April 25, 1974 

The Honorable Lynn Cooksey 

District Attorney 

412 Texas Blvd. 

Texarkana, Texas 7550 1 

Dear Mr. Cooksey: 

Opinion No. H- 282 

Re: Whether Articles 2.04b and 

2.05 of the Election Code require 

that boundaries of county election 

and commissioners precincts be 

made to conform to city ward and 

election precinct boundaries 

You have asked whether it is mandatory, under Articles 2.04b and 

2.05 of the Election Code, Vernon’s Texas Civil Statutes, for the commissioners court to change the boundaries 02 existing county election and 

commissioner precincts to conform to the boundaries of newly formed 

city wards and election districts within the city of Texarkana. 

You advise that in August of 1969, the commissioners court reestablished all election precincts of the county in accordance with Article 

2.04 of the Election Code. Within the city of Texarkana, which has a 

population in excess of 10,000 and is divided into six city wards, four 

wards, because of the excessive number of qualified voters, were each 

divi.ded into two county election precincts. The city councilmen were 

elected at large and not from one man wards or precincts. 

In January, 1972, the Commissioners Court reformed commissioners 

precincts to conform to the one-man, one-vote mandate of the United States 

Supreme Court. New commissioner precinct lines were made to oonform 

to the then existing election precinct lines. 

In December of 1972, the city council of the city of Texarkana made 

drastic changes in the boundaries of all six of the city wards in order to 

absorb newly annexed areas and to give each ward an equal number in 

population. In February of 1973, the city council, in calling for an election 

p* 1314 
The Honorable Lynn Cooksey, page 2 (H-282) 

for city officers, provided for twelve new city election precincts, dividing 

each of the six new wards into two election precincts. 

You state, “The new city election precincts bear little resemblance 

to the previously established county election precincts. ” Apparently the 

boundaries of nine of the twelve new city election precincts do not coincide with county election precinct boundaries and the city has requested 

the comtiissioners court to change the boundaries of the county election 

precincts within the city to conform to the new city wards and city election 

precincts. 

Article 2.04 of the Election Code provides, in part: 

“(a) Each county shall be divided into convenient 

election precincts by the Commissioners Court of the 

county, each of which precincts shall be differently 

numbered and described by natural or artificial boundaries or survey lines by an order entered upon the minutes 

of the Court. At any July or August term, the Court 

may make su.ch changes in the election precincts as they 

deem proper, by such order entered upon the minutes 

of the Court. When such an order is entered, they shall 

immediately thereafter publish in some newspaper in 

the county for three consecutive weeks a notice of the 

entry of such order, giving a brief description in general 

terms of the changes made, without the necessity of 

including in such notice the field notes or other detailed 

description of the precinct boundaries. If there be no 

newspaper in the county, thencopy of such order shall 

be posted in some public place in each election precinct 

in the county which is affected by the order. 

“(b) No election precinct shall be formed out of 

two or more justice precincts or commissioners precincts, 

nor out of the parts of two or more justice precincts or 

commissioners precincts; and no election precinct shall 

be formed out of two or more congressional districts or 

p. 1315 
The Honorable Lynn Cooksey, page 3 (H-282) 

state senatorial districts or state representative 

districts, nor out of the parts of two or more such 

districts. If in September of any year there exists 

any election precinct in the county which does not 

comply with the fore~going requirements, the commissioners court shall make the necessary changes 

before the first day of October, either at a regular 

meeting or at a special meeting called for that 

purpose; and the order shall be published as provided in Paragraph (a) ,of this section. Subject to 

the provisions of the first sentence of this paragraph, 

no election precinct shall have resident therein less 

than LOO nor more than 2000 voters as ascertained 

by the number of registered voters for the last preceding presidential general election year; provided, 

however, that in precincts in which voting machines 

or devices have been adopted for use in accordance 

with Section 79 or Section 80 of this Code, the maximum number of voters shall be 3000. There shall 

be a minimum of one election precinct wholly contained within each commissioners precinct. ” (Acts 

1973, 63rd Leg., ch. 542, p. 1408). 

