Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A person elected or appointed to fill a vacancy on a junior college districtís board of trustees must perform the duties of office until his or her successor is duly qualifiedGA-0907
A school district may, not later than December 31, 2010, change the date on which it holds its general election for trustees to the November uniform election date and adjust the terms of office to conform to the new election date pursuant to Election Code section 41.0052GA-0806
Absent educational purpose, school district may not use public funds to transport students and employees to and from polling placesKP-177
Allow a court to determine whether a board member vacated his position, depending on the facts of the case and the circumstances surrounding any particular litigation, an application for a writ of quo warranto, a declaratory judgment, or an injunction mightGA-0907
Apportionment requiring election of new senate, legislation changing two senatorial districts constitutesDM-0351
Authorized by the electorate, county road district may borrow money by issuing tax anticipation notes and bond anticipation notes as well as bonds but not unlessJM-1276
Ballot application is "governmental record" for purposes of chapter 37 of Penal Code which prohibits tampering with governmental recordLO93-065
Binding, whether referendum on recreational facilities isLO96-120
Bond election, county road district bond election is not rendered invalid if amount to be voted upon is changed after a public hearingJM-1276
Boundary changes in two senatorial districts, whether Texas Constitution requires new election and redrawing of lots after legislature imposesLO95-046
Campaign contribution and expenditure reports filed electronically with the Ethics Commission, public access toJC-0435
Certification of local option election results to Secretary of State within ten days, statute requiring is directoryGA-0286
Charter amendment changing standing date of general elections enacted after statutory deadline in section 41.0052(a), Election Code, conflicts with state law and is therefore preemptedGA-0342
City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)GA-0985
Constable who was convicted of a felony but whose conviction was finalized only after he was reelected to a new term is automatically removed from office under subsection 87.031(a) of the Local Government CodeGA-0933
Constable who was convicted of a felony but whose conviction was finalized only after he was reelected to a new term is automatically removed from office under subsection 87.031(a) of the Local Government CodeGA-0933
Contested election, county may not reimburse sheriff for legal feesDM-0431
Dallas Independent School District Board of Trustees was not authorized to change length of members' terms of office after December 31, 2007GA-0712
Elected officer who did not file signed oath of office statement, de facto status ofLO96-056
Election Code section 41.0052, board of trustees of independent school district may not currently change the date on which it holds its elections for its members to the May uniform election date but may only change to the November uniform election date as provided byGA-0832
Express constitutional or statutory authority required to hold electionJC-0247
Federal court order changing senatorial district boundaries, whether Texas Constitution requires election of new senate subsequent toLO95-046
General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than atJC-0384
Groundwater conservation district, effect of defeat of confirmation ofJC-0569
Home-rule municipality may not change city council terms from three years to four years without charter amendmentGA-0985
Instant runoff voting, home-rule municipality cannot institute because inconsistent with state constitutional and statutory requirements that municipal officers be elected by majority vote and, if no candidate be elected by a majority, that a runoff elecGA-0025
Legislative Redistricting Board, person elected by Senate to perform duties of lieutenant governor is required to serve as member ofJC-0388
Local option election petitions under Alcoholic Beverage Code, local election officials may not count signatures that are timely withdrawn, but they must count signatures if they are valid and if the signatures appear on petition pages in conformity to stGA-0209
Local option election to change local option status of a judicial precinct must be conducted in same territory that comprised precinct when local option status was established (Overrules Tex. Att'y Gen. Op. No. H-515 (1975))JM-1177
Local option election, when petitioners must make deposit to file petitionGA-0783
Local option election; county payment for expenses ofGA-0783
Local option liquor election, county may not refuse to hold because per-voter reimbursement by city is insufficient to cover cost of electionJM-1133
Multi-county groundwater conservation district, effect of elections held in fewer than all counties ofGA-0001
Municipality is not required to receive a petition signed by twenty percent of its qualified voters before calling an election to withdraw from a regional transportation authorityGA-0763
