respectively.
The TexarkanaIndppendentSchool M&riot is createdby Chapter 31 of the Local and SpeoialLaws of the 36th Legislatureat its Third CalledSession,as amendedby the SpeoialLaws of the 39th Legislature at its First CalledSessionin 1926, Chapter49, page 152. Section3 of said Chapter31 wae amendedby Section2 of Chapter49 of the Special Laws of the 39th Legislatureat its First CalledSeasionto read, in part, as foll0Wsr
"All such ale&ions shall be held in aocordanaewith the State Laws gov- erningelections,except that said board shall fix one or more voting plaoesin each ward of the City of Texarkana,Texas, and eaid Board shall appointa presidingofficerto hold said eleotionat eaoh voting place, and suoh presidingofficershall selectat least one judge and two clerks for the raspactivevoting plaoes,and said presidingofficer,judgesand clerks,shall sot as managersof said election,and shall take the oath prescribedby law as in generalelections,and make returnsof said eloc- tion to said board, as requiredby law at generalale&ion, and 8t the Hon. T. M. Trimble,page 3 (o-6006)
first regularor oalled sessionthereafterthe said schoolboard shall canvasssuch returns,declare the resultathereofand issue csrtifiaates of electiontotha personashGmr8by said returnsto have been elected.? (Emphasissupplied).
There is nothingin the speciallaw precludingthe retsnticnof one copy of the return by the presidingofficerof the election,and we believethat he shouldretain one oopy.
However', unlikethe rule in generalelections,the speoiallaw for manual deliverof the returnfs to any doss not specificallyprcrvide particularperson or persrms. It providesthat the returnsshall be made "to the board."
Our courtshave repeatedlyheld that boardshave no legal exist- enoe as exh, c-r -+ when their numbersmeet togetheras I board. (Texas Jurisprudence,Volume4 page 457; Webster,et al. Vs. Texas h Pacifio Motor TransportCompany,et al., 166 S.W. (2d) 75).
Therefore,it is our opinionthat the deliveryis not compPetely and legallyeffecteduntilthe returnsare plaoed before the board meeting as such. However,speedymanual deliveryof the election returna to the personsauthorizedto aocept them presentsa problemthat must be me% in a practicalmanner. It would ba impraotioaland unreasonableto contend that it would be necessaryfor the schoolboard to convenein a body in order to receiveand retainthe Peturns. The pr=osident and secretarycf the Board of Trusteesof the TsxarkanaIndependentSchool Distriotare the officerswhose funotionsare most nearly comparableto those of the county judge and oountyclerk,who LP~ chargedwiththe duty of receivingslec- tion returnsin generalelections. For that reason, it is our opinion that manual deliveryof the returnsmay be made to the presidentand secretaryof the schoolboard.
His third questionis8
Qhen the returns o(we in from an electionbox with voted ballotsor sur- plus ballotsloose and not sealed,what is the sohool distrlotsupposed to do about t$e matter?'
It is our opiiionthat the s&o01 board shouldkeep all of these ballotsfor one year after the election,and then burn them.
The specialrot quoted above adoptsthe rubs of generaleleotions as being applicableto electionsin your districtinsofaraa theyaro not changedby it. titicle 3026,V.R.C.S.,relatingto generalelections, reads, in part: "Immediatslyafter countingthe votes by the managersOf eleCtiOn,the presidingofficershall plaoe all the ballotsvoted, togetherwith one poll tax list and one tally list, into a wooden or metallicbox, and - .-
Hon. T. XI.TPimbZa,page 4 (C-6006)
shall securelyfastenthe hex x?ithnails, s~"ewsdr locks, and he shall. within ten days after the olsetioxr, Sunda;ysazd the days