IGNEY GENERAL
TEXAS
PRICE DANIEL
ATTORNEY GENERAL
April 15, 1948
Hon. Will R. Wileon, Jr,. opinion Ro. v-547
District Attorney
Dallas County Re: Precinct delegateato
Dallas, Texas County,DemocraticCon-
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.
0
11 . We call your attention to the
l
fact that delegates selected in precincts
are accreditedat the County Convention
which in turn selects delegates to the
State Conventionassembled for the pur-
pose of electing delegates to the Ration-
al Convention.whichin turn is called for
the purpose of selecting the presidential
nominee and establishingthe party's plat-
fOFIS. These precinct conventionsmeet on
Saturday, May 1st. The County Convention
assembles on Tuesday, May 4th, the Btate
Conventionassembles 'Pueaday, May 25th.
e . .
"QuestionNo. 1. Under the above
state of facts how shall the number of
delegates from the precincts to the 0011%
ty Conventionbe determined and alloted
among the various precincts including the
newly created precincts and those whose
Hon. Will R, Wilson, Jr., page 2 (V-547)
boundarieshave been changed?
"QuestionNo. 2. How cs.nthe num-
ber of votes to which each precinct la
entitled at the County Conventionbe
determined including the new.lycreated
precincts and thoafjwhose boundaries
have been changed?
Article 2933, V, C. S., provides the method
for dividing counties into convenientelection pre-
cincts and each Commissioners'Court may, if deemed
proper, at each August term of the court divide their
counties into convenientand 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 designatedby 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 Conventionselected 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 expresslyprohibited 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 organizedfor the purpose
of effectuatingthe will of those who constituteits 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-
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 conventionsmentioned in
Article 3167 (PresidentialConventions)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 determinationby 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
conclusionapplies only to conventionspreceding Ration-
al PresidentialConventionsas mentioned in Article
3167e Entirely different statutes control and determine
such question8 in the case of the cogventionscommonly
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 conventionwho 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 determinationof the Democratic
Party of Texas pursuant to the provisions
of Article 3167, W. C, 9. (PresidentialCon-
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
- . .
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
ATTORNEY GENERAL