Skip to main content

Elections

Summaries

KP-0002
Ken Paxton

Terms of office of hospital district directors, determining when two directors receive the same number of votes

KP-0009
Ken Paxton

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 82.002

KP-0013
Ken Paxton

Commencement of term of office of person elected to succeed a person who was appointed to fill a vacancy in the office of sheriff|Sheriff - commencement of term of office of person elected to succeed a person who was appointed to fill a vacancy in the office of sheriff

KP-0017
Ken Paxton

Consideration of Texas Constitution article III, section 49-k regarding the Texas Mobility Fund|Texas courts do not use ballot language to construe a constitutional amendment.|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-0026
Ken Paxton

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.|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.|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|A home-rule city's charter provision that conflicts with state law is void.|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 311.900(e) and is void.

KP-0046
Ken Paxton

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.|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 opinion|Bond proceeds approved by the voters in an election can only be used for those projects and cannot be applied to other projects.

KP-0102
Ken Paxton

School district trustee special election, uniform election dates|Uniform election dates for school district trustee special election

KP-0110
Ken Paxton

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 district

KP-0118
Ken Paxton

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 returns|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 under|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 conduct

KP-0138
Ken Paxton

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.|Under Full Faith and Credit Clause of United States Constitution, Texas must recognize Arkansas court valid order releasing individual from penalties and disabilities of Arkansas conviction

KP-0140
Ken Paxton

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.|Oath of office - 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.

KP-0149
Ken Paxton

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 to

KP-0161
Ken Paxton

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 141.063

KP-0170
Ken Paxton

Direct recording electronic voting machine in \r\nElection Code section 121.003(12), scope and limitations|direct recording voting machine|voting system|voting machine

KP-0177
Ken Paxton

Absent educational purpose, use of school district's public funds to transport students and employees to and from polling places violates Texas Constitution article III, section 52|Absent educational purpose, school district may not use public funds to transport students and employees to and from polling places|School district public funds may not be used to promote or oppose candidates or measures

KP-0191
Ken Paxton

Governor's authority to suspend special election procedures in emergency|Governor's authority to call expedited special election in emergency

KP-0196
Ken Paxton

Authority of school boards to establish additional eligibility requirements for office of school board trustee by imposing term limits

KP-0212
Ken Paxton

Applicability of Penal Code subsections 46.035(a-1), (a-2), and (a-3) to presiding election judge with handgun license|Applicability of Penal Code subsection 46.03(a)(2) to presiding election judge with handgun license|Applicability of Penal Code prohibitions on open and concealed carry of handguns on higher education institution campus to presiding election judge with handgun license|Applicability of Penal Code prohibitions on carrying handgun at polling place located on private property to presiding election judge with handgun license|Authority of presiding judge with handgun license to carry handgun at polling place on election day|Application of Education Code section 37.125 to presiding election judge with handgun license

KP-0217
Ken Paxton

Temporary directors - authority to cancel confirmation and candidate election|Temporary directors - scope of authority in absence of confirmation and candidate election|Appointing official's authority to withdraw appointment of temporary director

KP-0221
Ken Paxton

Municipality's authority to impose fines and fees under Local Government Code section 43.0117(b) concerning annexation near military base|Annexations near active military base - sufficiency of ballot measure

GA-0001
Greg Abbott

Multi-county groundwater conservation district, effect of elections held in fewer than all counties of

GA-0013
Greg Abbott

Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivision

GA-0025
Greg Abbott

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 elec|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 elect|Preferential voting|Instant runoff voting

GA-0046
Greg Abbott

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 years|Vacancy on city council of type A general-law city occurs when city council accepts resignation or eight days after it is submitted, whichever is earlier|Resignation of city council member of type A general-law city creates vacancy when accepted by city council or eight days after submission, whichever is earlier|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 years

GA-0063
Greg Abbott

Congressional districts, authority and responsibility of legislature to redraw|Voting Rights Act, application to redistricting|Redrawing of congressional districts, authority of legislature and courts|Redistricting Texas congressional seats, authority of courts to do so if legislature does not adopt a constitutional plan

GA-0093
Greg Abbott

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 invalid

GA-0104
Greg Abbott

Voting Rights Act claim arising in context of election contest suit, whether school district may reimburse trustee for legal expenses related to|Legal expenses related to Voting Rights Act claim arising in context of election contest suit, whether school district may reimburse trustee for

