### IGNEY GENERAL TEXAS

**PRICE DANIEL**  **ATTORNEY GENERAL**  April 15, 1948

Hon. Will R. Wileon, Jr,. DistrictAttorney Dallas County Dallas, Texas opinion Ro. v-547
Re: Precinctdelegateato 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,affectingmany old precinctsby increasing and decreasingthe voting strength of each through ohange of boundary. 11
0 . l We call your attentionto the fact that delegates selected in precincts are accreditedat the County Convention which in turn selectsdelegates to the State Conventionassembled for the purpose of electingdelegates to the Rational Convention.which in turn is called for the purpose of selecting the presidential nominee and establishingthe party's platf**OFIS.** These precinct conventions meet on Saturday,May 1st. The County Convention assembles on Tuesday,May 4th, the Btate Conventionassembles '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 Conventionbe determinedand alloted among the various precinctsincluding the newly createdprecincts and those whoseHon. Will R, Wilson, Jr., page 2 (V-547)

boundarieshave been changed? "Question

No. 2. How cs.n

the number of votes to which each precinct la entitledat the County Convention be determinedincludingthe new.ly created precinctsand thoafj whose boundaries have been changed? Article 2933, V, C. S., provides the method for dividing counties into convenientelectionprecincts and each Commissioners' Court may, if deemed proper, at each August term of the court divide their counties into convenientand different electionprecincts. The authority for the election of delegates as reflectedby your factual situationis found in Article 3167, v, c. s., which provides in substance that any politicalparty desiring to eleot delegates to a National Conventionshall hold a State Convention at such place as may be designated by the State Executive Committeeon 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 Conventionselected on the fir Tuesday after the first Saturday in May'(Msy 4, 19487 t and the delegates to the County Conventionshall 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 expresslyprohibitedby law. Stanfordv. Butler, 181 S. W.(2d) 269; Brown v. &&den, 60 S.W.(2d) 261; Kilday v. Germany, 163 S.W.(2d) d
A politicalparty is organizedfor the purpose of effectuatingthe will of those who constituteits members, and it has the inherentpower 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, equitableand impartialand represent the will of the party.

Therefore,for the conventions mentioned in Article 3167 (Presidential Conventions)it is our opinion that the number of delegatesand the allocationof delegates to be elected at precinct and county oonventions in the newly createdprecinctsand those whose boundarieshave been changed is for the determination of the DemocraticParty of Texas. In the absence of such a determination by the DemocraticParty in convention assembled or through its State DemocraticExecutive Committee,such authority is vested in the County DemocraticExecutive Committee subject to the approval of the County DemocraticConvention.

It shouldbe remembered that the foregoing conclusionapplies only to conventions precedingRational PresidentialConventionsas mentioned in Article 3167 e Entirely different statutes control and determine such question8in the case of the cogventionscommonly known as the Governor'sConventions following the nomination primariesas set out in Articles 3134 et seq., v. c. s.

SUMMARY

The number and allocationof precinct delegates to the county convention who are to be elected at the precinct conventions in newly created precinctsand precincts whose boundarieshave been changed is a matter for the determinationof the Democratic Party of Texas pursuant to the provisions of Article 3167, W. C, 9. (PresidentialConventions.)
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 DemocraticExecutive 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

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PRICE DANIEL ATTORNEYGENERAL