We have your telegram oft October 1942, requesting the opinion of this department on the above stated question.

Article Vernon's Annotated Civil Statutes, pro- vides:

"A nominee may decline and annul his nomina- tlon'by delivering to the officer with whom the certificate of his nomination is filed, ten days before the elec.tion, if it be for a city office, and twenty days in other cases, a declaration in writing, signed by hlm.before some officer au- thorized to take acknow,ledgements. Upon such de- clination (or in case.of death.of a nominee), the executive committee of a party, or a ma~jorlty of them for the State, district or county, as the office to be nomina,ted may require, may nominate a candidate to supply the vacancy by filing with the Secretary of State in the case of ,State or district officers, or with the county judge in the case of county or precinct officers, a certificate duly *2 Honorable Luther C. Johnson,, page 2 (O-4914)

signed and acknowledged by them, setting forth the cause of the vacancy, the name of the new nominee, the office for which he was nominated and when and how he was nominated. No executive committee shall ever have power of nomination, except where a nominee has died or declined the nomination as provided in this article.”

We have failed to find any case, by any of the Appellate Courts construing the above mentioned statute wherein the ques- tion herein involved has been discussed or passed upon. However, the case of Walker, et al v. Hopping, S.W. construing a similar provision of Article 3107, Revised Statutes, 1911, (now Article 3118, Vernon's Annotated Civil Statutes),among other thlw , holds In effect that a statute providing that a vacancy in the office of chairman' or member of the county committee of a party shall be filled by a majority vote of the executive commit' tee, contemplates an act of the committee as a body, ,and, In the absence of some provlsion of law to the contrary, it would take a majority of the members of such committee to constitute a quorum which could act as the committee.

It is stated in Words and Phrases, Permanent Edition, Volume page 103:

,"In construing a party rule giving the exe- cutive committee of the party the power to fill vacancies on the county ticket by a majority vote of all the executive committee, it was said by the court that it seems clear, taking the whole rule together, tha't the provisions for filling vacancies, on the ticket by a 'majority of all the executive committee' means, at the least, a majority vote of all the persons who are in fact members of the com- mittee at the time the vacancy is filled. Ordi- narily the phrase quoted might not receive such construction. We have so decided in two cases re- cently beforeus, but, of,course, the question in every case is, What do the words mean in a par- ticular connection, and under the particular circumstances? In general, they mean a majority of the quorum (the quorum being a majority of the whole, body), but when the rule provides for a : different test, such decisions ceased to apply."

In view of the foregoing, it is our opinion that in the absence of some provision of law to the, contrary, a majorl- ty of the members of an executive committee of a party con- stitutes a quorum which can act as the committee. In other

Honorable Luther C. Johnson, page (O-4914) words, if a majority of the members of the executive committee of a party are present, it will take a majority vote of those present to nominate a candidate. Trusting that the foregoing fully answers your in- -

quiry, we are - truly yours

Very ATTORRRY GENERAL OF TEXAS BY Ardell Williams S/ Ardell Williams Assistant APPROVED Ott 1942

S/ Grover Sellers

First Assistant Attorney General

AW:db:bt

Approved Opinion Committee

by RWF, Chairman