Secretary of State
Under provisions of the Texas Election Code (Article 1. 03), the secretary of 
state is authorized to issue opinions based on the election laws. Under 
provisions of Texas Civil Statutes (Article 6252-9c, sec.14A), the secretary of 
state is authorized to issue advisory opinions in response to written requests 
based on a real or hypothetical situation that relates to Article 6252-9c.

Questions on particular submissions should be addressed to the Office of the 
Secretary of State, Elections Division, P.O. Box 12887, Austin, Texas 78711, 1 
(800) 252-9602 or (512) 463-5650.

Election Opinions

(Jh-1). Request from  Ranette Boyd, CMC/AAE, City Secretary, City of Lubbock,  
Lubbock, regarding whether cities may require write-in candidates to file 
declarations of write-in candidacy.

Summary of Opinion.
Home rule cities may require, by charter amendment or ordinance enacted under 
the charter, that write-in candidates file a declaration of write-in candidacy 
in order for such candidates to have votes cast for them counted. General law  
cities are not empowered to require that write-in candidates file declarations 
of write-in candidacy.

(Jh-2). Request from The Honorable Travis S. Ware, Criminal District Attorney,  
Lubbock, regarding whether a watcher may use a tape recorder or audiovisual 
camera to record information at a central counting station, and whether a 
counting station manager has authority to control the manner and method of poll 
watching.

Summary of Opinion.
A watcher may not use a mechanical or electronic device for audio, visual, or 
audiovisual recording at any location of service, including a central counting 
station.
The election judge at a central counting station must allow watchers their 
rights under the Election Code, but has authority to limit excessive or 
disruptive activity.

(Jh-3). Request from Diana L. Granger, City Attorney, City of Austin, Austin, 
regarding application of the Texas Election Code to the Charter of the City of 
Austin, Article IV, sec.6.

Summary of Opinion.
Under the express terms of the Texas Constitution, Article XI, sec.5, the 
provisions of a city charter must not be inconsistent with the Texas Election 
Code. The Texas Election Code mandates that propositions on a ballot appear in a 
"for or against" format and not in an "either-or" format. To the left of each 
proposition, "FOR" and "AGAINST" must be printed. The ballot instruction must be 
that authorized by the Texas Election Code, sec.52.073(d), and no additional or 
conflicting ballot instructions are authorized.
TRD-9211074