April 8, 1953
Hon. Riley Eugene Fletcher Opinion No. S-27
County Attorney
Navarro County Re: Authority of the com-
Corsicana, Texas missioners’ court to
include adjacent rural
territory within the
election precincts for
a city of more than
Deer Sir: 10,000 inhabitants.
You have requested an opinion as to whether the Commissioners’
Court of Navarro County may include adjacent rural territory within any
of the election precincts establishe,d for the City of CorsicanaO which has
a population in excess ef 10,000 inhabitants and is divided into five wards,
In your brief yeu have reached the conclusion that the court may not do so
We agree with this conclusion.
Se,ction 13 of the Texas Etectioa Co& (Vernon’s Electiea Code,
Art. .?.QS) pravidee:
“The cenmsiosieners oourt, in establishing new eloctim
precincts, shall divide any city or town into as many election
precincts as they may see proper, none of which shall have
resident therein more than two thousand (2,SlIfJ),~ as
ascertained by the vote of ahe preceding general city or town
election. Every ward in every incorporated city, town or
village shall constitute an election precinct, unless there
shall have been cast in said ward, at the last general city or
town election hsld therein, more then two thousand (2,000)
votes. Cities and towns, and towns and villages incorporated
under the general laws shall not necessarily constitute elec-
tien precincts. No precinct shell be made out of parts of two
(2) wards. This Section shall not apply to cities* towns and
villages of less than ten thousand (10,000) inhabitants; andp.
in such cities, tewns and villages, the justice precincts in
which said cities: towns and villages are situated may be di-
vided into election precincts without regard to the wards of
such cities, towns and villages, and without reference to the
number of votes to be cast.”
This statute requires that each ward in a city of 10,000 or more
inhabitants constitute a separate, distinct ele,ction precinct or precincts,
and it would not be proper for the commissioners” court to include either
Hon. Riley Eugene Fletcher, page 2 (S-27)
incorporated or unincsrperated territory outside the ward within asky ef
the precincts into which a particular ward is divided. While the inclmaien
of
-- other
~~.~ territorv would not necessarily invalidate electieas held in accord-
ante with the impraperly formed precincts [Davis v. State ex rel. Wren,
75 Tex. 420, 12 S.W. 957 (18g9); Bell v. Faulkner, 8’4 Tex. 117 19 S W
400 (1092); Ilk park White, 33 Tex. Ciim. 594-2% S.W. 542 (Ai94)],‘&er-
theleos &e cemmiedieners’ court is under a d&y te ebaerve the statutory
requirements and shanld net knowingly disregard them.
SUMMARY
The commissieners’ ceurt should net include adjacent
rural territory within the electia precincts established in
the wards of a city having 10,000 or mere inhabitants.
APPROVED: Yours very truly,
C. K. Richards SQfw BEN SHEPPERD
Reviewe,r Atkerney Generrl
WjllIs =Ea.GEcskm
Reviewer
wv rrcf‘t’ulclc
Robert S, Trotti *rY . Wall
First Assistant Aesistaut
John Bem Sheppard
AttorneyGeneral