E EY GENE 

AS 

November 10, 1961 

Honorable P. Frank Lake Opinion No. WW-1193 

Filing fees in special 

congressional election 

to be held on December 

16, 1961. 

as follows: 

Secretary of State 

Austin, Texas Re: 

Dear Sir: 

Your opinion request reads 

"Your opinion Is respectfully requested 

concerning the statutory fll~ing fee which must 

accompany.tha application submitted by a person 

to appear upon the official ballot In the special 

election to be held in the 13th Congressional 

District of Texsrs on the 16th day of December, 

1961, for the purpose of electing a representative 

in Congress for such district to serve out the unexpired term of the Honorable Frank N. Ikard. The 

special election in question was called, by 

Qovernor Daniel on November 8th. The deadline 

for filing ,an application to appear on the ballot 

in such election is, as I have computed it, mldnight of November 15th. 

"Article 32a of the Texas Election Code 

(Article 4.10, Vernon's Election Code), which 

applies generally to applications to appear upon 

the ballot at special elections, provides that 

an application to appear on the ballot I * + * 

must be filed not later than thirty (30) days 

before any such special election, and must be 

accompanied with a fee of * * * five dollars 

($5.00) If a district or county office, * * *.I 

"A new article, designated as Article 32b, 

was added to the Election Code of Texas by Senate 

Bill No. 3, Acts 57th Legislature, Second Called 

Session, 1961. This Act becomes effective on 
(ww-1193) 

after August 14, 1961, 

the Second Called 

Honorable P. Frank Lake, page 2 

November 13, 1961 (90 days 

the date of adjournment of 

Session of the 57th Legislature). Section la of 

Article 32b reads as follows: 

"'In any special election called to fill 

a vacancy in the office of United States 

Representative in any congressional district 

of the state, the filing fee shall be Five Hundred 

Dollars ($500.00).t 

"The questions specifically submitted are: 

"1. Will the provisions of Article 32a 

providing for a filing fee of $5.00 apply to 

applications received in this office prior to 

midnight of November 12? 

"2 . Will the provisions of Section la of 

Article 32b providing for a filing fee of 

$500.00 apply to applications which are received 

In this office between midnight of November 12 

and the deadline for filing such application In 

the election; or 

“3. Will the provisions of Section la of 

Article 32b apply to all applications received 

in this office after November 8 and prior to 

November 15 deadline?" 

Article 32b of the Election Code, which becomes 

effective on November 13, 1961, can have no force as law 

before that date. Whether it will operate retroactively 

after its effective date on fees paid before that date 

depends, first, on whether the Legislature Intended to make 

it retroactive, and, secondly, on whether such retroactive 

operation would impair any vested rights. Even if the 

Legislature did so intend, It could not be applied to Impair 

a vested right in violation of Article 1, Section 16 of the 

Texas Constitution, which provides that "no . . . retroactive 

law . . . shall be made." This constitutional provision is 

construed merely as forbidding the enactment of any law that 

will prejudicially affect existing; vested rights, or the 

operation of a law In such a manner as to have that effect. 
r - 

Honorable P. Frank Lake, page 3 (WW-1193) 

The inhibition is not ordinarily extended to a procedural or 

remedial statute, or, in fact, to any act which does not 

disturb or impair vested.rlghts. 39 Tex.Jur., Statutes, 

Sec. 27. In our opinion, a person who files his application 

as a candidate prior to November 13, and pays the filing fee 

prescribed In the statute in effect on the date of filing, 

will not acquire any vested rightwhich would prevent a 

subsequent change in the election proceduies. 

Since there would be no constitutional obstacle 

to making the fee provision of Article 32b operative retroactively in elections called before Its effective date, the 

answer to your questions depends on whether the Legislature 

Intended for It to have euch operation. 

We have found no case construing the effect of 

statutory changes in election procedures which become effeotlve during the interval between the date on which an election Is called and the date on which it is held. The closest 

analogy is found in cases dealing with changes in procedure 

in pending legal proceedings. The Legislature may change 

procedures In pending proceedings, and a statute changing 

proceedings prima facie applies to pending proceedings. 

Walker v. Lylea, 45 S.W.2d 315 (Tex.Civ.App. 1931, affirmed 

124 T . ??? S.W.2d 1113); Devlin v. Held Bro8., 47 

~.~.2r383 tTex.Clv.App. 1932; error diam.). 

The election in question is to take place after 

the effective date of Article 32b of the Election Code. 

Further, the filing deadline occurs after the effective date 

of the new law. We believe that It was the intention of the 

Legislature that all election procedures, Including the payment of filing fees, be governed by the provisions of the 

new law,. The law is prospective In operation and prescribes 

the entire procedure for elections held after the effective 

date of the act. 

To construe the statute otherwise would attribute 

to the Legislature an intent to allow some candidates to pay 

a fee of five dollars and to require others to pay a fee of 

five hundred dollars. 

In Wood v. State, 133 Tex. 110, 126 S.W.2d 4 

(1939), the Supreme Court of Texas said: 
Honorable P. Frank Lake, page 4 (m-1193) 

"It Is the settled law.that statutes should 

be construed so as to carry out the legislative 

Intent, and when such Intent is, once ascertained, 

it should be given effect, even though literal 

meaning of the words used,therel.n Is not followed. 

Also, statutes should never be given a construction that leads to uncertainty, Injustice, or 

confusion, if It Is possible to construe them 

otherwise." 

We therefore hold that all candidates who file, 

regardless of whether they file before or after the effective date of the act, must pay the five hundred dollar filing 

fee prescribed In Article 32b of the Election Code. 

SUMMARY 

In the special con ressiona~l election to be 

held on December 16, 19 iii 1,all candidates who 

file applications to have.their names placed on 

the ballot must, pay the five hundred dollar filing 

fee prescribed In Article 32b of the Election Code, 

regardless of whether they file before or after 

the effective date of the'act. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

MKW:afg 

By: &&-4?L 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Henry Braswell 

Marvin Thomas 

Fred Werkenthln 

Iola Wilcox 

REVIEWEDFORTHEATTORNEYGENERAL 

BY: Houghton Brownlee