### THE ATTORNEX GENERAL OF~XAS
CXCAWFOpu3 c.MAlzTXl* AUSTIN.TEXAR 18711 A??rORNEY GENXERAI. November 24, 1967

Hon. J. W. Edgar Opinion No. M-158 Commissioner of Education Texas EducationAgency Re: By what procedure or Austin, Texas method may it be determined in an independent school district regular trustee electionwhich of the successful candidates shallbe or has

Dear Dr. Edgar: been elected to fill the vacancy (oneyear) term, where the districtmay not or does not elect its trusteespursuant to Article 2775a-1. By recent letteryou have requested an opinion of this office in regard to the above statedmatter. We quote fromyour letter as follows:

"Prior to enactment of House Bill 684 (Acts60th Leg., R.S. 1967, at page 1073; codified as Article 2777-1) a person appointed to a vacancy on a board of trustees of an independentschool districtwas appointed to fill the same for the unexpired term. "EffectiveAugust 28, 1967,Article 2777-lprovides in part: "Section 1. In all independentschool districts.

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if a vacancy occurs on the board of trustees, the remainingmembers of board of trustees shall fill the vacancy until the next regular election formembers of the board of trustees. If, at the time of that election, there remains any portion of the term so filled, a person shallbe elected to serve out the remainder of the unexpired term.
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Hon. J. W. Edgar, page 2, M-158

"Subject to this law, a personwas recently appointed to a vacancy on the board of trustees of an independent school district. The term of the officehe fills expires in April, 1969. "On first Saturday in April, 1968, is the next regular election for trustees. At that time, as the statute requires, a person shall be elected to serve out the remainder of the unexpired term (oneyear). "At the same election in April, this districtwill normally elect three trustees for threeyear terms. (Article2774a,V.C.S.) The districthas not adopted the place or position number basis of electing its trustees, permitted under Article 2775a-1. Many independent school districts are not eligible to adopt its provisions. Therefore,normally those candidateswhich receive the larger number of votes at the electionwill be elected as trustees to fill those offices then up for election, thisyear four: Three for 3-year terms, one for the unexpired l-year term. "The cited district, several other inquiring independent school districts facedwith the same vacancy filling election problem, and thisAgency would appreciate an opinion from the Office of AttorneyGeneral on the question(s): "Bywhat procedure or method may it be determined in an independent school district regular trustee electionwhich of the successful candidates shall be or has been elected to fill the vacancy (one-year)term,where the districtmay not or does not elect its trusteespursuant to Article 2775a-l?" Article 2775a-1,Vernon's Civil Statutes, originally enacted by the legislature in 1955 and amended in 1963 and again in 1965,would solve the problem at hand. It would permit the school boards to set out the vacancy -736-I

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Hon. J. W. Edgar, page 3, (M-158)

position as a separateposition and permit the people to vote for the particular vacancyposition and permit candidates to run for thisparticularposition. However,Article 2775a-1,V.C.S., does not apply to independent school districts of less than fivehundred scholastics,and also, it is an optional statute. Consequently, this opinionwill be restricted to a discussion of the independent school districtswhich have not adopted or are not subject to the provisions of Article 2775a-1.

The underlying intent of Section 1 of Article 2777-1, quoted above, is that the voters shouldbe permitted to fill any school board trusteevacancywithout calling a special electionwhenever a vacancy occurs. Thus, the presentmembers of the schoolboard may only fill the vacancy until the next general election and atwhich time the ballot would specificallydesignate the names of the candidates seeking to fill the unexpired term.

In linewith the above stated statutorypurpose, it is the opinion of this office that Article 2777-l requires that the vacancy position be specificallydesignated on the ballot so that the voterswill know that they are filling-

a vacancy as they are required to do by law.

SUMMARY -----me In all independent school districts not subject to theprovisions of Article 2775a1, Vernon's Civil Statutes, the effect of Article 2777-1,Vernon's Civil Statutes, is to require that the ballot specificallydesignate that an unexpired term is being filled by the voters.

Preparedby James C. McCoy AssistantAttorney General eneral of Texas

-737-Hon. J. W. Edgar, page 4, (M-158)

APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman W. V. Geppert James Quick John Banks Dunklin Sullivhn A. J. CARUBBI, JR. Staff Legal Assistant

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