The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-01
fROMTHESTATECAPITAL
Names Of Candidates May Appear More Than
Once on Official Ballot.
ATTORNEY GENERAL OUTLINES CONDITIONS
Quarantine Il Enforced Against the
whole of Sorth-rn Mcxicc--lSlec-
ton Notification Unnecessary.

fA
| Austin, Texas. October si.--Ths attorney
genenal's department today rendered the
following opinion 10 the effect that candi-
dates for office are. under certaa. condi-
lions. eagitiei to have their names appear
mere than once On ballots printed under the
lot aci:: -iss
Hon, ]. o. Terrell SAN Antonio Texas
| Attorney Generufs Office, Austen, Texas
oo.ober Sl.---Dar Sir: We reply to your
/, recent favor relative 10 form OF ballot
/ written in behalf OF Judge j. l.. Camp, a.
| follows.
1 Act i7Ss. Revised Statutes. provides:
All ballots used By the voters at said
| elections shall be furnished by the Of
| ficers conducting said election, upon
| which shall DO printed Tie names OF adj
Tho candidates for State. county, pre-
clnSt or city officers upon one ticket.
| and arranged according TO the respect
| i've parties 10 which the candidates may
| belong.
| Wdihin the incoming OF this article n
candidate belongs TO thut party or political
Organization whose candidate he becomes
4 The purpose is not to inquire into the po-
| lNlcal views OF the candidate, or 10 res
strict his party affiliations TO one organi
satipn. but to group together all those cum
| uihatts 'ueiNtiA ltHt 5tiNhtt INDiIotueluB u
| collection OF citizens who have united for
a common political purpose so that a voter
| may be enabled to readily know who they
| are. and, il he so desires, 10 vote for In a
single group or list, the candidates or his
rarity without LOOKING elsewhere on the
i ballot fof them One person may become
| the candidate OF more than one political
| organization, which may differ Ms To other
matters and candidates. but agree as>to a
particular name, a known and frequent
condition Within, the knowledge OF tho
| legislature passing the act, Lis proper
construction as contemplated by the franz
ers, In my opinion, is that the name OF 4
candidate should be arranged or grouped
on The ballot with the ticket of each party
| CIR political organization that presents him
as a candidate, whether one or more The
/ term parity as here used means a number
or persons united In opinion against others
OF CONTRARY opinion upon questions Of
public policy.
| TO hold that the name of such candidate
should not appear but once would deprive
all but enc Of these political organizations
of the right to place his namc In their list,
although he may be their candidate, and
notwithstanding the statute expressly Gays
that all the candidates for the respective
1 parties shall bio arranged together Should
one be omitted FROM q particular group,
and 1t thus be left incomplete hnd less
than ALL because he Is also the candidate
OF another party and on the ticket In an
other place? ! think not. The placing of
the name of all candidates OF all parties in
iiheir respective groups Is required. The
omission OF the name OF q single candidate
of amy party Is unauthorized.
As above Indicated, one purpose In view
by the legislature IN providing for tho
grouping according to respective parties
was to enable the voter TO see before him
upon his ballot the names OF those candt-
dates having the Endorsement and bearing
very means of information deemed ess an
chates To leave off one OF the names and
put II somewhere else would mislend and
confuse the voter and deprive him of the
very MEANS OF Information deemed esen-
tlals. and sought to be given him by The
law The candidate also would be deprived
of THE benefit to him contemplated by tho
arrangement provided In the law. 1t Is
significant, too. that while many States
prohibit the name OF "a candidate appear
ing upon the ballot more than once. ours
does not although latter In being passed.
Where there rs doubt courts adopt that con-
struction which affords the citizen the
greater liberty in casting his ballot
Many States OF the Union have the Aus
ti.aItan ballot system, and while none com
inc under my notice are identical in lam
g,Iage with ours in this respect. stu all
having tine group system OF arrangems ut
announce views leading TO the ooncl1ision
we have reached. The following authors
ties bear upon the subject; Phelps VS.. Pi-
per, ~ L. r. A. So tNebrasira) Fisher vs.
Dudley, n Md, 242 Batemnn w. Bole
(ohio) "a L. r. A., 81; sayin VS., Peascs
~ Pac Rep. 1856. Atkinson ys. Lay, lis
Mo- 536; Simpso- vs.. Osborn. "a Pac
Rep, 75!,
You are therefore. respectfully ndyised
that the name OF Judge Camp should be
placed upon the official ballot with each
parity or political organization whore ca'-
didate ne becomes Views heretofore ex-
pressed by This department in conflict with
this conclusion are not followed. Very
truly yours. i, a, ruler,
office Assistant Attorney General.