“(c) In cities and towns having ten thousand or 

more inhabitants, each ward shall constitute an election precinct unless there shall reside in said ward 

more than two thousand qualified voters. In such 

cities and towns , no precinct shall be made out of parts 

of two wards; and no precinct shall include territory 

outside the corporate Li.mi.ts of the city or town unless 

the Commissioners Court finds that adjacent unincorporated territory is so situated that it cannot be formed 

into or i,ncluded within an election precinct wholly outside t~he cit:y, of suitable size and shape and containing 

a suitable number of voters. If the Commissioners 

Court finds this condition to exist, it may include such 

territory in a precinct or preci,ncts formed within the 

ciiy or town, and the Iindin, = of the Commissioners Court 

shall be conclusive. ” (Acts 19671 60th Leg., ch. 723, p. 1863). 
The Honorable Lynn Cooksey, page 4 (H-282) 

Article 2.05 provides: 

“The election precincts for municipal elections 

and the location of the polling place in each precinct 

shall be designated by the governing body of the municipality. The governing body may combine two or 

more county election precincts into one municipal 

precinct, but shall not include parts of one county 

precinct in more than one municipal precinct. The 

certified list of qualified voters for all county election 

precincts in which voters reside who are to vote at a 

polling place designated by the governing body shall be 

used at such polling place. In all cities and towns in 

which the number of voters at the last general municipal election does not exceed four hundred in number, 

only one polling place shall be-opened at any municipal 

election; and all officers of such cities and towns to 

be elected shall be voted for at such polling place. ” 

Also pertinent is language of Article 5, $ 18, of the Texas Constitution 

which requires that each county in the State be divided from time to time 

“for the convenience of the people ” into not less than four nor more than 

ei.ght precincts to be occupied by a justice of the peace and a constable and, 

in like manner, into four commissioners precincts. 

As we construe the statute, it was the intent of the Legislature that 

the county election precincts coincide as much as possible with the city 

wards. This normally would be achieved by cooperation between the two. 

If a cooperat,ive effort fails to provide the needed changes, then, one must 

first look to the Constitutions of the United States and of this State to determine which local governmental entity is required to make the necessary adjustments. 

Any scheme for districting a county into commissioners districts is 

subject to the mandates of Avery v. Midland County, 390 U.S. 474 (1968) 

in which the one-man one-vote requirement of Reynolds v. Sims, 377 U.S. 

533 (1964) applied to apporti,onments for local government as well as state 

legislatures. 

p* 1317 
The Honorable Lynn Cooksey, page 5 (H-282) 

“Although the forms and functions of local government 

and the relationships among the various units are 

matters of state concern, it is now beyond question 

that a State’s political subdivisions must comply with 

the Fourteenth Amendment . . . . 

“When the State apportions its legislature, it 

must have due regard for the Equal Protection Clause. 

Similarly, when the State delegates lawmaking power 

to local government and provides for the election of 

local officials from districts specified by statute, 

ordinance or local charter, it must insure that those 

qualified to vote have the right to an equally effective 

voice in the election process. . . .” (390 U.S. at 480) 

In Attorney General Opinion H-32 (1973) we held that the holding of 

Averv v. Midland County, supra, applied to the election of commissioners 

and that it was not permissible for the members of the commissioners court 

to be apportioned among single-member distr’ic ts of substantially unequal 

population. 

The county government also has a state constitutional duty to draw 

boundaries for commissioner precincts and justice of the peace precincts. 

Texas Constitution, Article 5, 5 18. To the extent that a city election 

precinct crosses justice of the peace and commissioner precinct lines and 

thus would require the redrawing of these constitutionally mandated districts, 

the city is under an obligation to revise its precinct boundaries to avoid 

the conflict. You have not advised us whether this is the situation in Bowie 

County. 

It is our opinion, in this case, that the city has the primary duty to 

draw its precinct lines to conform to those of the county. Of course, since 

election precincts are the building blocks on which larger districts are 

constructed, it may be possible that some cities whose councilmen are 

elected by the voters of a particular district would have a constitutional 

duty to alter their precinct lines in an effort to conform to the one-man, 

one-vote principle. According to the facts you have. submitted, that is not 

the situation in this case. 

p. 1318 
The Honorable Lynn Cooksey, page 6 (H-282) 

SUMMARY 

A county is not required to alter its election 

precincts, which were drawn in contemplation of 

Avery v. Midland County, to conform to the election 

precincts of a city which does not elect its councilmen 

by individual districts. 

Very truly yours, 

I . $&&2&? CA 

JOHN L. HILL 

/ / Attorney General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1319