Texas Advisory Opinions March 27, 1972: AGO M-1101 (March 27, 1972)

No. M-1101 (1972).

Your request for an opinion asks the following questions:

"Texas Southmost Union Junior College District is having an election of trustees on April 1, 1972. They raise the question -- will the college be required to hold a run-off election in the event no candidate receives a majority of the vote.

"The second question relates to the fact that one of the candidates running for office of trustee will not reach age 18 until sometime in March 1972. The deadline for filing was March 1st and the election is to be held on April 1st."

Subdivision (e) of Section 130.044 of the Texas Education Code relating to elections of the Board of Trustees for a union junior college district, provides:

"(e) In the election each voter may vote for only one candidate for each numbered position. The candidate receiving the most votes for each numbered position voted on in the election is entitled to serve as a trustee on the board, in the position to which he is elected."

It is noted, however, that Section 130.043 provides that after the election of the original trustees, the Board of Trustees "shall be organized and constituted, pursuant to the provisions of Section 130.082 of this code and be governed by the provisions thereof." Subdivision (g) of Section 130.082 of the Texas Education Code specifically provides:

You are accordingly advised that if the individual in question holds a registration certificate entitling him to vote on the date of election, he is eligible for the office of trustee, provided he is a resident of the district.

Under the provisions of Section 130.082, Texas Education Code, an individual holding a voter registration certificate entitling him to vote on the date of election, is eligible for the office of trustee of a junior college district if he is a resident of the district.

Section 130.082 requires runoff elections for trustees of union junior college districts in the event no candidate receives a majority of the votes cast.

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Footnotes:

made on July 5, 1971, purusant to Title 1, Sec. 106b, U.S.C.A. This was published in 36 Fed. Reg. p. 12725, Wed., July 7, 1971. Texas had ratified the Amendment on May 5, 1971. Acts 62nd Leg., 1971, R.S., S.C.R. No. 65, p. 3867-8 (official bound vol. of Session Laws).