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==brief== | ==brief== | ||
GC 311.022: A statute is presumed to be prospective in its operation unless expressly made retrospective. | |||
EC | EC 12.034(a): The commissioners court by written order may rescind the order designating the county clerk as the voter registrar at any time after two years have elapsed . . . . | ||
EC 31.017(a): In a county with a population of more than 4 million, the secretary of state's office may order administrative oversight of a county office administering elections or voter registration . . . . | |||
EC 31.031(a) The commissioners court of a county with a population of 3.5 million or less by written order may create the position of county elections administrator for the county. | EC 31.031(a) The commissioners court of a county with a population of 3.5 million or less by written order may create the position of county elections administrator for the county. | ||
First, construe entire statute. change to administrator one way? in other words, no authority to move back to county clerk. only prospective? Then argue effect of 2023 amendment | First, construe entire statute. change to administrator one way? in other words, no authority to move duties back to county clerk/tax accessor-collector. only prospective? Then argue effect of 2023 amendment. | ||
Law being made theoretically, not for a day, but for all time, a statute applicable to cities of certain population is a general law when it establishes a rule for the prospective government or regulation of all such cities as may, in the course of time, reach the prescribed population; but where the statute obviously acts only on a present state of facts in such cities and cannot by possibility apply to other cities that may attain, in future, such population, it is local, special and void. | Law being made theoretically, not for a day, but for all time, a statute applicable to cities of certain population is a general law when it establishes a rule for the prospective government or regulation of all such cities as may, in the course of time, reach the prescribed population; but where the statute obviously acts only on a present state of facts in such cities and cannot by possibility apply to other cities that may attain, in future, such population, it is local, special and void. |