. 

SUMMARY 

Where a county or precinat oiflce is to be 

filled at the General Election for a full four year 

term, an Independent candidate must have Siled his 

affidavit o? intention to run for such oftice with 

the County Judge on or before the Slrat Monday in 

February of the selection year, in order to have his 

name printed on the General Election ballot, a8 required by Sec. 3,,Art. 13*47a, Election Code. The 

timely filing of &pah affidavit is a requirement 

uhioh la in addition to all other requirements ior 

Independent oandfdates found in Arts. 13.50 to 

13.53, %nolusive, Election Code D 

Where only an unexpired term of a counts or 

precinct oifice is to be:fflled at tire Qcneral 

Election, and such vacancy in oifice occurred subsequent to the tenth day preceding the Plrat Monday in February o? the election years the aflidavit referred to in Sec. 3, Art. 13.47a, Election 

Code, is not required, See, 4, Art, 13.47a, Election Code. 

Yours very truly, 

WILL WILSON 

Attorney General oi Texas 

Amlatant 

,.. . 
. . 

Honorable Frank X. Vatice, page 5 

8tF:rk 

APPROVBD: 

OPINION COMMITTl$Ei: 

U. V. Geppert, Chairman 

Gordon Zuber 

Frank Booth 

Bob Patterson 

Pat Bailey 

ReVIEWED FOR THE ATTORNRY GENRRAL 

BY: Leonard Pasrmore 

Opinion No. W-1377