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 Raza Unida Party 

(a new political party in Hidalgo County1 requesting that 

names be placed on the November, 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 to Judge Richardson on January 

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 the Texas Election Code. It appeared 

later that this application was prematurely 

signed and filed since it was filed before the 

current voting year, Thereafter on May 1, 1970, 

the Raza Unida Party, with consent of the County 

Judge, withdrew the application and immediately 

attempted to refile the same~ It was left with 

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 

In Attorney General's Opinion M-621 :1970!, this 

office he,ld: 

"Applications to have the nominations of a 

new political party, without a State organization, 

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Hon. Oscar B. McInnis, page 2 ,M-6461 

placed on the official ballot at the general 

election may be filed with the county judge prior 

to the county primary convention of such new 

political party, provided it is filed during 

the voting year the nominations are made. If 

such application is signed and sworn to, the 

provisions of Article 13:54 of the Texas 

Election Code are complied with, A person 

who signs and files the written application 

provided in Article 13;54 of the Texas Election 

Code during the current voting year (March 1 

1970 through February 28: 19711 may not participate 'n the primary election or party convention of another political ?arty during that 

voting year, A person 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 to be 

placed on the general election ballot in 

November during the current voting year 

(March 1, 1970 through February 28, 1971)." 

It was f-urther concluded in Att'orney General's 

Opinion M-625 that the filrng G_F the application with the 

county judqe canstitures an zntegra- step In the new party's 

nomination 3f c,zndidazes and that rhe s:qninq of such application constlcuzes par::clparion rn the party's primary 

convention ALSO. Chls office therein held that the application must be flied d-:rznq the vctinq year the nominations are made~ :t 1s, the::efcse out opinion that in order 

for the names of the nsm;nees of a new political party without a State orqsnlzarion to be printed on the official ballot 

for the general election to be held in November, 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 in yo':?~ tequest dces n,ot satisfy the requirements 

of Article 13.;4 z< -he 'Testis Elect;sn C=de f,cr the reason 

that the same WCS ?c: signed du~:,ng the c~irrent vszinq year, 

S'J MMA R Y --- 

Under the facts submitted, an applicat~ion 

for a new political party's nominees to be placed 

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. 

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

on the general election ballot in November, 

1970, does not comply with the provisions 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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