GA-0151
Greg Abbott

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 election

GA-0160
Greg Abbott

Signatures for local option alcohol petition, suspense list voters are not included in determining minimum number of|Local option alcohol petition, rules for calculating minimum number of signatures required for|Local option alcohol petition, suspense list voters are not included in determining minimum number of signatures for

GA-0209
Greg Abbott

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 st|Signature withdrawal from special election petitions, Texas recognizes the common-law right of|Local option election petitions, local election officials may not count signatures that are timely withdrawn, but they must count signatures if they are valid and if they appear on petition pages in conformity to statute

GA-0210
Greg Abbott

Resign to run, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacy|Automatic resignation, whether officeholder's conversation with newspaper reporter about plans to run for another office constitutes announcement of a candidacy|Private conversation with newspaper reporter about officeholder's plans to run for another office did not constitute announcement of candidacy

GA-0217
Greg Abbott

Resign to run, authority of home-rule city to provide in city charter for automatic resignation of mayor or council member who runs for another office|Resign to run, police officers who are not officers are not subject to automatic resignation under article XI, section 11|Home-rule city, authority to provide in city charter for automatic resignation of mayor or council member who runs for another office

GA-0263
Greg Abbott

Appointee to office of sheriff entitled to hold office until his successor has duly qualified|General election, person elected sheriff at, not entitled to assume office until January 1 of following year|Appointee to office of sheriff entitled to serve until successor has qualified, and successor may not assume office until January 1 of year following general election|Sheriff, person appointed to fill unexpired term of sheriff is entitled to hold office until his successor has duly qualified|Sheriff elected at November general election not entitled to assume office until January 1 of following year

GA-0265
Greg Abbott

Sales and use tax authorized by section 4B, article 5190.6, Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field|Legislative finding that projects under section 4B(a)(2)(A), article 5190.6 of the Development Corporation Act of 1979 accomplish public purposes relating to economic development|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 voters|Section 4B, article 5190.6 of the Development Corporation Act of 1979 sales and use tax, Gun Barrel City Economic Development Corporation may use to fund youth football field|Sales and use tax under section 4B, article 5190.6 of the Development Corporation Act of 1979, Gun Barrel City Economic Development Corporation may use to fund youth football field

GA-0269
Greg Abbott

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 to|Elections implementing a tax freeze under article VIII, section 1-b(h), home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to|Elections implementing a tax freeze under article VIII, section 1-b(h) of the Texas Constitution, home-rule charter provisions limiting frequency of special elections on voter-initiated ordinances may apply to

GA-0286
Greg Abbott

Statutes regulating the manner of holding an election are directory and a departure from their provisions will not ordinarily invalidate an election, unless each departure affects or changes the result of the election|Statutory enactments concerning elections must be liberally construed in order to ascertain and effectuate the will of the voters|Submission of election predict returns to the Secretary of State, whether county's timely submission constitutes certification of election results within Texas Racing Act is fact question for the Commission|Certification of local option election results to Secretary of State within ten days, statute requiring is directory|Results of a local option election on pari-mutuel wagering propositions must be certified to the Secretary of State before the Texas Racing Commission may accept or act on a license application|Certification of election results is ministerial task

GA-0342
Greg Abbott

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 preempted|Municipal regulation conflicts with state law, home-rule municipality preempted from regulating subject matter if|Home-rule cities, legislative power is vested in city council and citizenry of|Governing Body

GA-0361
Greg Abbott

County election commission is not subject to the Open Meetings Act|"Deliberative body that has rulemaking or quasi-judicial powers," construing the phrase|Deliberative body that has rulemaking or quasi-judicial powers

GA-0392
Greg Abbott

Directors of Bandera County River Authority and Groundwater District, qualifications for election found in Election Code|Bandera County River Authority and Groundwater District, qualifications for election of directors|Groundwater conservation distrct

GA-0453
Greg Abbott

Annexation election, under chapter 130 of the Texas Education Code a junior college district may not conduct annexation election where territory includes more than one school district or county|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 county|Annexation election, under chapter 130 of Texas Education Code a junior college district may not conduct where territory includes more than one school district or county

GA-0550
Greg Abbott

Redistricting constable precincts, appointment of successor constable following|Constable's duty to serve following redistricting that abolishes the constable's precinct|Constable's duty to hold over in office following automatic resignation pursuant to resign-to-run provisions of the constitution

GA-0555
Greg Abbott

Six-month residency requirement in Election Code applies to candidate for junior college governing body|Express statutory language needed to exempt candidate for junior college governing board from general residency requirement in Election Code|Qualified elector