Petition to hold local option liquor election, no signature may be counted if there is reason to believe it is a duplication of a name or of handwriting used in any other signatureJM-1133
Political expenditure, amount must be determined by person making the expenditure before it is reportableLO97-094
Precinct change because of redistricting does not result in change of office for incumbent or officer-elect from original precinctDM-0075
Primary elections, conduct entirely regulated by state lawLO95-073
Recall election, municipal charter recall election provisions impose upon a city council the ministerial duty, subject to compulsion by mandamus, to order the County judge, Texas law does not authorize a municipal recall election to be ordered by aGA-0870
Redrawing of congressional districts, authority of legislature and courtsGA-0063
Resign to run, legislator that announces candidacy for Governor during the first year of a two-year term is not required to immediately resign from House of RepresentativesGA-0698
Runoff, incumbent municipal officer whose term is set by charter at more than two but no more than four years holds over in office until candidate receives majority vote in and is duly qualified for office (assuming incumbent's term of office has not yet JC-0293
Sale of alcoholic beverages, effect of county-wide election on local option status of smaller voting units resulting from prior elections held in their territorial limitsGA-0635
Sales tax election to fund venue project, city may not hold earlier than one year from date of previous sales tax electionLO98-074
School board trustees elected from single member districts or by numbered position, whether board may choose to have elected by majority voteLO95-087
School district public funds may not be used to promote or oppose candidates or measuresKP-177
School district trustee election, number of members elected in transition from seven to nine member boardDM-0053
Sheriff elected at November general election not entitled to assume office until January 1 of following yearGA-0263
Signature withdrawal from special election petitions, Texas recognizes the common-law right ofGA-0209
Sports venue district composed of a county and municipality, municipal election not required provided voters of county gave their approvalDM-0455
Terms of office of hospital district directors, determining when two directors receive the same number of votesKP-002
Vacancy on city council must be filled by election pursuant to article XI, section 11, Texas Constitution if city officers serve terms longer than two yearsGA-0046
Venue project for Harris County and Houston not required to hold referendum election to impose hotel occupancy or car rental taxesDM-0453
Voting Rights Act claim arising in context of election contest suit, whether school district may reimburse trustee for legal expenses related toGA-0104
Alternate election judge who is appointed to a single election does not hold an officeLO96-081
Compensation of primary workers paid from state fundsLO95-073
County election administrator, contract with other political subdivisions to fund office must conform to chapter 31 of the Election CodeDM-0134
County election commission is not subject to the Open Meetings ActGA-0361
County elections administrator may also be employed to perform duties of a 9-1-1 addressing agent and to assist in preparation of redistricting mapsGA-0939
Direct recording electronic voting machine in Election Code section 121.003(12), scope and limitationsKP-170
Early Voting Ballot Board, wife of chairman of San Jacinto County Republican Party is not prohibited from service onJC-0330
Early voting mail ballot may not be sent to address inside county in response to application for ballot on grounds of absence from countyLO94-092
Early voting period, names of persons voting by personal appearance during early voting period are open to publicDM-0168
Education Code section 11.053, independent school district board of trustees may not appoint a current member to a newly-created position and thereby extend that member's term pursuant toGA-0996
Election Code, to the extent any provision governing the Logan Slough Creek Improvement Districtís elections conflicts with the Election Code and does not provide otherwise, the provision in the Districtís legislation is superseded by theGA-0756
Election judges, alternate election judges, and early-voting clerks are public officers and must take the constitutional oath of office under Texas Constitution article XVI, section 1, in addition to the statutory election officer's oath.KP-140
Enforceability of sections 2.01.04 and 2.01.05 of Texas State Bar Board of Director's Policy Manual relating to Board eligibility requirementsGA-0995
Government Code subsection 81.019(c) does not exempt president-elect write-in candidates from State Bar election rules and Board policiesGA-0995
Government Code subsection 81.019(c) is not an exception to State Bar of Texas election rules or its Board's policies, but rather is a specific legislative requirement as to what the "election rules must permit"GA-0995
Governor's authority to suspend special election procedures in emergencyKP-191
