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## THEAYTORNEYGENERAL

OF’ TEXAS

July 18, 1962

Honorable Glendon Roberts OpinionNo., WW-1386 County Attorney Bandera County Re: ?. 0. Box 446 Whether independent candidates for the office of Bandera, Texas County Tax AssessorCollector of Bandera County, which countyhas less than 10,000 inhabitants,and which separate office of Tax Assessor-Collectorhas been created by special election under Art. 1903, V.C.S., must cornly with Sec. 3, Art. t

13. i'a,

Election Code, providing for an affidavit of intention Dear Mr. Roberts: to run.
Your letter requestingan opinion reads in part as follows:

"TheCommissionersCourt of Bandera County, Texas, called a special election for May 5, 1962, for the purpose of submitting to the qualifiedproperty tax payingvoters of such county the question of adding an Assessor-Collector of Taxes to the list of authorized county officials. At such election themajority of the property tax payingvoters voted in favor of adding such Assessor-Collector of Taxes to the list of authorized county officials." Prior to the special election in Bandera County, held on May 5, 1962, the Sheriff of Bandera County was ex-officio Tax Assessor-Collector,as providedby Section 16, Art.VIII, Texas Constitution. As authorizedby Sec. 16a, Art.VIII of such Constitution, the CommissionersCourt called the special election of May 5, 

## 1962, which resulted in the separation of the offices of Sheriff and Tax Assessor-Collector. This office held in OpinionNo. WW-1292 that whoever was elected as Tax Assessor-Collectorof Bandera County at the General Election of November,

## 1962, would only serve until December 31, 1964, and the Tax Assessor-Collectorof Bandera County elected atHonorable Glendon Roberts, page 2 OpinionNo. W-1386

the General Election of November, 1964, and thereafter,would serve for full four year terms. The separate office of Tax Assessor-Collectorof Bandera County did not come into existence until after the votes were canvassed for the special election of May 5, 1962. Certain candidates for the office are running as independentcandidatesby petition as provided for in Articles 13.50 to 13.53, inclusive,Election Code. These can&dates were unable to complywith Sec. 3, Art. 13.47a, Election Code, which provides for independentcandidates to file an affidavit of intention to run as independent candidateswith the County Judge on or before the fdrstMonday in February of the election year, since the separate offtce of Tax Assessor-Collectorof Bandera County did not exist on the first Monday of February, 1962.
You have asked the following question:

"The question arises as to whether or not the proposed candidates can have their names printed on the officialballot as independentcandidates for said office for the general election?"
Tnis office recentlyheld in OpinionNo. WW-1377 that where a county or precinct office is to be filled at the General Election for a full f,our year term, an independent candidatemust have filedhis affidavit of intention to run for such office with the County Judge on or before the first Monday in February of the electionyear, in order to have his name printed on the General Election ballot, as requiredby Sec. 3, Art. 13.47a, Election Code. But Sec. 3, Art. 13.47a,Election Code provides for such affidavit to be filed on or before the first Monday in February of the electionyear only in those cases where it is known at that time that there is an office to be filled by the voters at the next General Election for a full term. Sec. 4, Art. 13.&7a, Election Code provides that in elections to fill unexpired terms, the affidavitwill not be requiredunless the vacancy in office occurredprior to the tenth day preceding the first day of February in the electionyear. Obviously,neither Sec. 3 nor Sec. 4 of Art. 13.47a, Election Code is applicable to your situation. On the first Monday in February of the present electionyear (February5, 1962) the separate office of Tax Assessor-Collectorof Bandera County did not even exist, and no one could predictwhether or not the CommissionersCourt would call such an election, or if held, what the outcomewould be. Such officedid n# come into existen:e until the votes were canvassedafter the special election was held on May 5, 1962. We hold, therefore, that independentc- -

Honorable Glendon Roberts, page 3 OpinionNo. WW-1386

candidates for the office of Tax Assessor-Collectorof Bandera Countymay have theirnames printed on the ballot for the General Election of November, 1962, by complyingwith the provisions of Arts, 13.50 to 13.53, inclusive,Election Code, governing the filing of independentcandidates,plus the requirements of Art. 6.02. Election Code. which reauires a loyalty affidavit from any-and all candidates. - SUMMARY
Sec. 3, Art. 13.47a,Election Code, which requires an affidavit of intention to run to be filedby independentcandidates on or before the firstMonday in February of the electionyear, is not applicable to independentcandidates in the General Election to fill the separate office of County Tax Assessor-Collector,which office was createdby special electionheld in May of the electionyear in a countywith less than 10,000 inhabitants,under the provisions of Art. 1903,V.C.S., since the separate office of Tax Assessor-Collectordid not exist in such county on the first Monday in February of the electionyear, in order for independent candidates to declare their intention to run therefor. Independent candidates for the office of County Tax Assessor-Collectorof Bandera County may have their names printed on the ballot for the General Election of November, 1962, by complying with the provisions of Arts. 13.50 to 13.53, inclusive,Election Code, governing the filing of independentcandidates,plus the requirements of Art. 6.02, Election Code, which requires a loyalty affidavit from any and all candidates.
Yours very truly,
WILL WILSON Attorney General of Texas

Riley Eugene Fletcher Assistant
REF:rkHonorable~Glend)nRoberts, page 4

APPROVED:
OPINIONCOMMITTEE W. V. Geppert,'Chairman
Robert Lewis W. 0. Shultz Coleman Gay
REVIEWED FOR THE ATTORNEYGENERAL BY: Leonard Passmore *

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OpinionNo. WW-1386