GA-0635
Greg Abbott

Local option status, effect of county-wide election on local option status of smaller voting units resulting from prior elections held in their territorial limits|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 limits|Local option status or status

GA-0643
Greg Abbott

Constable's conduct, whether conduct implicates resign-to-run provisions of article XVI, section 65 of the Texas Constitution|Announce|Campaign treasurer appointment filing, constitutionality of

GA-0698
Greg Abbott

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 Representatives

GA-0712
Greg Abbott

Dallas Independent School District Board of Trustees was not authorized to change length of members' terms of office after December 31, 2007|Length of terms of trustees, Dallas Independent School District Board not authorized to change length of members' terms of office after December 31, 2007

GA-0756
Greg Abbott

Application for place on Logan Slough Creek Improvement District, governed by the Election Code\r\n\r\nNotice of election for Logan Slough Creek Improvement District, governed by District’s legislation|Election Code, to the extent any provision governing the Logan Slough Creek Improvement District’s elections conflicts with the Election Code and does not provide otherwise, the provision in the District’s legislation is superseded by the|Logan Slough Creek Improvement District is subject to the Open Meetings Act|Logan Slough Creek Improvement District is subject to the Public Information Act|Property ownership requirement as qualification to serve as member of the board of directors|Governance of the Logan Slough Creek Improvement District|Taxable property in the district

GA-0763
Greg Abbott

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 authority|Petition signed by twenty percent of its qualified voters, municipality not required to receive before calling an election to withdraw from a regional transportation authority

GA-0769
Greg Abbott

Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissioner’s seat under particular circumstances

GA-0783
Greg Abbott

Local option election; county payment for expenses of|Local option election, when petitioners must make deposit to file petition|Local option elections

GA-0806
Greg Abbott

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 41.0052

GA-0832
Greg Abbott

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 by

GA-0870
Greg Abbott

Recall election, municipal charter recall election provisions impose upon a city council the ministerial duty, subject to compulsion by mandamus, to order the \r\n\r\nCounty judge, Texas law does not authorize a municipal recall election to be ordered by a|City council, municipal charter recall election provisions impose a ministerial duty, subject to compulsion by mandamus, upon the|County judge, Texas law does not authorize a municipal recall election to be ordered by a

GA-0876
Greg Abbott

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 the

GA-0907
Greg Abbott

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 might|A person elected or appointed to fill a vacancy on a junior college district’s board of trustees must perform the duties of office until his or her successor is duly qualified

GA-0922
Greg Abbott

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 Code

GA-0925
Greg Abbott

Emergency services district in Navarro County, November 6, 2012 is the next available date to hold election to create|Next available date to hold election to create emergency services district in Navarro County is November 6, 2012

GA-0933
Greg Abbott

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 Code

GA-0939
Greg Abbott

County elections administrator may also be employed to perform duties of a 9-1-1 addressing agent and to assist in preparation of redistricting maps|County elections administrator does not hold public office

GA-0985
Greg Abbott

Under Texas Constitution art. XI, section 11(a), home-rule municipality may not change its city council terms from three years to four years without charter amendment|City council terms of home-rule city that exceed four years are contrary to Texas Constitution article XI, section 11(a)|Home-rule municipality may not change city council terms from three years to four years without charter amendment

GA-0995
Greg Abbott

State Bar of Texas is an administrative agency of the judicial department that aids the Texas Supreme Court in the court\\'s regulation of the practice of law in Texas|Government Code section 81.019 pertains to the election of officers to the Texas State Bar Board of Directors|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\\"|Government Code subsection 81.019(c) does not exempt president-elect write-in candidates from State Bar election rules and Board policies|Enforceability of sections 2.01.04 and 2.01.05 of Texas State Bar Board of Director\\'s Policy Manual relating to Board eligibility requirements|Sitting members of Texas State Bar Board of Directors are precluded from being nominated for president-elect under Board policy|Texas State Bar rule article IV, section 11(B) does not prohibit sitting Board members from being nominated for president-elect by petition|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 unenforceable|State Bar of Texas, Texas Supreme Court exercises administrative control over and promulgates rules which govern the State Bar|State Bar of Texas board of directors is the governing and policy-making body within the State Bar. To the extent that 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 unenforceable|Supreme Court of Texas exercises administrative control over and promulgates rules which govern the Texas State Bar

GA-0996
Greg Abbott

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 to|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

GA-1026
Greg Abbott

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 under|Texas statutes, a state employee is not prohibited from becoming a candidate for elective office under|Texas Constitution article 16, section 40(b), a state employee is not prohibited from assuming elected county office under