Groundwater conservation district confirmation election, Election Code provides that county will conduct election for monetary consideration; county is not authorized to pay for the election and may not make a donation or grant to the district for that puJC-0444
Petition for election to adopt Optional County Road System containing provisions not authorized by statute invalidDM-0172
School district trustee special election, uniform election datesKP-102
Secretary of State's authority to issue advisory opinion regarding the counting of irregularly marked ballotsLO94-075
Section 33.061, Election Code, it is a Class A misdemeanor for a person serving in an official capacity at a location at which the presence of watchers is authorized to prevent a watcher from observing an activity the watcher is entitled to observe underKP-118
Section 65.001, Election Code, not applicable to early voting procedures, the early voting ballot board, rather than the election judge at each polling location, counts the ballots and prepares the returnsKP-118
Section 82.002 of the Election Code, to be eligible to vote early by mail based on a disability, a qualified voter must satisfy the standard established under section 82.002KP-009
Sitting members of Texas State Bar Board of Directors are precluded from being nominated for president-elect under Board policyGA-0995
State funds provided to county registrars not intended to fund normal operations of registrar's officeJC-0038
State funds provided to county registrars, Secretary of State may by rule restrict use ofJC-0038
Texas State Bar rule article IV, section 11(B) does not prohibit sitting Board members from being nominated for president-elect by petitionGA-0995
Title 14, Election Code, an election contest is available if the true outcome of the election is in dispute due to an election officer or other person officially involved in the administration of the election: (A) preventing eligible voters from voting; (B) failing to count legal votes; or (C) engaging in other fraud or illegal conductKP-118
To the extent that Texas State Bar Board of Directors' policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceableGA-0995
Unopposed candidates for junior and community college district trustee, applicability of procedures for electing without holding an electionLO96-069
Vacancy in office by resignation, public officer's resignation effective upon acceptance by appropriate authority or on the eighth day after receipt by appropriate authority and may not be withdrawn thereafterDM-0406
Voter registration information maintained on computer system serving all county offices, commissioners court may not enter into contract with private business for service of system without prior approval of Secretary of StateJM-1275
Candidate Qualifications
A charter provision limiting the number of terms a tax increment reinvestment zone board member may serve where Tax Code section 311.009(c) would permit the tax increment reinvestment zone board member to serve an unlimited number of terms likely renders such a charter provision void.KP-026
A city's charter provision limiting a person's eligibility to serve on a tax increment reinvestment zone board to only city residents conflicts with Tax Code section 311.009(e) and is void.KP-026
Application for place on Logan Slough Creek Improvement District, governed by the Election Code Notice of election for Logan Slough Creek Improvement District, governed by Districtís legislationGA-0756
Authority of school boards to establish additional eligibility requirements for office of school board trustee by imposing term limitsKP-196
Ballot petition, rights to political association and to vote, constitutionality of requiring signers' voter registration numbersLO96-005
Directors of Bandera County River Authority and Groundwater District, qualifications for election found in Election CodeGA-0392
Election Code section 141.063 - a signor's printed name does not have to exactly match the name as it appears on the voter registration list for purposes of a petition to place a candidate's name on the ballot under section 141.063KP-161
Election Code subsection 141.001(a)(4) does not prohibit individual from holding public office in Texas if penalties and disabilities of Arkansas felony conviction have been removed by Arkansas court.KP-138
Express statutory language needed to exempt candidate for junior college governing board from general residency requirement in Election CodeGA-0555
Felony conviction disqualifies person from serving as school district board memberLO96-114
Land owner in drainage district, statute requiring that candidate for drainage district governing board must be is unconstitutional if requirement does not rationally serve a legitimate state purposeDM-0484
Six-month residency requirement in Election Code applies to candidate for junior college governing bodyGA-0555
Special election candidacy, eligibility not affected by vote in party primaryLO96-094
Special election candidacy, statement of party alignment on special election ballot application is not party "affiliation"LO96-094
State legislature candidate, eligibility after resigning position as city council memberLO95-069
