3
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
QROVCR~CLLCRS
1 ArrolNrr QCNIIAL
Honorable Paul Grog&n
CountyAttorney
~0nt~oKlel-y county
conroe,Texas
Dear Sir:
Opinion Flo. O-7402
Pour letter of rem
this dcpartxmt on thq above
"As prod
Denocratic Zxe
teo were paid end the fund deposited in the bank
to the credit of the Wontgomwy County DOT%-
cratic Executive Comittee, - R. A.,PoweU,
Chaim'.
"At the find. merti~q of said Cxecutive Con-
nittee on August 29tb, 1946, snd after ell other
bills for expenses of holdiw the two primlee
.-.--” .- -- _. “^” ._,, __ ._. -_.__“_“-., ^_,“.^” .,“,__- .___^“_-_I-“_ .-^_“_- __“__.. -- -.-_- _ _-.- -.-
Hon. Paul Grogan - Page 2
*3rcL $100 to be pnld to t-ho Sooretary of the
Conndttee for rsr~Icee nnderud by him
e* DU& inoludiog lntiduztal eqensas
ind b yh imfo rp o o ta gle
M,.
“4th. $~tehpaidtotb, ch8irmaa
44oa4pQnMt.tonferhl88e ??I Qos ill
oonneatloa with the holang of et&
g d nla l
ly
4 c tio M .
“5th.
“ht. Bari% orsoreed tha cmdibrt-88 for -
pow4 dove unntionad (u wall M the 0Jz-
~.
5
expenee~~ of holding the primary electlone,
doer t&o Cordtter halo thr authority to
pa-odd. hy nrolutioa for the dlstqrowrt
of Nc.h fundafor mlah purpooor7
WZd.
“3rd. Doe.a the Comtltke have authority to creata
8 m~orve fund and tot&n put of the wax-
pamled balance in suoh roeem fund?
“4th. X8 it neoessary for the Con8aftteu to t&u
w.xm rffimatite cction Cireatlng the aak&q
of a refund to emdidater, before the County
CW w&ill be authorimsd to a&a 8 refund
of the unexpended balance to the contributing
cmdidatos?
Cour &ttez%lon iii oallad to the arth.oritSes and
stotutoa becxing upon quuetfone submitted. - kufban
Parhr 99 5 , “i. Znd, 10741 Srsall ~8. Parker, :19 S. ly*
Znd, t&J, 8. 5. Art, 3108 ad 3022-A.*
For the purposeof this opinion we ahall divide your q&e-
time into tim groups. X6 &all refer to your first five questions
as Crwap A and your aocond four qiestiona ee Group B.
,ucstiono Uos. 1, 2, 3 and 4 of Grwh A are anmcored in the
our O@bions x08. 0-2688ud h,d. fn (+hiOA x0. o-
d that t&a County Bxecutive Comlttee WUI not authorieed
to (~sae98the v&riow oaadlbtrs a8 M expanseof the prlaarya foe
for the mber~~ of meid eomitteo, W quo- the follot4qhna said
Opinian’
m-tiele 3l08, V.A.C.5., provldesr
"'Atthe
6’
Hon. Paul Grogan - Pa;;0 4
and officOO to be filled by the voters of Ouch
00unty or,precinot only (candidate8 for State offices
excepted), In such,mannor aa In their judgment IO
ust and equitable giving due consideration to the
i!mportance and Omoiuments of each nuch office for
which a nomination Is to be made and shall, b reOo-
lution, direct the chairman to immediately mar 1 to
each person whose name has been requested to be
placed on the official ballot a statement of the
amount of much ax nees 80 apportioned to him, with
the request that r e pay thO same to the county chair-
man on or before the Saturday before the fourth Monday
in June thereof.’ (Underscoring ours)
“Article 3117, V.A.C.S., is as follwsr
“‘The various county committees of any political
party, on the third Nonday in June preceding each
general primary, ehall meet at the county seat and
determine by lot the order in which the names of all
candidate8 for all offices requested to be printed
on the official ballot ahall be printed thereon.’
“Article 3118, V.A.C.S., reads as follows:
O~Thoro shall be for each political party ro-
quired by this law to hold primary elections for
nomination of its candidates, n county executive
committee, to be composed of a county chainnan, and
one member from each election precinct in such county;
the committeemen from such election precinct shall
be chairman of his election precinct, snci the said
county chairman ehall be olacted on the .general prl-
mary election day; the county chairman by the quali-
fied voters of the whole county, and the precinct
chairman by the qualified voters of their respective
election precincts. Said county and precinct chairman
Ohall assume the dutior, of their rospoctlve offices
on Saturday following the runoff primary WOdiatOly
after the committee has declared the results of the
run-off primary election. Said county chairman shall
7
“IO the em. OS lhaf'fmrsbv’, Pwker, 99 S;*‘, (26)
1074, the court had before it 0. &Alar question to
the one peeon6ed in your request. 'i'equote w4 fol-
low'h&br&Ue&~ froPr8aidaa6eI
pIwlslone in the eta-
xn 8n8wwto your fU%h qpostlon in Group A and your third
queetion in Group B, we qoll your attwtlon to the follouiw lurG-
t&a&ein Kam v8* Farkor, 99 9.‘;;. (fw 1094, w161
‘If thoro ir a aurplw of mosey on hand and with
the cm after all the oxpmm of the cemphligr,
the first and second pdmries, am paAd in Awmt,
k-on. PaulGrogan- Pcig 6
8
it rlghtiUlybelo-8 to tic donors,ti.ooa Mm I.+
twkd it to tb ohalnma, aad lt ehuld be returned
totioty*o put it up ln pro tloaW Jha$ they each
, This we ncop~ p” tod by the appllants
whntheyrafundedorpaldbbak?o paroat of the
tundDtheyhAd onhuxl aftortrn Hoondpx-sEmy. 1tia
WiQmt cslthority-of 1831to it ior bockrat6 for
foxmar yuar~ time, end ior to th8 dAEiix¶rIan*ad/
8U LLQt Pl’OVidrd Or &ll th It&lltb8.
%e:';rtt ti% tm lwimrduo doea mt l~;~~~ut
thns Wnth8, and the olmlram f&ret ha
the ~~o*(lmoac8 ftwa the maduauu - hr9
In viewof the forego deolrricin, it Is tho opinionof
this dapartmntthetthe Demoare&i”i:e Executive Comlttse does not
hwa the authorit to areatea resorvafundbut must refundall of
the unexpended bSL we of she taonie6 mu on &and after the nmmuuy
oxpenoes ham bean paid.
In vluw of the foro~oi.ng, it is unaeaoseary to iwafer
quaetionsa andtwoof@roupB.