The Attorney General of Texas 

June 8, 1978 

JOHN L. HILL 

Attorney General 

Honorable Gibson D. Lewis, Chairman Opinion No. H- 117.8 

Committee on Intergovernmental Affairs 

House of Representatives Re: Whether articles 13.57 and 

P. 0. Box 2910 

Austin, Texas 78769 

14.10, Election Code, prohibit the 

use of names which are similar 

to the names of political parties. 

Dear Mr. Lewis: 

You have provided us with newspaper clippings which indicate that two 

organizations, the Harris County Democrats and the Tarrant County 

Democrats, have endorsed candidates for election in the democratic primary. 

You ask if such endorsements violate either article 13.57 or article 14.10 of 

the Election Code. Article 13.57 provides: 

No new political party shall assume the name of any 

preexisting party; and the party name printed on the 

official ballot shall not consist of more than three 

words. As used in this section, the term “preexisting 

party” does not include a political party ‘which is no 

longer in existence. 

The term political party is not specifically defined in the Election Code; 

however, it is clear that the term is meant to refer to an organization which 

nominates individuals for election on a general election ballot. See, e.&, 

Election Code, 13.01a, 13.02, 13.45, 13.54;~ Attorney General Opinion M-215 

(19681 (holding that a political party no longer existed when it had not 

appeared on the general election ballot since 1920). We believe that 

organizations such as the ones you name which do not nominate candidates 

for a general election ballot are not political parties. Accordingly, article 

13.57 is inapplicable to them. 

Article 14.10, Election Code, provides in part: 

(A) (1) It is unlawful for an individual to misrepresent 

his identity or, if acting or purporting to act as an 

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Honorable Gibson D. Lewis - Page 2 (H-1178) 

agent for any person, to misrepresent the identity of that 

person in any written or oral communication relating to the 

campaign of the candidate for nomination or election to a 

public office or election to the office of a political party or 

relating to the success or defeat of any ballot measure with 

the intent to injure any candidate or to influence the vote on 

the measure. 

(2) It is unlawful for any person to issue any communication 

relating to the candidacy of a person for nomination or 

election to a public office or election to the office of a 

political party or relating to the.success or defeat of any 

ballot measure, which purports to emanate from any source 

other than its true source. 

While we do not resolve disputed questions of fact, in the examples you pose 

there is no indication that the organizations used anything other than their rightful 

names in publicizing their endorsements or issued any communication purporting to 

emanate from a source other than its true source. We are not prepared to indicate 

that any use of a word such as “democrats” or “republicans” in an organization’s 

name when the organization is not an official political party is unlawful. 

SUMMARY 

Mere use of the term ‘democrat” or “republican” in an 

organization’s name is not a violation of articles 13.57 or 

14.10 of the Election Code. 

APPROVED: 

NDALL, First Assistant 

Opinion Committee 

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