GA-1043
Greg Abbott

Recall petition - standing of an individual officeholder who is the subject of, or a city, to file a declaratory action to establish the sufficiency of|Recall petition, individual officeholder who is the subject of, would generally have standing to file a declaratory action to establish the sufficiency of|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 requires|Recall petition, whether any particular city can establish standing to challenge the sufficiency of, is for a court to determine|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 requires

DM-0053
Dan Morales

Election, number of members elected in transition from seven to nine member board|School district trustee election, number of members elected in transition from seven to nine member board

DM-0075
Dan Morales

Precinct change because of redistricting does not result in change of office for incumbent or officer-elect from original precinct|Break in office, elimination of precinct through redistricting and election of incumbent constable to new precinct created does not result in|Licensed peace officer, constable who has been continuously reelected to office since before 1985 is not required to become

DM-0089
Dan Morales

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 Code

DM-0134
Dan Morales

Office of county election administrator, whether a county has authority to contract with other political subdivisions to fund|Office of county election administrator, authority to contract with other political subdivisions to fund|County election administrator, contract with other political subdivisions to fund office must conform to chapter 31 of the Election Code

DM-0168
Dan Morales

Early voting period, names of persons voting by personal appearance during early voting period are open to public

DM-0172
Dan Morales

Petition for election to adopt Optional County Road System containing provisions not authorized by statute invalid

DM-0351
Dan Morales

Apportionment|Districting|Apportionment requiring election of new senate, legislation changing two senatorial districts constitutes

DM-0377
Dan Morales

Announce|Hold over in office under article XVI, section 17, officer who resigns to run for another office continues to|Automatic resignation under article XVI, section 65, officer who resigns to run for another office continues to hold over in office until successor is appointed and qualifies for office under article XVI, section 17|Vacancy in office of judge of a statutory county court, authority to fill|Vacancy in office, authority of commissioners court to fill|Hold over in office, officer who resigns to run for another office continues to

DM-0406
Dan Morales

Hold over provision requires officer who has resigned to continue to serve, but officer may not withdraw effective resignation due to hold over status|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 thereafter|Resignation from office, effective upon acceptance by appropriate authority or on the eighth day after receipt by appropriate authority and may not be withdrawn thereafter

DM-0408
Dan Morales

Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits Lottery Commissioners from|Soliciting political contributions in personal as well as official capacity, statute that prohibits members of Lottery Commission from does not abridge members' free-speech rights|Soliciting political contributions in personal as well as official capacity, statute prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits members of Lottery Commission from|Soliciting political contributions in personal as well as official capacity, statute constitutionally prohibits commissioners from|Solicit

DM-0431
Dan Morales

Election contest, county may not reimburse sheriff for legal fees incurred in defending|Contested election, county may not reimburse sheriff for legal fees

DM-0453
Dan Morales

Local or special law, test of whether law is general or special|Venue project for Harris County and Houston not required to hold referendum election to impose hotel occupancy or car rental taxes|Due process, county may impose hotel occupancy and car rental taxes in absence of election where legislature has set fixed maximum rate and where taxation does not vary on the basis of benefit received|Referendum election on venue project, classification scheme obviating need for election in counties that have recently held does not unconstitutionally discriminate|Venue project, Harris County not required to hold election for|Hotel occupancy tax, Harris County and Houston need not hold referendum election on venue project to impose|Car rental tax, Harris County and Houston need not hold referendum election on venue project to impose|Referendum election for Harris County and Houston, imposition of hotel occupancy or car rental taxes does not require

DM-0455
Dan Morales

Sports venue district composed of a county and municipality, municipal election not required provided voters of county gave their approval|Imposition of taxes for sports and community venue district, neither state nor federal constitutions require an election prior to|Harris County-Houston Sports Authority, municipal election was not required for creation of sports venue project provided voters of county approved project

DM-0484
Dan Morales

Board membership eligibility statute requiring candidate to be land owner in district is unconstitutional if requirement does not rationally serve a legitimate state purpose|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 purpose|Ballot access, statute requiring drainage district board member to own land within the district is unconstitutional if requirement does not rationally serve a legitimate state purpose

DM-0493
Dan Morales

Removal requirements, statute disqualifying certain officers construed to incorporate|Retroactive law, whether statute disqualifying officer who becomes a candidate for another office constitutes|Hold over, whether disqualified officer holds over depends upon application of constitutional removal requirements|Statute disqualifying water district director who becomes a candidate for another office, constitutionality of|Retroactive application, presumption against|Constitutional, presumption that legislature intended statute to be

