OFFICE OF THE AlTORNEY GENERAL Ok+ TEXAS 

AUSTIN 

Hanoruble Barry 8oyd 

County Attorney 

Beuidsraon County 

Athens, ‘&ma6 

Your 33quest for he rollowln& oteted 

cpl‘astion: 

Isslttea have 

andidata who 

office at the 

8 2kfteT Said 8iW$- 

ere uanvasaed,* 

ooneidarad by this dapartment, 

Eominatton deelined 

may deoline and annul his mmofficer with whom 

ation is filed, tcm 

daya beiora ths eleutlua 

oftioe, and twenty days -11 other oases, a deola- t 

if it be for a oity 

mtion in writlnz3, signed by hira before emno 

oftiosr authorized t3 take aokno--uladgmemts. 7li-m 

suoh deolination (or in ease of death of a 

llOJ&itl~~), the dXfMUtiVt3 COdttiW3 Of (I FWty 
or a mnjorlty or thea for the State, dietrio% or o.ounty aa the offloe to be mminated aiy requfr&, may nominate a aandidate to supply the vacanoy by filing with 

the eoretary of State in the base of State 

or d 9 atrlot offioera, or with the county 

Judge in the oaso or oount or preoinot orf% 

oera a oertifloate duly 6 gned and aoknowl4 f 

edge by them, eettlng forth the oauae of 

tha vaoanoy, the mime or the new noalnee, 

the offioe for shioh he wae ndmlnated end 

when and how he wa$ nominated. Ho exeoutire oomitteo rhall ever have power ot nomlnatlon, except where a nominoe ha8 died or 

deollned the non&nation ae provided in this 

artiole.W 

Article8 3172 and 3173 of the Revised Civil Statutee of 1911 whioh are now aodifled by Vernon ee Artiole 

3165, V. A. E, S., aupra, were oonetmed by the Supreme Court 

o? TeBis In the ease of Gilmore v+ Waples, et al, 188 9. X. 

1037. ?ie quote rrom the oourt*e opinion a8 followsr 

* The powers of a State sxeoutive 

oommit~e~ in reepeot to making mmlnatlonr 

for ita party are dealt with in Artioles 3172 

and 327) of the Rerlaed Statute& It ill provided In Artiole 3172 that in oaee of the 

death or 8 nominee for a State Office, or the 

deollnatfoa of suah a nomination by a ntieo, 

the State Xxeoutive Committee of the party 

may nominate a oandfdate to eu~plp the vaoanoy~ 

The auooeeding artlole, Artlole 3173, deolarea: 

“*Ho exeoutive commlttee shall ever have 

any power BP nomination, except where a nominee ha8 died or aeolined the nomination a8 

provided in Artlole 3172.’ 

DThere is nothing embiguous about these 

two artlolerr. Ifor is their intention in any 

wlise obaouse. They very plainly oonier upon 

a State oonsaittee the power of nominating fa 

oandidate for a State oiiioe in lnetanoea 

where there haa been a previous nomination 

and .the nominee hae either deolined the nomination or has died. Juet ao unequlvooally 
Hmorablo Harry %oyd, Page f _ 

they deny suoh power to the oomlttes in 

all other instanaea. The laagu~a of Arti01s 3173 1s pointed, olear end oertain, and 

there ia nothing about It or ita oontext that 

would warrant a oourt in setting it aside. 

A rtatute so plain and umlrtaicable leave8 

nothIng ior lntsrgretatlon or oonatruotion. 

All that oourts may do with auoh a statute 

i8 to observe It and earoroe it. . . .m 

Artfolecr 3124 and 3125, Vernon18 Annotated Texas 

Civil Statutes, provide tar ths oountf exaautfv’o oommlttee 

to Oanv8M the returna of the eleltlon ana dOOlal% the rc 

mat. Artiole 3125 8la0 rsqulrea the ohalman of the oouatp 

exsoutivo oommlttee to oertlfy a6 nomlneo the oandldato who 

reoaiYod the woeMa 

‘1: 

vote to nominate. or ooumo the 

hoalnee oarinot be orf oielly aid legally known uutif the 

returna hare been oanvassed and the reeulte deolarsd in aooordanos with law. 

It is our opinion that your question shmld bs ,’ 

answered in the siflrmativa, and it is so anSwered, 

very truly your6 

ATTORNEY GENERAL OB T&XX3 

Wm. J. Panning 

Asai &ant 

WJPIGO