IGNEY GENERAL 

TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

April 15, 1948 

Hon. Will R. Wileon, Jr,. 

District Attorney 

Dallas County 

Dallas, Texas 

opinion Ro. v-547 

Re: Precinct delegateato 

County,Democratic Convention in Dallas 

County, Texas. 

Dear Mr. Wilson: 

Reference is made to your request for an opinion 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, resulting in the creation of twenty one new 

voting precincts, and, in addition, affecting many old precincts by increasing 

and decreasing the voting strength of each 

through ohange of boundary. 

11 

0 . l We call your attention to the 

fact that delegates selected in precincts 

are accredited at the County Convention 

which in turn selects delegates to the 

State Convention assembled for the purpose of electing delegates to the Rational Convention.which in turn is called for 

the purpose of selecting the presidential 

nominee and establishing the party's platf OFIS. These precinct conventions meet on 

Saturday, May 1st. The County Convention 

assembles on Tuesday, May 4th, the Btate 

Convention assembles 'Pueaday, May 25th. 

e . . 

"Question No. 1. Under the above 

state of facts how shall the number of 

delegates from the precincts to the 0011% 

ty Convention be determined and alloted 

among the various precincts including the 

newly created precincts and those whose 
Hon. Will R, Wilson, Jr., page 2 (V-547) 

boundaries have been changed? 

"Question No. 2. How cs.n the number of votes to which each precinct la 

entitled at the County Convention be 

determined including the new.ly created 

precincts and thoafj whose boundaries 

have been changed? 

Article 2933, V, C. S., provides the method 

for dividing counties into convenient election precincts and each Commissioners' Court may, if deemed 

proper, at each August term of the court divide their 

counties into convenient and different election precincts. 

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 Convention at such place as may be designated by the State 

Executive Committee on the fourth Tuesday in May (Hay 

25, 1948) and every Pour years thereafter. The delegates to the State Convention shall be composed of aeleates from the County Conventions elected on the fir 

Tuesday after the first Saturday in May'(Msy 4, 19487 

t 

and the delegates to the County Convention shall be composed 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 absence of a statute directing the number of delegates to 

be elected from the various precincts to the County Convention 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 expressly prohibited 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 organized for the purpose 

of effectuating the will of those who constitute its members, 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 represent the will of the party. 

Therefore, for the conventions mentioned in 

Article 3167 (Presidential Conventions) it is our opinion that the number of delegates and the allocation of 

delegates to be elected at precinct and county oonventions 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 determination by the Democratic Party in convention assembled or through its State Democratic Executive 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 

conclusion applies only to conventions preceding Rational Presidential Conventions as mentioned in Article 

3167 e Entirely different statutes control and determine 

such question8 in the case of the cogventions commonly 

known as the Governor's Conventions following the nomination primaries as set out in Articles 3134 et seq., 

v. c. s. 

SUMMARY 

The number and allocation of precinct 

delegates to the county convention who are 

to be elected at the precinct conventions 

in newly created precincts and precincts 

whose boundaries have been changed is a matter for the determination of the Democratic 

Party of Texas pursuant to the provisions 

of Article 3167, W. C, 9. (Presidential Conventions.) 

In the absence of such a determination by the Democratic Party in conventions assembled or through its State Democratic Executive Committee, such authority 
- . . 

Hon. Will R. Wilson, Jr., page 4 (v-547) 

IS vested in the County Democratic Executive Committee subject to the approval of 

the County Democratic Convention. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

BY p.5 i?-emAJ/& * 

J. C. Davis, Jr. 

Assistant 

JCD:BW:mw 

PRICE DANIEL 

ATTORNEY GENERAL