**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS**

**AUSTIN**

**c**

HonorableK. D. Hall County Attorney Refugio,Texas April 24, 1939

Dear Sir:

oomaon sohool
n independent
s having lese stloa, and what d Issue oommlstrustees elected.

puce tione: response to the rollowing

I

canvas8 the returns and deolare’

4. Iu independent school diatriota of less than rive hundred scholaatios?

Artiole 2745, Rev$&ad Civil Statutes,provides idr an eleotion to ba held on the first Saturday in April of eaoh year ror the selectionof trustees ror common school dietriots.

Artiole 2740, Revised Civil Statutes,provides that “said trusteesmay appoint three persons for each voting boxHon. X. D. Hall, April 24, 1939, Page 2 a?':

of the district,

who shall be qualifiedvoters of the district and who shall hold such election and make returns thereof to said trustees within five days after such election." After making furtherprovisionsrelative to the conductof the election,the Article then provides that "said board of trusteesshall meet and oanvass the returns of said electionwithin five days after returns have been made, and declare the result of said election and issue to the persons so elected their commissions as suoh trustees and shallnotify the county judge or the oounty superintendent, If the oounty has a superintendent."

Artiale 2746ag.';Revlsed Civil %atutes as amended In 1935, reads as r0110wg8

"All or the ballots ror the election or a school trustee in common school diatrlotsand in Independent

sohool dintriotshaving fewer than five l@ndred (500) soholastioaas shown by the last preoedlng sohoastlooensus roll approvedby the State Departmentof Eduoation and exoluslveortpansiers shall be printed with black Ink on clearwhite paper, of 8Uifioientthiohness to prevent the **marks** themon being seen through the paper, and be of uniiorm style **and** dimension;at the top or the ballot there shall be printed 10rrlolal Ballot, Independent SohoolDlstrlot',.

the number or mm-the sohool district in which the eleotion la to.be held,to **be** filled In by the Judge of the oounty when he orders the ballots printed. Any person desiring to have his name plaoed on said oiflolalballot, as a oandldate ror the orrioe or trustee 0r a mumon sohoo3 distriotor of an independentschool diatriot es hereinprovided shall, at least ten days 'berors said almotion,rile a written requestwith the oounty judge of the County In which said distrlot Is located, requestingthat his name be placed on the offiolel ballot,and no candidateshall have his name printed
on said ballot unless he has compliedwith the provisions or this Act; proyided that five or more residsntqualifiedvotera-inthe dlstriotmay repquest that certainnames be printed. The oountg dudge,upon reoeipt of suoh written request, and at least five days before the election, shall have the ballotsprinted as provided in this Aot, plaodng onHon. K. D. Hall, April 24, 1939, PaEe 3
;r

the ballot the name of each candidate who has compliedwith the terms of this Act, and deliver a sufficient number of printed ballots and amount of suppliesnecessary for such election to the presidingofficer of the election at least one day before said election is to be held, said election supplies,ballots, boxes, end tally sheets to be deliveredby the county judge by mail or in any other manner by him deemed best, to the presidingofficer or said eleotion.

in sealed envelopeswhich shell not be opened by'the election orrloer until the day.oi the election. The expenses of printing the ballots and deliveringsame to the presiding orrioer, togetherwith other expenses inoldentalto said election shall be paid out of the avellablemaintenance funds belonging to the sohool dlstriot in which said eleotlon la held, or to be held. The orricers 0r mid election shall be required to
use the ballots so furnishedby the county judge
as providedherein. The eleotlon otfioers shall' make returns of said eleotlonto the county judge and certiry the result in the same manner as isnow requiredby law,, and said ballot boxes rihloh shall have been furnishedby local school Oificiels shall be sent to the oouuty judge and said eleotlonreturns shall be oanvassedby the Commdssioners*Court Andy togetherwith ballot boxes shall be sarelypreserved for a period of three months next after the date of the election.*

Article 2776 Rev1ae.d Civil Statutes re

8"1 ates generally elections for Independentschool alstriots. t provides ror returns to be oanvaseedby the board or trusteesor the dlstriot in whioh the election is held. No express amendmenthas

r-Vbeen made to that statute sinoe 1915.

- Article 2746a was enaoted substantiallJi in itspresent r0m in 1925. Chapter 128 page 329 GeneralLaws of Texas, Thirty-ninth

Legislature. Thene'wasan amendment theretoby the Forty-fourth

Legislature i&*1935but the amendmentdid not touoh upon the question with which we are here conoerned. & noted above, Article 2746a provides for electionreturns to be canvassedby the Commissioners' Court. In respect to the body which should canvass the returns, declare the results and issue oertifioates

of eleotion,Article 2746a superseded Artlole 2776 es to independent sohool districtshaving a scholastic populationof less than rive hundred, as shown by the last preceding scholasticcensus's011approved by the State Depart7.Hon. K. 1). Hall, April 24, 1939, Page 4

nent of Education, It was expresslyheld in the case of Thomas
v. Mccown, 94 S. N. (2d) 839,Yhat an election in an independent school districthaving less than five hundred scholastics was not completeduntil the returns had been canvassedby the Commissioners* Court, as provided in Article 2746a.

Our answer to your second and fourth questionstherefore is that the Commissioners * Court of the county in which an election is held in en independent school district of less than five hundred scholasticsis the body which should canvass the returns, declare the result, and issue commissionsto trusteeselected.

-There has not been a great deal of change in the reading of Article 2746 since Its original enactment. It appearedas Article 2819 and 2820 in the oompleteTexas statutes of 1920. article relates to elections in common school distriota. White That

Artiole 2746a related to all oommon school distriots,it will be noted that the same did not cover all of tha field occupiedby Article 2746. The last mentionedArticle provided for the appointment of persons to hold the elections,for notioe of elections,and far’ the rlxlng of the place thereof. Therefore, it is apparentthat 2746a <did not repeal Article 2746 in whole. It Is probable,however, that ~Artiole

2746a did supersedeArticle 2746 as pertains to the body which should canvass returns and declare the results of such electionsuntil the aii&niment and re-enactmentof Article 2746 in 1937. In that year Article 2746 was am6naed in oertain respects, and was substantially re-enaoted. Such statuteas re-enaoted provides that the board of trustees shall canvass the returns of .’ auoh electionsand declare the results thereof and Issue coinmissions to $he trustees eleotede

A new enactmentabrog,ates any former aot on the same subjectwith which it clearly ,and manifestly conflictsto the extent of the Inconsistency or repugnancybetween the two. Whittenbergv. Craven, 258 S. W. 152; ~St.Louis B. & Y.L. Co. v. Maicofich, 221 5. W. 522; 30 Tex. Sur- p. 137. Article 2746 having been re-enactedIn 1937, subsequent to the passage of Article 2746a; had the effect .ofsuperseding Article 2746a, so far
as common school districtsare concerned in respect to the body which shall canvass the returns,declare the results and issue oomml.9sions.

Our answer to your first and third questions,therefore, is that the board of trusteea?'of the common school district in which the election is held is the proper body to canvass the returns,declare the results and issue commissionsto the personsHon. K. D. Hall, kpril 24, 1939, Page 5,

elected.

Yours very truly

GFU:MR A,O?NEY~ OF=

BY (Sipned)

Glenn R. hwis Assisaant