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E ORNEY GENERAL OF TEXAS
AUSTIN ~1. TEXAS WILL WILSON *lTOHNEY GENERAI. March 8, ~1962
HonorableDan Brazil County Attorney Angelina County P. 0. Box No. 7 Lufkln, Texas

Dear Mr. Brazil: OpinionNo. w-1272 Re: Under Article 13.18, Texas Election Code, whether a precinct chairmanwho is elected In the first primary takes office immediatelyor after the results of the runoff primary are tabulated.. You have asked the followingquestion: "In construingArticle 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 immediatelytake 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 politicalparty

requiredby this law to hold primary elections for nominationof its candidates,a county executive committee,to be composed of a county chairman,and one (1) member from each electionprecinct In such county; the committeemanfrom such electionprecinct shall be chairmanof his electionprecinct, and the said county chairman shall be elected on the generalprimary election day; the county chairmanby the qualifiedvoters of the whole county, and the precinct chairman by the auallfiedvoters 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 committeehas declared the results of the run-off primary election.
. . .llHonorableDan Brazil, Page 2 OpinionNo. ww-1272

Article 13.24, Texas Election Code, reads in part as follows:

II

. . . The Chairman of the County

ExecutiveCommittee shall, upon receiving returns from each electionprecinct in the county, order the members of the County Executive Committee to convene at the county seat of the county on the following Tuesday succeedingthe day of such primary electionsand the returns shall be opened by the Executive Committee in executive session and shall be canvassedby 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 statutehas 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 ExecutiveCommitteeconvenesand canvassesthe vote in such run-off primary on the followingTuesday. 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-offprimary, as provided In Art. 13.18, Texas ElectionCode. Yours very truly, WILL WILSON AttorneyGeneral of Texas

RE?/cmHonorableDan Brazil, Page 3

APPROVED: OPINION COMMITTEE: W. V. Geppert, Chairman Jack Price W. E. Allen Coleman Gay Pat Bailey REVIEWED FOR THE ATTORNEYGENWAL By: HoughtonBrownlee,~ Jr. OpinionNo. WW-1272