Honorable Leo Presnell 

Couixty Attorney 

Gilmsr, Texas 

Dear sir: opinion HO. o-4546 .~ 

Re: Validity of common school district 

election, two of the election officers 

being wives of teachers and the other 

being e substitute teacher. 

In yoin letter of A&i1 13, 1942, you outline the following facts: 

You 

"In a School Trustee election held in a collppo~l school district 

of this comty on the first Saturday In April, the three persons 

holding the election were women, two of whom were wives,~,of 

teachers in the school, and the other the wife~of the janitor 

inthe scheo$. done of the wives of e teacher has served as 

substitute t&tkU in the school~for a:period of eleven weeks 

during this school term. 

Yhere is no question as to the appointment of tPjese women to 

hold the election'n& is there any question as to their not 

being qualified voters of the district, thequestion merely 

being based upon the close ccmnections which they have with 

those operdkii&aiid conducting the ef?,$i!q of the school district." .._ 

request our opinion as 'UYwhether~~the elictio6 so held was a valid~one. 

,I; “ad:. ; _ :, 

Article 2746, Revise&Ci~il Statutes, praviaefy’- 

,_ ,:. i: 

5aid trus*e$Y&jJ'appoint three (3) p&ons, qualified v&ers 

of the dis~~~f,i:ljfio~:shallhold. su~hTe+++ and make returns 

thereof to &i~iii-t$~$ees within fivs r!jy"M@ after such 

election, and &id'~persons 13hallreceivCd txmpeneatioa foe 

their services the sum of One Doller ($1) each, to be Pd& 

out of the local funds of the school district where the 

election was held. . . If, at the time ana place for 

hol&ing such election, any or all of the persons so appointed 

to'hold such election are'absent 07 refuse to act, thenthe 

electors present my select,of their number a person or parsons 

to act in the place of those absent or refasing to act." 
Hcolorable Leo Resnell, Page 2 (O-4546) 

” 

The above statute does not aisqdify any of these persons es ‘election 

of ficeik . We refer to Article 2940, Revised Civil Statutes, which sets 

out certain'disqualifications for election judges, clerks and supervisors. 

If that statute applies to cosunon school district electious, a ToFt 

which'we do not find it necessary to decide, it would not render this 

election void. Certelnly it would not disqualify the two aga@t.whom 

the only question raised is that their husbands are $eachers in the 

school. Whether the substitute teacher,is such an officer as would 

disqualify her under Art$cle'29&0 is still another point unnecessary to 

determine. 

The case.of Miller v. Tucker, llg S.'W. (2) 92, involved the contest of 

~a local option election. We quote therefrom: 

"Appellees' contentiti that the election was rendered Invalid 

because J. Roy Lawson, the presiding off&r, we8 at the ssme 

the mayor of lkvten is also without merit. There was no 

showing or cont6ntlon that the presence of Mr. Lswso? as 

prdaing ,offi+.in any way lmprope~,~.affected the result 

of the elect.ign.'~F&i objection vas.maae~to Mr. Lawson serving. 

The ele&i&&s~f+rly and honestly h&d and, so far & shown 

by the record; the~votes were correctly counted and returns 

accurately made. Article 2940, Vernon's Ann. Civ. St., is 

directory only and an el&ian is not vitiated by the fact 

that the electi& $@&&ct,ti~:~xiT&~~ c&r tif;,k&hority 

did not possess the required qualifications in the absence 

of a showing of fraud or misconduct. Hill v. Sm1thville 

Independent School Dist., Tex. Civ; ASP. 239 S-W. 987; Gayle v.'~ 

Alexander, Tti. Civ. App. 75 S. W. (2) 706." 

Supporting the same principle we cite: Bengetter v. Msrskell, 70 S. W. 

(2) 285; Geyle v:Alexander 75 S. W. (2) 706; Deaver v. State, ex rel. 

~'ipp, 66 s. w. 256. 

In our opinion the,el&ion ia not invalid uuder the cirotrmstances which 

you relate. 

Yours very truly 

APPRovm APR. 24, 1942 

s/ GROVER - ATl'CRHEY6ZNERALOFTEXAS 

FlICST ASSISl!AWT 

ATTORWRY - s/ Glenn R. ‘$ewis 

APpF@VEDoPINIONcGMrrTEE 

BP B. w. B. 

CHAIRWAR '. By Glenn R. Lewis 

Assistant 

GRL:E/ law