c 

E ORNEY GENERAL 

OF TEXAS 

AUSTIN ~1. TEXAS 

WILL WILSON 

*lTOHNEY GENERAI. 

March 8, ~1962 

Honorable Dan Brazil 

County Attorney 

Angelina County 

P. 0. Box No. 7 

Lufkln, Texas 

Dear Mr. Brazil: 

Opinion No. w-1272 

Re: Under Article 13.18, Texas 

Election Code, whether a 

precinct chairman who is 

elected In the first primary 

takes office immediately or 

after the results of the runoff primary are tabulated.. 

You have asked the following question: 

"In construing Article 13.18 of the 

Election Code, does It meanthat If two 

p,eople run for Election Precinct Chairman 

and one is elected In the first Primary, 

does the winner immediately take office 

or is he compe,lled to wait until after 

the results of the run-off Primary 

Election?" 

Article 13.18, Texas Election Code, reads in part as 

follows: 

"There shall be for each political party 

required by this law to hold primary elections 

for nomination of its candidates, a county 

executive committee, to be composed of a 

county chairman, and one (1) member from 

each election precinct In such county; the 

committeeman from such election precinct 

shall be chairman of his election precinct, 

and the said county chairman shall be elected 

on the general primary election day; the 

county chairman by the qualified voters of 

the whole county, and the precinct chairman 

by the auallfied voters of their respective 

precinc&, Said county and precinct-chairman 

shall assume the duties of their respective 

offices on Saturday following the run-off 

primary Immediately after the committee has 

declared the results of the run-off primary 

election. . . .ll 
Honorable Dan Brazil, Page 2 Opinion No. ww-1272 

Article 13.24, Texas Election Code, reads in part as 

follows: 

II 

. . . The Chairman of the County 

Executive Committee shall, upon receiving 

returns from each election precinct in 

the county, order the members of the 

County Executive Committee to convene at 

the county seat of the county on the following Tuesday succeeding the day of such 

primary elections and the returns shall be 

opened by the Executive Committee in executive 

session and shall be canvassed by them. . . ." 

It is true that there Is no oath of office or other act 

necessary to install a precinct chairman in office. Walker v. 

Hopping, 226 S.W. 146, 148 (Civ.App. 1920). Nevertheless, the 

statute has clearly stated the date on which the newly elected 

county and precinct chairmen shall take office. 

The Second or run-off Primary is held on the first Saturday 

in June of each election year. Art. 13.03, Texas Election Code. 

The County Executive Committee convenes and canvasses the vote 

in such run-off primary on the following Tuesday. Art. 13.24, 

Texas Election Code. The newly elected county and precinct 

chairmen assume the duties of their offices on the Saturday 

following the date of the canvass of the vote for the run-off 

primary. Art. 13.18, Texas Election Code. 

SUMMARY 

A precinct chairman, elected in the 

first primary election, without the necessity 

for a run-off, does not assume the duties 

of his office for the term to which he was 

elected until the Saturday following the date 

of the run-off primary, as provided In Art. 

13.18, Texas Election Code. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

RE?/cm 
Honorable Dan Brazil, Page 3 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

Jack Price 

W. E. Allen 

Coleman Gay 

Pat Bailey 

REVIEWED FOR THE ATTORNEY GENWAL 

By: Houghton Brownlee,~ Jr. 

Opinion No. WW-1272