3 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

QROVCR~CLLCRS 

1 ArrolNrr QCNIIAL 

Honorable Paul Grog&n 

County Attorney 

~0nt~oKlel-y county 

conroe, Texas 

Dear Sir: 

this 

Opinion Flo. O-7402 

Pour letter of rem 

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 Connittee on August 29tb, 1946, snd after ell other 

bills for expenses of holdiw the two primlee 

.-.--” .- -- _. “^” ._,, __ ._. -_.__“_“-., ^_,“.^” .,“,__- .___^“_-_I-“_ .-^_“_- __“__.. -- -.-_- _ _-.- -.- 
Hon. Paul Grogan - Page 2 

*3rcL 

“4th. 

“5th. 

$100 to be pnld to t-ho Sooretary of the 

Conndttee for rsr~Icee nnderud by him 

e* DU& inoludiog lntiduztal eqensas 

ind b y h im for poo ta gel M , . 

$~tehpaidtotb, 

??I 

ch8irmaa 

44oa4pQnMt.tonferhl88e Qos ill 

oonneatloa with the holang of et& 

gdnla l l4 cy tio M . 

“ht. Bari% orsoreed tha cmdibrt-88 for - 

pow4 dove unntionad (u wall M the 0 Jz- ~. 
5 

WZd. 

“3rd. 

“4th. 

expenee~~ of holding the primary electlone, 

doer t&o Cordtter halo thr authority to 

pa-odd. hy nrolutioa for the dlstqrowrt 

of Nc.h funda for mlah purpooor7 

Doe.a the Comtltke have authority to creata 

8 m~orve fund and tot&n put of the waxpamled balance in suoh roeem fund? 

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, t&J, 8. 5. 

Znd, 10741 Srsall ~8. 

Art, 3108 ad 3022-A.* 

Parker, :19 S. ly* 

time 

For the purpose of this opinion we ahall divide your q&einto 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. 0-2688 ud h,d. fn (+hiOA x0. od that t&a County Bxecutive Comlttee WUI not authorieed 

to (~sae98 the v&riow oaadlbtrs a8 M expanse of the prlaary a foe 

for the mber~~ of meid eomitteo, 

Opinian’ 

W quo- the follot4q hna said 

m-tiele 3l08, V.A.C.5., provldesr 

"'At the 
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 

i! 

ust and equitable giving due consideration to the 

mportance and Omoiuments of each nuch office for 

which a nomination Is to be made and shall, b reOolution, direct the chairman to immediately ma r 1 to 

each person whose name has been requested to be 

placed on the official ballot a statement of the 

amount of much ax 

r 

nees 

the request that 

80 apportioned to him, with 

e pay thO same to the county chairman 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 roquired 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 prlmary election day; the county chairman by the qualified 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'fmrsb v’, Pwker, 99 S;*‘, (26) 

1074, the court had before it 0. &Alar question to 

the one peeon6ed in your request. 'i'e quote w4 follow'h&br&Ue&~ froPr8aidaa6eI 

pIwlslone in the etaxn 8n8wwto your fU%h qpostlon in Group A and your third 

queetion in Group B, we qoll your attwtlon to the follouiw lurGt&a&e in 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. Paul Grogan - Pcig 6 

it rlghtiUly belo-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 tloa W Jha$ they each 

, This we ncop~ p” tod by the appllants 

whntheyrafundedor paldbbak ?o par oat of the 

tundDtheyhAd onhuxl aftortrn Hoondpx-sEmy. 1tia 

WiQmt cslthority-of 1831 to it ior bock rat6 for 

foxmar yuar~ time, end ior 

8U LLQt Pl’OVidrd 

to th8 dAEiix¶rIan *ad/ 

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 - hr 9 

8 

In view of the forego 

this dapartmnt thet the Demoare& i”i: 

deolrricin, it Is tho opinion of 

e Executive Comlttse does not 

hwa the authorit to areate a resorva fund but must refund all of 

the unexpended b SL 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.