AfrxanN 11.TEKAS
June 29, 1954
son. Fred C. Brigman,Jr. opinion NO. s-132 CountyAttorney Uvalde county Re: Filing of campaigncontribution Uvalde,Texas and expenditure statement6under Article14.08, Vernon'sTexas ElectionCode, where the filing date falls on Sunday,July 4; Dear Mr. Brigman: and relatedquelrtions.
You have requestedan opinionon the followingquestions:
"1. Where the date for filingthe requiredsworn state- ment of the candidate'8expendituresfalls on a Sunday or a legal holiday,is the candidatepermittedto wait until the day followingsuch Sunday or legal holidayto file such morn statementof expensesin behalf of his candidacy?
"2. If the candidateIs permittedto wait until the day followingsuch Sunday or legal holiday,and the CountyClerk's office is closedby permissionof the Conrmissioners Court on the followingday, is the candidatepermittedto wait still anotherday to file such sworn statement?
"3 . If the candidateie not permittedto wait until the day followingsuch Sundayor legal holiday,ie the Coun- ty Clerk required,or permitted,to keep his officeopen on such Sunday or legal holidayfor filingsuch etatemente,or may he close his officeand the candidatewho fails to file hi6 statementthe day before such Sunday or legal holiday lose his right to have his name placed on the ballot?"
Article 14.08,Vernon'sTexas ElectionCode, requirescandidates to file statementsof campaigncontributions and expenditures"at intervals of twenty (20) days beginningsixty (60) days next precedingthe date of any electionIn which the candidate'sname appear0on the ballot." Unlike furtherprovisionsof the statutewhich requirethe filingof additional statementswithin a certainnumber of days computedfrom the day of the election,this part of the statutecalls for the filingof the statements on fixed days.
Statement8by candidate8for county offices,aa definedin Arti- cle 14.01,Vernon'sElectionCode, are to be filed with the county clerk, and those by candidatesfor districtand state officesare to be filed with the Secretaryof State. Hon. Fred C. Brigran,JP., page 2 (S-132)
Your inquiryis occasionedby the fact that the third statementin the Mries precedingthe July primariesthis year is due on Sunday,July 4.
Ye can give you an officialrulingon these questionsonly from the standpointof determiningthe powersand dutiesof the county clerks. But Incidentalto thla determinationit will be helppU1to considervhether the time for filing is extendedunder the statedcircumstances.We shall considerthe questionswith specialreferenceto the statementwhich is due on July 4, 1954.
The generalrule is that a public officerIs not requiredto keep his office open on Sunday or on any legal holidayon which public offices may be closed. HanoverFire Ins. Co. Y. Shrader,89 Tex. 35, 33 S.W. 112 (1895);Feaeendenv. Terrell,100 Tex. 273, 98 SOW, 640 (1907)- We are of the opinionthat the Legislaturehad no intentionof requiringthe Secre: tary of State and the countyclerksto remain open on Sundaysand holidays for the purposeof receivingthe statementsprescribedby Article 14.08, and we thereforeare not faced with the matter of publicpolicy which would be involvedin requiringofficialsto labor on the ChristianSabbath. This conclusionis supportedby the fact that the law of this State generally recognizesthat where a statuterequiresan act to be done on a certain day and that day falls on Sunday or a holiday,the time for performanceis extendeduntil the followingbusinessday unless the rtatuteexpresslyor by necessaryimplicationnegativesthe extension. It is our opinionthat the time for filing statementsunder the 20-day-interval provisionis ex- tended in accordancewith this rule,