JC-0006
John Cornyn

Edwards Aquifer Authority, resign-to-run provision in chapter 49 of the Water Code applies to directors of|Resign-to-run provision in chapter 49 of the Water Code applies to directors of Edwards Aquifer Authority

JC-0038
John Cornyn

State funds provided to county registrars not intended to fund normal operations of registrar's office|State funds provided to county registrars, Secretary of State may by rule restrict use of|State funds provided to county registrars, Secretary of State has authority to adopt rules restricting use of

JC-0243
John Cornyn

Anonymous printed political advertisements, law prohibiting individual from creating and distributing in issue-based election is unconstitutional

JC-0247
John Cornyn

Maximum tax rate, hospital district governed by chapter 286 of the Health and Safety Code may not hold an election to consider raising|Hospital district governed by chapter 286 of the Health and Safety Code may not hold an election to consider raising the district's maximum tax rate|Express constitutional or statutory authority required to hold election

JC-0249
John Cornyn

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. A|Automatic resignation provisions of article XVI, section 65, act of seeking political party's executive committee's nomination to be the party's general election candidate for a new office does not trigger (Tex. Att'y Gen. Op. No. JM-132 (1984) and Tex.

JC-0293
John Cornyn

Holds over in office, incumbent municipal officer whose term is set by charter at more than two but no more than four years (assuming incumbent's term of office has not yet expired) holds over in office despite receiving a plurality, not a majority, of th|Incumbent officer whose term of office is set by charter at more than two but no more than four years holds over in office despite receiving a plurality of the vote in reelection attempt (assuming incumbent's term of office has not yet expired)|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-0318
John Cornyn

Automatic resignation of city council member pursuant to article XI, section 11 of the Texas Constitution, vacancy must be filled by special election rather than by appointment|Automatic resignation of city council member, city that fails to hold a special election within 120 days after the date of the automatic resignation as required by article XI, section 11 of the Texas Constitution may not avoid holding a special election u|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 expires|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 appointment|Automatic resignation of city council member, city that fails to hold a special election to fill vacancy within 120 days after the date of the automatic resignation may not avoid holding a special election until member's term expires|Automatic resignation of city council member, vacancy must be filled by special election rather than by appointment

JC-0330
John Cornyn

Early Voting Ballot Board, wife of chairman of San Jacinto County Republican Party is not prohibited from service on

JC-0384
John Cornyn

General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than at|Term of office to which elected, regardless of recognition of United States Census of Population a "joint clerk" who performs duties of both district clerk and county clerk is entitled to complete|Office of "joint clerk" who performs duties of both district clerk and county clerk, such office is to be separated, should census figures require it, at expiration of term of office to which incumbent was elected rather than on date United States Census |Joint clerk

JC-0388
John Cornyn

Lieutenant governor, person elected by Senate to perform duties of is required to serve as member of Legislative Redistricting Board|Legislative Redistricting Board, person elected by Senate to perform duties of lieutenant governor is required to serve as member of

JC-0403
John Cornyn

Automatic resignation, municipal officer charged with initiating special elections must act to initiate an election to fill a vacancy so that the vacancy is filled within 120 days|Automatic resignation, 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|Automatic resignation, 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 Constitution|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 Constitution|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 days

JC-0435
John Cornyn

Campaign contribution and expenditure reports filed electronically with the Commission, public access to|Campaign contribution and expenditure reports filed electronically with the Ethics Commission, public access to

JC-0444
John Cornyn

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 pu|Confirmation election, county is not authorized to pay for the election and may not make a donation or grant to district for that purpose

JC-0464
John Cornyn

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 legislature|Legislator prohibited from holding unpaid state office by article XVI, section 40(d)|Dual office holding, legislator prohibited from holding unpaid state office by article XVI, section 40(d) of the Texas Constitution|State board member who does not hold lucrative office is not required by article III, section 19 of the Texas Constitution to resign from office in order to run for the legislature; that provision is not relevant to the board member's eligibility to run f

JC-0537
John Cornyn

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 of|County or precinct chair of political party, school district trustee is not precluded from being candidate for or serving as

JC-0562
John Cornyn

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 Constitution

JC-0569
John Cornyn

Groundwater conservation district, effect of defeat of confirmation of|Defeat of ballot proposition confirming creation of Southeast Trinity Groundwater Conservation District, effect of