Term of office as county judge overlaps legislative term; article III, section 19 of Texas Constitution does not disqualify judge from running for legislature if he resigns before filing for legislatureLO97-092
Type B general law city, candidate for elective office must meet requirements of section 23.024 of the Local Government Code and section 141.001(a)(4) of the Election CodeDM-0089
Unpaid state board member not required by article III, section 19 of the Texas Constitution to resign from office in order to run for the legislatureJC-0464
Water Code 49.052(a)(2) - Court is likely to construe 49.052(a)(2) to disqualify employee of county attorney's office from serving as water control and improvement district board member in same county when county attorney also provides professional legal services to the water control and improvement districtKP-110
Constitutional Provisions
Ballot language of a proposed constitutional amendment is sufficient if it identifies the amendment, showing its character and scope, that is, its intent, import, subject matter, or theme.KP-017
Political Parties and Activities
Affiliation with political party, statement of party alignment on special election ballot application is not party "affiliation"LO96-094
Agent of state, political party conducts primary election asLO95-073
Anonymous printed political advertisements, law prohibiting individual from creating and distributing in issue-based election is unconstitutionalJC-0243
Campaign contributions to officeholder, use not restricted to particular political campaign (Modified by Tex. Att'y Gen. Op. No. JC-0249 (2000))LO95-071
County or precinct chair of a political party, school district trustee does not hold an "office of state government" and thus is not precluded from being candidate for, or serving in position ofJC-0537
Officeholder contributions, whether law firm expenditures relating to state agency litigation constituteLO96-124
Party nominees, statement of party alignment on special election ballot application does not make candidate party's "nominee"LO96-094
Political advertising, whether law firm expenditures for advertising relating to state agency litigation constituteLO96-124
Political contribution consisting of individual's personal service, candidate/officeholder does not have to report if individual is not compensated for the serviceLO97-094
Precinct chair of a political party is not a public office, and accordingly candidacy for by city official does not trigger resign-to-run provisions of Texas ConstitutionJC-0562
Soliciting political contributions in personal as well as official capacity, statute prohibits members of Lottery Commission fromDM-0408
A court would likely determine that the Metropolitan Transit Authority of Harris County intended the expenditure of a portion of the bond proceeds on the Uptown/West Loop 4.4 mile rail segment to be a part of its contract with the voters.KP-046
Annexation election, under chapter 130 of Texas Education Code a junior college district may not conduct annexation election where territory includes more than one school district or countyGA-0453
Ballot language for city election to impose sales and use tax for economic development and reduce sales and use tax adopted to reduce property taxesLO93-104
Ballot proposition in sales and use tax election under section 4B, article 5190.6 of the Development Corporation Act of 1979 forms part of contract with votersGA-0265
Determination of legality of the Metropolitan Transit Authority of Harris County's authority to participate in the Uptown Houston Transit Project involves fact questions and is inappropriate to an attorney general opinionKP-046
Elections implementing a tax freeze under article VII, section 1-b(h) of the Texas Constitution, home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply toGA-0269
Emergency services district in Navarro County, November 6, 2012 is the next available date to hold election to createGA-0925
Local option alcohol petition, rules for calculating minimum number of signatures required forGA-0160
Local option stock law election, in which a single ballot proposition combined proposals from a petition to restrain cattle with a petition to restrain horses or other animals, is invalidGA-0093
Maximum tax rate, hospital district governed by chapter 286 of the Health and Safety Code may not hold an election to consider raisingJC-0247
Non-binding referendum on age of criminal responsibility, county may not hold election absent specific statutory authorityLO94-091
Referendum on recreational facilities, sufficiency of ballot and propositionLO96-120
Sales and use tax for economic development projects, proposition must expressly provide for funding of maintenance and operating costs of project in order for tax proceeds to be used forLO98-062
Signatures for local option alcohol petition, suspense list voters are not included in determining minimum number ofGA-0160
Single ballot proposition, proposals for adopting economic development tax and additional sales and use tax in city may not be combined inLO96-110
With regard to the language of ballot propositions about voter approval of bonds and the imposition of taxes, subsection 52.072(e) of the Election Code applies to elections governed by section 130.037 of the Education CodeGA-0922
