Carpenter v. Longuemare, A-4850
| Decision Date | 11 August 1954 |
| Docket Number | No. A-4850,A-4850 |
| Citation | 270 S.W.2d 457,153 Tex. 439 |
| Parties | CARPENTER v. LONGUEMARE et al. |
| Court | Texas Supreme Court |
Harold S. Long, El. Paso, for relator.
J. F. Hulse, Frank H. Hunter, El Paso, for respondent, Wesley E. Smith.
Ernest Guinn, El Paso, for respondent, Democratic Executive Committee.
This action was brought by relator, John D. Carpenter, as an original proceeding in this court to compel respondents, Charles A. Longuemare and the other named members of the Democratic Executive Committee of El Paso County to have his (relator's) name printed on the official ballot for the second, or run-off, primary election of that party to be held on August 28, 1954, as a candidate for nomination for the office of County Commissioner of Precinct No. 4 of that county along with the name of Wesley E. Smith. As an incident to the relief sought by mandamus, relator prayed for an injunction against the certifying by the Chairman to the County Clerk of the name of Wesley .e Smith as the candidate nominated at the July primary election. After the case was submitted on briefs and oral argument by all parties we entered an order granting the relief prayed for. Since it was necessary to have ballots printed at once there was no time for the preparation of a written opinion to be released with the order. We now record briefly the grounds upon which our order was based.
Jurisdiction of this cause is conferred upon this court by Vernon's Annotated Civil Statutes, Article 1735a. The facts are simple. Relator, John D. Carpenter, and respondent, Wesley E. Smith, were candidates for the nomination for the office of County Commissioner, Precinct No. 4, El Paso County, Texas, at the Democratic primary election on July 24, 1954. Smith received 1726 votes and Carpenter 1724 votes. There were three write-in votes for John L. Andreas and two write-in votes for Frank D. Stewart, but it is not alleged that either of them was a candidate for nomination for the office in question. After the votes were canvassed the County Executive Committee by resolution directed its Chairman, Longuemare, to certify the name of Wesley E. Smith as the nominee for the said office. Andreas and Stewart were qualified voters in the precinct and were eligible to hold the office in question if elected thereto.
Article 13.07 of the Election Code, V. A.T.S., reads as follows:
'In all nominations by political parties holding primary elections as provided in Chapter 13 of this Code, and amendments thereto, the candidates for County and precinct offices shall be nominated by a majority vote of the electors voting in such primary; provided that if no candidate received a majority of the votes cast for the candidates for the office for which he is a candidate, the County Executive Committee, after canvassing the results of such primary as provided by law shall cause the names of the two (2) candidates receiving the highest number of votes to be placed on the ballot to be voted upon at the second primary at the time and in the manner provided by law for such second primary. * * *'
It is the position of respondents that the statute provides for a run-off in the event only that no candidate receives a majority of the votes cast for the candidates for the office for which he is a candidate; and that write-in votes cast for persons who are not candidates are not to be counted.
In Article 14.01 of the Election Code, a chapter governing campaign expenditures, the word 'candidate' is defined as follows:
'The word 'candidate' shall mean any person who has announced to any other person or to the public that he is a candidate for the nomination for or the election to any office which the laws of this State require to be determined by an election.'
To give Article 13.07 the...
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Pyote Independent School Dist. v. Estes, 5747
...in the people. In overruling this point we again cite Bryant v. O'Donnell, 359 S.W.2d 281 (Tex.Civ.App., n.w.h.), and Carpenter v. Longuemare, 153 Tex. 439, 270 S.W.2d 457. Further, it has been held that in order to protect the public and individuals, an officer whose election or appointmen......
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Bryant v. O'Donnell
...a comparatively small number of voters exercised their write-in rights is no reason for disallowing their votes. In Carpenter v. Longuemare, 153 Tex. 439, 270 S.W.2d 457 the question arose whether five write-in votes would be counted. The two leading candidates received 1,726 and 1,724 vote......
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Williams v. Huntress, A-4898
...county only. Since this court is for a one-county district, he contends it is a county office. In the recent case of Carpenter v. Longuemare, Tex.Sup., 270 S.W.2d 457, this court held (the writer dissenting) that the definitions contained in Article 14.01 were not controlling of all portion......
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Sterrett v. Morgan, 15255
...for him to be a condidate. When the office to be filled is listed, write-in votes are valid and must be counted. Carpenter v. Longuemare, 153 Tex. 439, 270 S.W.2d 457; Dunagan v. Jones, Tex.Civ.App., 76 S.W.2d 219; Cunningham v. McDermett, Tex.Civ.App., 277 S.W. 218; Article 7.14, Section 1......