# The Attorney General of Texas
June 8, 1978 JOHN L.HILL Attorney General
Honorable Gibson D.Lewis, Chairman Opinion No. H- 117.8 Committee onIntergovernmental Affairs House ofRepresentatives Re: Whether articles 13.57 and P.0. Box2910 Austin, Texas 78769 14.10,Election Code, prohibit the use of names which are similar to the names ofpolitical 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 14.10of the Election Code. Article 13.57provides:

Nonew political party shall assume the name ofany preexisting party; and the party name printed on the official ballot shall not consist of more than three words. Asused in this section, the term “preexisting party” does not include a political party ‘which is no longer inexistence. The term political party isnot specifically defined in the Election Code; however, it isclear 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 13.57isinapplicable to them. Article 14.10,Election Code, provides inpart: (A) (1) It isunlawful for an individual to misrepresent his identity or, if acting or purporting to act as an

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agent for any person, to misrepresent the identity of that person inany 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 isunlawful 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 isno indication that the organizations used anything other than their rightful names inpublicizing their endorsements or issued any communication purporting to emanate from a source other than its true source. Weare not prepared to indicate that any use of a word such as “democrats” or “republicans” in an organization’s name when the organization isnot anofficial political party isunlawful. SUMMARY Mere use of the term ‘democrat” or “republican” in an organization’s name is not a violation of articles 13.57 or 14.10of the Election Code.

APPROVED:

NDALL, First Assistant

Opinion Committee

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