June 4, 1970

Honorable Oscar B.McInnis Opinion No.M-646 Criminal District Attorney Hidaloo Countv Courthouse Re: Nominations bv a new Edinbcrg, TexHs 78539

Dear Mr. McInnis: political party of candidates for county and precinct offices only.

Your request for an opinion on the above subject matter asks whether an application by the RazaUnida Party (anew political party in Hidalgo County1 requesting that names be placed on theNovember, 1970, general election ballot could be legally refiled under the facts submitted. Your request states the following facts:

"An application by the Raza Unida Party was submitted toJudge Richardson onJanuary 29, 1970, requesting that the nominees of that party be placed on the November election ballot, This application contained the requested number of signatures under Article 13.54 of theTexas Election Code. It appeared later that this application was prematurely signed and filed since itwas filed before the current voting year, Thereafter onMay 1, 1970, the Raza Unida Party, with consent of theCounty Judge, withdrew the application and immediately attempted to refile the same~ Itwas leftwith the County Judge who has neither accepted nor rejected the refiling; This application, of course, was not signed during the current voting year. ,I II

InAttorney General's Opinion M-621 :1970!, this office he,ld:

"Applications tohave the nominations of a new political party, without a State organization,

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placed on the official ballot at thegeneral election may be filed with the county judge prior to the county primary convention of suchnew political party, provided it is filedduring thevoting year the nominations aremade. If such application is signed and sworn to, the provisions ofArticle 13:54 of theTexas Election Code are complied with, Aperson who signs and files the written application provided inArticle 13;54 of theTexas Election Code during the current voting year (March1 1970 through February 28: 19711may notparticipate 'n the primary election or party convention of another political ?arty during that voting year, Aperson who participates in the Democratic or Republican primary election is not eligible to sign and file an application for a new poiit:cai pazty"s nominees tobe placed on the general election ballot in November during the current voting year (March 1, 1970 through February 28, 1971)."

Itwas f-urtherconcluded inAtt'orneyGeneral's Opinion M-625 that the filrng G_Fthe application with the county judqe canstitures an zntegra- step Inthe new party's nomination 3f c,zndidazesand that rhe s:qninq of such application constlcuzes par::clparion rn theparty's primary convention ALSO. Chls office therein held that the application must be fliedd-:rznqthe vctinq year the nominations aremade~ :t 1s, the::efcse out opinion that in order for the names of thensm;nees of anew political party without a State orqsnlzarion tobe printed on theofficial ballot for the general election to be held inNovember, 1970, the application must be signed and filed during the current voting year /March 1, 19'0 thrzuqh Pebzuary 28, 19711, Your request states that the application was CO? s:gned during the current voting year,

Consequentiy. you are advised that the appiication outlined inyo':?~ tequest dces n,otsatisfy the requirements of Article 13.;4 z< -he 'Testis Elect;sn C=de f,crthe reason that the sameWCS ?c: signed du~:,ngthe c~irrentvszinq year,
S'JMMA R Y

--- Under the facts submitted, an applicat~ion for a new political party's nominees tobe placed

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Hon. Oscar B. McInnis, page 3 (M-646)

on the general election ballot inNovember, 1970, does not comply with theprovisions of Article 13.54, Texas Election Code, since such application was not signed during the current voting year (March 1, 1970 through February 28, 1971). Very truly yours,

C. MARTIN General of Texas Prepared by John Reeves Assistant Attorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. E.Allen, Co-Chairman Jack Sparks Bob Lattimore Rex White Howard Fender

MEADE F.GRIFFIN Staff Legal Assistant

ALFRED WALKER Executive Assistant

NOLA WHITE First Assistant

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