Case Information
*1 IGNEY GENERAL TEXAS PRICE DANIEL
April 15, 1948
Hon. Will R. Wileon, Jr,. District Attorney opinion Ro. v-547 Dallas County Re: Precinct delegateato Dallas, Texas County,Democratic Con-
vention in Dallas County, Texas.
Dear Mr. Wilson:
Reference is made to your request for an opin- ion of this office wherein you present the following factual situation:
"The Dallas Count Commissioners' Court on August 11, $ 19 7, redistricted the voting precincts of the county, re- sulting in the creation of twenty one new voting precincts, and, in addition, af- fecting many old precincts by increasing and decreasing the voting strength of each through ohange of boundary.
11 0 . l We call your attention to the fact that delegates selected in precincts are accredited at the County Convention which in turn selects delegates to the State Convention assembled for the pur- pose of electing delegates to the Ration- al Convention.which in turn is called for the purpose of selecting the presidential nominee and establishing the party's plat- f OFIS. These precinct conventions meet on Saturday, May 1st. The County Convention assembles on Tuesday, May 4th, the Btate Convention assembles 'Pueaday, May 25th. e . .
"Question No. 1. Under the above state of facts how shall the number of delegates from the precincts to the 0011% ty Convention be determined and alloted among the various precincts including the newly created precincts and those whose *2 Hon. Will R, Wilson, Jr., page 2 (V-547)
boundaries have been changed?
"Question No. 2. How cs.n the num- ber of votes to which each precinct la entitled at the County Convention be determined including the new.ly created precincts and thoafj whose boundaries have been changed?
Article 2933, V, C. S., provides the method for dividing counties into convenient election pre- cincts and each Commissioners' Court may, if deemed proper, at each August term of the court divide their counties into convenient and different election pre- cincts.
The authority for the election of delegates as reflected by your factual situation is found in Article 3167, v, c. s., which provides in substance that any political party desiring to eleot delegates to a National Convention shall hold a State Conven- tion at such place as may be designated by the State Executive Committee on the fourth Tuesday in May (Hay 25, 1948) and every Pour years thereafter. The dele- gates to the State Convention shall be composed of aele-
ates from the County Conventions elected on the fir t Tuesday after the first Saturday in May'(Msy 4, 19487 and the delegates to the County Convention shall be com- posed of delegates elected at the precinat conventions on the first Saturday in May (Hay 1; 1948). The statute is ailent as to the number of delegates to be elected in each election so held. Being silent, and in the ab- sence of a statute directing the number of delegates to be elected from the various precincts to the County Con- vention the party is free to follow any method whichitmey choose in keeping with party usages and customs, so long as it does not pu$eue a method expressly prohibited by law. Stanford v. Butler, 181 S. W.(2d) 269; Brown v. &&den, 60 S.W.(2d) 261; Kilday v. Germany, 163 S.W.(2d)
d
A political party is organized for the purpose of effectuating the will of those who constitute its mem- bers, and it has the inherent power of determinin own policies. Seay v. Latham, 182 S.W,(2d) 251; %ei:'v. Hill, 74 s,w.(2a) 113.
It will be observed that in the absence of laws to the contrary, the courts have allowed the poli- *3 L
Hon. Will R. Wilson, Jr., page 3 (V-547) tlcal parties to determine their own policies insofar as the same are fair, equitable and impartial and re- present the will of the party.
Therefore, for the conventions mentioned in Article 3167 (Presidential Conventions) it is our opin- ion that the number of delegates and the allocation of delegates to be elected at precinct and county oonven- tions in the newly created precincts and those whose boundaries have been changed is for the determination of the Democratic Party of Texas. In the absence of such a determination by the Democratic Party in conven- tion assembled or through its State Democratic Execu- tive Committee, such authority is vested in the County Democratic Executive Committee subject to the approval of the County Democratic Convention.
It should be remembered that the foregoing conclusion applies only to conventions preceding Ration- al Presidential Conventions as mentioned in Article 3167 e Entirely different statutes control and determine such question8 in the case of the cogventions commonly known as the Governor's Conventions following the nom- ination primaries as set out in Articles 3134 et seq., v. c. s.
SUMMARY The number and allocation of precinct delegates to the county convention who are to be elected at the precinct conventions in newly created precincts and precincts whose boundaries have been changed is a mat- ter for the determination of the Democratic Party of Texas pursuant to the provisions of Article 3167, W. C, 9. (Presidential Con- ventions.)
In the absence of such a determina- tion by the Democratic Party in conven- tions assembled or through its State Demo- cratic Executive Committee, such authority *4 . Hon. Will R. Wilson, Jr., page 4 (v-547)
IS vested in the County Democratic Execu- tive Committee subject to the approval of the County Democratic Convention.
Yours very truly, ATTORNEY GENERAL OF TEXAS p.5
i?-emAJ/& * BY
J. C. Davis, Jr. Assistant JCD:BW:mw
PRICE DANIEL