Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

GERALD C. MANN ATTORNEY GENERAL

Bonorable Jam Bain County Attorney Leon County Centerville, Texas

Dear Sir:

Opinion No. 0-8467 Re: 1. Is it necessary that a-preclnet chaif- man,feelign before run- nigg for the office of sounfy coomissioner? 2. May a preclnet chaif- man who is seeking another office appoint some person to sontique the duties of his office until his term expires?

Your letter requesting the opinion of this depart- ment is as follows:

"I-Would a preclnet chaifman, who is not seeking re-election for that office, but is panning for county commissioner be required by law to resign his preclnet chaifman's of- fice in order to have his name placed on bal- lot for commissioner.

1. Could a preclnet chaifman who is seeking another office appoint some other per- son to conduct the primary election and hold his preclnet chaifman's office until his term expires."

In the brief accompanying your letter you raise the question of a conflict between Article 2940, Revised Civil Statutes, and the resume of A. C. Opinion No. 0-8878 found in the May issue of Attorney General's Opinion Reports. For your convenience we are enclosing a copy of said opinion, a study of which will explain the slightly misleading 1 issue.

*2 Honorable Sam Bain, Page 2

Your first question is fully answered by our Opinion No. 0-2278, which reads in part:

"Your letter requesting the opinion of this department is as follows:

"The present county chairman of Houston is contemplating running for the State Legislature." The question has arisen and will arise at the next committee meeting whether he should resign as County Chairman before the election, should he make the race aforesaid.

"Any eligible person may become a candidate for the office of Representative in the State Legislature and have his name printed upon the ballot, unless some statute of the State forbids.

"Where or not the mere candidate of the chairman for another office would ipso facto as matter of law vacate his office of county chairman, we need not decide and do not decide.

"He find nothing in the statutes nor in the decisions that would make the present county chairman of your county ineligible for another office to be filled at the approaching primary election, or that would prevent his name being printed upon the ballots at the approaching election or elections as a candidate for the office he seeks.

"The opinion from which we have just quoted holds that it is not necessary for a county chairman to first resign his chairmanship before he announces as a candidate for another office. That holding also applies to a presinot chairman. The question of whether or not a county or presinot chairman ipso facto vacates his chairmanship when he becomes a candidate

*3 Honorable San Bain, Page 3

for a civil office was not considered in said opinion. We believe that this point is now raised by your second question.

Article 2940, Revised Civil Statutes, as amended, Acts 48th Legislature, p. 294, in part, reads as follows:

"No one who holds an office of profit or trust under the United States or this State, or in any city or town in this State, or within thirty (30) days after resigning or being dismissed from any such office, except a notary public, or who is a candidate for office, or who has not paid his Full Tax, shall act as judge, clerk or supervisor of any election; nor shall anyone act as chairman or as member of any District, County or City Executive Committee of a political party who has not paid his Full Tax, or who is a candidate for office, or who holds any office of profit or trust under either the United States or this State, or in any city or town in this State; ... (Underscoring ours)

The underscored part of said article makes it very clear that a person cannot act as chairman or member of any district, county or city executive committee of a political party who is a candidate for a civil office. It, therefore, logically follows that when such a committeeman becomes a candidate for a civil office he has by his own act disqualified himself from further serving his party as committeeman and his political office of committeeman 1900 facts becomes vacant.

The answer to your second question is controlled by Article 3118, Revised Civil Statutes of Texas, Acts of the 1st Called Session, 1905, at p. 549:

"There shall be for each political party required by this law to hold primary elections for nomination of its candidates, a county executive committee, to be composed of a county chairman, and one member from each election preeinet in such county; the committeeman from such election preeinet shall be chairman of his election preeinet, and the said county chairman shall be elected on the general

*4

Honorable Sam Bain, Page 4

primary olection day; the oounty chairman by the qualified voters of the whole oounty, and the preoinot chairman by the qualified voters of their respective olection procincts. Said oounty and preoinet chairman shall asoume the duties of their respective offices on auturday following the run-off primary immedlately after the comalttse has declared the results of the run-off primary olection. Said oounty ohalrman shall be ox-off 10 o a member of the executive comalttse of all districts of which his oounty is a part, and the district comnlttee thus formed shall olect its own chairman. Any veeancy in the office of chairman, oounty of precinct, or any member of such comalttse shall be filled by a malority vote of said executive comalttse. The list of olection preoinot ohairman and the oounty chairman so olected, shall be certified by the oounty convention to the oounty olork, along with the other nominees of said party. If there are no requeta filled for oandidates for oounty and preoinot ohairman, a blank space ohal be left on the ticket beneath the designation of such position. Acts, 1st C.0. 1905, p. 849." (Underscoring ours)

This article outlines the procedure for the olection of the preoinot chairman and the procedure for filling a veeancy in the office. Accordingly, it may be filled only by olection by the people or, in case of a vecancy, by olection by the executive committee. ie, therefore, respectfully advise that both ques tions, Nos. 1 and 2, must be answered in the negative.

Very truly yours

BI 1 RW