Texas Attorney General Opinion: M-594 Page: 3 of 4
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Hon. Dwayne V. Overstreet, page 3 (M-594)
or (iii) if between the first Monday in February
and the 30th day preceding the general primary,
both dates included, the only candidate who has
filed for a particular office in the primary of
that party withdraws or is declared ineligible.
In the enumerated circumstances, the name of
the deceased, withdrawn, or ineligible candidate
shall not be printed on the ballot, and appli-
cations for that party's nomination for that
office may be filed not later than 6 p.m. on
the 15th day following the death, withdrawal,
or declaration of ineligibility of the candi-
date; provided, however, that where the death,
withdrawal, or declaration of ineligibility
occurs less than 15 days before the 25th day
preceding the primary, the deadline for filing
shall be 6 p.m. on the 25th day preceding the
primary. Notwithstanding the provisions of
Paragraph 2b of this article, an application
which is not received by the chairman until
after 6 p.m. on the 25th day shall not be timely,
and applications mailed but not actually re-
ceived by that time shall not be accepted for
filing. Further, notwithstanding the provisions
of Article 13.08 or any other provision of
this code, the full amount of the assessment
or filing fee must be received by the chairman
not later than 6 p.m. on the 25th day."
It appears that the purpose of enacting the provisions
of Subdivision (ii) of Section 2a was to extend the filing dead-
line in those instances where a candidate (who is an officeholder)
decides not to run and whose name will not appear on the ballot.
In other words, it was the intention of the Legislature to grant
to those individuals who would seek the office if the incumbent
decided not to run an opportunity to have their name placed upon
the ballot in those instances where the incumbent files for re-
election and then decides not to have his name placed on the ballot.
In the instant case the incumbent's name will not appear
on the ballot for the reason that he did not pay the balance of
the assessment (Attorney General Opinion No. WW-1294 (1962)) and he
notified the County Chairman of the Democratic Party that he was not
seeking reelection. It is our opinion that the incumbent "withdrew
his candidacy by his refusal to pay the assessment within the mean-
ing of Subdivision 2(1)(1) of Section 2a of Article 13.12.-2833-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-594, text, March 12, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269818/m1/3/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.