Honorable Donald E. Short Opinion NO. c-263 

County Attorney 

Wichita County Courthouse He: Construction of Art. 666-32, 

Wichita Falls, Texas V.P.C. in reference to a petition for a local option 

election in the City of 

Dear Mr. Short: Pleasant Valley. 

In your letter of March 20, 1964, you asked for a construction of Article 666-32, Vernon's Penal Code, in antlclpatlon of an Incorporated cityls local option election to prohibit the sale of alohollc beverages. 

The pertinent part of the statute is: 

When any such petition so, issued 

shall*wi&ln thirty (30) days after the date 

of Issue be filed with the Clerk of the Commissioners Court bearing the aotual signatures 

of as many as twenty-five per cent (25%) of the 

qualified voters of any such county, justice's 

precinct, or incorporated city or town, together with a notation showing the residence 

address of each of the said signers, together 

with the number that appears on his poll tax 

receipt or exemption certificate, or a sworn 

statement that the signer is entitled to vote 

without holding either a poll tax receipt or 

an exemption certificate, taking the votes for 

Governor at the last preceding General Election 

at which presidential electors were elected as 

e basis for determlnln 

session shall order a local option election to 

be held u on the Issue set out in such petition 

. . . . ” PEmphasls Supplied) 

The facts as you state in your letter are that the City 

of Plea-s&t YGl,eg was Incorporated subsequ,ento the last preceding general election at which pres’lheri%QL %%Wm?a were 

elected. It will therefore be difficult to determine the 25% 

requirement. 

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Honorable Donald E. Short, Page 2 (C-263 ) 

If the law directs an officer or officers to order an election when a certain number of qualified voters have joined in 

a petition, It Is the duty of the officers to ascertain whether 

the requisite number of voters have joined In the petition and 

whether they are qualified. However, the officials will be allowed to exercise their own discretion in this matter, provided 

that their decision Is based on reason and fairness and is not 

Impelled by fraud or caprice. 21 Tex.Jur.2d 285. 

The Montgomery County Clerk was faced with a similar 

problem In 1946 in that the City of Conroe wanted to petition for 

a local option election, and the two voting boxes used for general elections extended beyond the city limits. The result was 

that there was no means of detenninlng how many of the votes cast 

at the last election for Governor, at which time Presidential Electors were elected, were actually voters presiding within the 

city limits of Conroe. On that question this office held, in 

Attorney General's Opinion No. o-7218, 1946, that the Cotinty 

Clerk, whenever a petition called for under Article 666-32 Is 

presented to him, may adopt any means he deems necessary and 

proper to determine whether or not the signers of such a petition 

are qualified voters of the county or polltlcal subdivision and 

to ascertain the number of qualified voters signing the same. 

The earlier case Of Akersv. Remington, 115 S.W.28 71k (Tex.Civ 

A& 1938 193gi error ae ln dism acoo&.and Attorney General's Opinion ro. OSince the yardstick for deteklnlng qualified voters prescribed by the statute cannot be calculated, It appears that 

under the above authority, the County Clerk has the authority 

to adopt fair and proper means to ascertain the qualifications 

of petitioners. 

E%y way of suggestion only, we point out that 25s of the 

number of Inhabitants of the town of Pleasant Valley before Its 

incorporation that now lies within the boundaries of the present \ 

City of Pleansant Valley who voted for Governor In the last 

presidential election might be an equitable basis for determlnlng the sufficiency of the petition. 

SUMMARY 

Under the present circumstances, the 

County Clerk of Wichita County may adopt any 

means he deems necessary and proper to determine whether or not the signers of a petition 

for a local option election In Pleasant Valley 

are qualified voters under Art. 666-32, V.P.C. 

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Honorable Donald E. Short, Page 3 (c-263 ) 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

Assistant Attorney General 

ESC:ls:br 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Norman V. Suarez 

Linward Shlvers 

Charles B. Swanner 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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