December 16, 1974
The Honorable Ed J. Harris Opinion No. H- 474
Chairman Elections Committee
House of Representatives Re: Effect of Article 2.02(g).
P.O. Box 2910 Election Code, on combining
Austin, Texas 78767 or consolidating precinct
voting locations for a primary
Dear Mr. Harris:
Your committee is considering proposed legislation and has
asked us several questions concerning Article 2.02(g) of the %lection
Code, the first of them being:
Do the provisions of Article 2.02(g), Vernon’s
Texas Election Code, apply to party primary elec-
tions . . . operated . . . under the provisions of
[temporary party primary legislation such as Article
13.Wc-2 et seq., Election Code ?]
Article 2.02 of the Election Code reads in part:
Unless a specific statute provides otherwise,
the following rules shall govern the establishment
of election’precincts and the designation of polling
places.for the conduct of the various kinds of elec-
tions held within this state.
. . .
(fl Primary elections. In all primary elections
held by political parties for nominating candidates to
be voted on at general and special elections held at
the expense of the county, the election precincts shall
be the courty election precincts, established by the
commissioners court pursuant to Section 12 [Article
2.041 of this Code.
p. 2160
The Honorable Ed J. Harris page 2 (H-474)
It is our opinion, therefore, that the ~rules and ,regulations of
Articles 2.01. 2.02 and 2.03 of the Election Code apply,to primary
elections. These would include the provisions of Article 2.02(g)
which is an amendment to the article adopted by the 60th Legislature.
Acts 1967, 60th Leg., ch. 723, p. 1862, sec. 6. ‘It provides:
In any election for which the election precincts
are required to be those formed under the provisions
of Section.12 of this code, if in any county there is
no local office or proposition to be voted on by the
voters of only that county or a part of that county,
~.the authority holding the election may combine any
two o* more regular election precincts into consoli-
,dated precincts for such election in that part of
the county having no such local office or proposi-
tion to .be voted on if it appear~s that the voters
inciuded within each consolidated precinct can be
adequately and conveniently served at one polling
place: provided, however, that there shall always
be at least one consolidated precinct wholly within
each commissioners precinct of the county.
(Emphasis added)
Your second question is:
Does Artic1.e 2.02(g), Vernon’s Texas Election
Code, prohibit the combining or consolidation of
precinct voting locations for the party primary
elections when the names of candidates for any of
the offices or positions named~in Article 6.05a’,
Vernon’s Texas Election Code, appear on the
bal.lot in either of the precincts to be combined or
consolidated?
Article 6.05(a), Election Code, requires that:
ps 2161
. -
The Honorable Ed J. Harris page 3 (H-474)
For a,ny election, general or primary, at which
the district office of United States Representative,
State Senator, or State Representative, or the pre-
cinct office of county commissioner, justice of the
peace, constable, public weigher, or precinct
chairman of a political party is tombe voted on,
different bal,lots shal,l be prepared for the various
distric;ts or preckcts involved in the election, to
differ with respect to the district or precinct
offices to be voted on. The election officers for
each election precint shall be furnished official
ballots listing the district and precinct offices
and candidates which are to be voted on by the
voters in the particular election precinct, and
no other district or precinct office shall beg listed
thereon, so that no voter shall receive a ballot
listing any district or precinct office on which he
is not entitled to vote. (Emphasis added)
Pursuant to Article 2.02 (f), which requires election precincts
to be formed under Article 2.04 in primary elections, Article 2.02(g)
is by its terms appl~icable to these primaries,. Whether precincts may
be consolidated when one of the offices ennumerated in Article 6.05(a)
is involved apparently depends on the “1ocal”‘nature of the ogfice. Clearly,
precincts may not be consolidated in a manner which woul,d result in a
voter rec:eivin,g a ballot on which an office on, which he is not entitled to
vote is listed. However, the total import of the 1967 amendments to
Article 2.02(g) is ambiguous. Pri.or to amendment, c.onsolidations were
allowed only when “there [was] no local office or proposition to be voted
on by the voters of onl,y (one] county or a part of [a] county. ” This
restriction remains in the text of the amended article and there is there-
fore some doubt concerning the Legislature’s inten,t in adding the language
“in that part of the cou.nty havi,ng no sut:h local oEfi.ce or propositio’n to
be voted on. :’ This amendatory language implies that precincts ma- be
consolidated i.n a portion of a cou,nty when there i,s no local office to be
voted on in that porti.on. However, the original language of the article
restricts consol~idations to those counties having no local office to bc
voted on by the voters in any portion of the county. Whiic: we are hot
prepared to hold the statu<%operative, further Legi.slati,x;e attentiur,
is needed to reconci.1.e thi.s ambi.guity.
pe 2162
. -
The Honorable Ed J. Harris page 4 (H-474)
SUMMARY
The provisions of Article 2.02(g) of the Elec-
tion Code apply to primary elections,although the
inconsistent nature of its provisions necessitates
further clarification by the Legislature.
Very truly yours,
A
JOHN L. HILL
Attorney General of Texas
APPROVED:
C. ROBERT HEATH, Chairman
Opinion Committee
lg
p. 2163