Public Officeholders
Commencement of term of office of person elected to succeed a person who was appointed to fill a vacancy in the office of sheriffKP-013
Recall election, existence of challenges to the sufficiency of a recall petition does not relieve a city council of duty to order, if the city charter so requiresGA-1043
Recall petition, individual officeholder who is the subject of, would generally have standing to file a declaratory action to establish the sufficiency ofGA-1043
State Board of Education, under section 7.103(c), Education Code, a person who is a lobbyist and who communicates directly with the legislative or executive branch to influence legislation or administrative action in or on behalf of a profession, business, or association that pertains to or is associated or connected with any of the statutorily enumerated powers or duties of the State Board of Education is not eligible to serve on theGA-0876
Texas Constitution article 16, section 40(b), a state employee is not prohibited from assuming elected county office underGA-1026
Texas statutes, a state employee is not prohibited from becoming a candidate for elective office underGA-1026
The federal Hatch Act - a state employee is prohibited from becoming a candidate for elective office if the salary of the employee is paid completely by federal funds underGA-1026
Appointment to another office, county judge who seeks has not automatically resignedLO96-107
City commissioner whose term exceeds two years who runs for trustee of consolidated school district board resigns from office by operation of article XI, section 11 of the Texas ConstitutionJC-0403
City council member, city that fails to hold a special election within 120 days after the date of automatic resignation as required by article XI, section 11 of the Texas Constitution may not avoid holding a special election until member's term expiresJC-0318
City council member, vacancy caused by automatic resignation under article XI, section 11 of the Texas Constitution must be filled by special election rather than by appointmentJC-0318
City officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 daysJC-0403
Constable's conduct, whether conduct implicates resign-to-run provisions of article XVI, section 65 of the Texas ConstitutionGA-0643
Constable's duty to hold over in office following automatic resignation pursuant to resign-to-run provisions of the constitutionGA-0550
County judge who announces candidacy for legislature when more than one year remains of term as judge will automatically resign pursuant to article XVI, section 65 of Texas ConstitutionLO97-092
Criminal district attorney who files formal application to run for school district trustee automatically resignsLO96-011
Edwards Aquifer Authority, resign-to-run provision in chapter 49 of the Water Code applies to directors ofJC-0006
Hold over in office, officer who resigns to run for another office continues toDM-0377
Hold over provision overrides city charter provision presumption of automatic vacation of officeLO96-014
Home-rule city, authority to provide in city charter for automatic resignation of mayor or council member who runs for another officeGA-0217
Justice of the peace with more than one year remaining in term automatically resigns office upon filing application for candidacy as school trusteeLO96-083
Officer's announcement that he is seriously considering running for another office, whether an automatic resignation is effected by (Modified by Tex. Att'y Gen. Op. No. JC-0249 (2000))LO95-071
Political party's executive committee's nomination to be the party's general election candidate for a new office, act of seeking does not trigger automatic resignation provisions of article XVI, section 65 (Tex. Att'y Gen. Op. No. JM-132 (1984) and Tex. AJC-0249
Precinct chair of a political party is not a public office, and accordingly candidacy for by city official does not trigger resign-to-run provisions of Texas ConstitutionJC-0562
Private conversation with newspaper reporter about officeholder's plans to run for another office did not constitute announcement of candidacyGA-0210
Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissionerís seat under particular circumstancesGA-0769
Statute disqualifying water district director who becomes a candidate for another office, constitutionality ofDM-0493
Withdrawal of candidacy for second office does not revoke automatic resignation from first office under "resign-to-run" provisionLO94-059
Voter Qualifications
Conservation and reclamation district operating under chapters 49 and 65 of the Water Code, person who purchases water from but who resides outside district's boundaries is ineligible to vote in electionGA-0151
Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivisionGA-0013
Section 82.002 of the Election Code, to be eligible to vote early by mail based on a disability, a qualified voter must satisfy the standard established under section 82.002KP-009
Subsection 82.002, Election Code - a qualified voter civilly committed pursuant to Health and Safety Code chapter 841 and residing at the Texas Civil Commitment Center is eligible to vote early by mail pursuant toKP-149