TIEE AYITORNES GENERAL 

OP1\EXAS 

Hon. Roger Gorrell 

County Attorney 

Bailey County 

Hulashoe, Texas 79347 

Opinion No. M- 606 

Ke: Several questions concerning 

election orecincts. and reDear Mr. Gorrell: 

lated quektions, which arise 

by reason of redefining the 

boundaries of the County 

Commissioners Precincts of 

Bailey County. 

In your 

office concerning 

recent letter requesting an opinion of this 

election questions raised by the redistricting . . __- of your county conmwisloners precincts you set out tne follwing 

facts and questions which we quote as follows: 

"On December 30, 1969 three citizens of Bailey 

County sued the Commissioners Court of Bailey 

County to re-district the county commissioners 

precincts in line with the decision of the United 

States Supreme Court in Midland County versus 

Avery. 

"The Commissioners Court then held a series 

of meetings and passed an Order to be effective 

January 19, 1970 re-districting this county to 

comply with the rules laid down ia the Supreme 

Court Case, 

"On February 10, 1970 the four commissioners 

filed an answer in the above law suit. This law 

suit has nw been dismissed, and there is no 

litigation pending. 

1, . ..The Commissioners Court has not as yet 

passed a motion redefining election precincts as 

we were waiting for the July or August Term as 

prescribed in the Election Code, Article 2.04, 

Section A. 

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Hon. Roger Gorrell, Page 2 (~-606) 

"The County was re-districted and the Order 

'passed so as to leave all four commissioners in then 

new precincts. We do not have a contest in Precinct 

2, but do have a contest in Precinct 4, .where both 

the incumbent and his opponent live in the boundary 

of old commissioners precinct 4 , and will both reside 

within the boundary of the new commissioners precinct' 

4, as passed by motion on January 19, 1970. 

"The questions we have are:. 

"a. Are persons living in the new 

commissioners precincts 2 and 4 authorized 

to vote in the May Primary and run off if any? 

"b. Must the Commissioners Court wait 

until its July or Auguet Term to pass a 

motion redefining county election precincts? 

“C. If the Commissioners Court passes 

an Order at the July or August Term redefining 

county election precincts, how will this 

affect the General Election in November taking 

into consideration the apparent conflict 

between Section E of Article 2.04 of the 

Election Code and Section A of Article 2351 

l/2 in the Second Sentence thereof?" 

Article 2.04 of the Texas Election Code reads in part 

as follows: 

"(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 survev lines bv an order entered upon 

the minutes of the Court. A^t any July or Augustterm, the Court may make such changes in the election 

precincts as they deem proper, bv such order entered 

upon the minutes of the Court. . . . 

"(b) No election precinct shall be forrnsd out 

of two or more justice precincts or commissioners 

precincts, nor out of the parts of two or more 

justice precincts or commissioners precincts; . . . . 

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Hon. Roger Correll, Page 3 (M-606) 

If in Septemher of anyyear there exists any 

election precinct in the county which does not 

comply wi-th the foregoing 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; . . . 

II . . . . 

"(ef Changes in election precincts shall not 

become operative in the holding of elections until 

the beginning of the following voting year. The 

Commissioners Court shall cause to be made out and 

delivered to the County Tax Collector before the 

first day of each September a certified copy of 

such last order for the year following; provided, 

hwever, that any order entered during the month of 

September, as provided in Paragraph (b) of this 

Section, ,shall be delivered to the Tax Collector 

f orthwdttg. " (Underscoring added). 

Article 5.01 and 5.02 of the Texas Election Coda 

set out the requirements for voting. Article 5.01 denies 

suffrage to certain classes of persons, but ia otherwise 

not relevant to the questions before us: Article 5.02 reads 

as follows: 

“Art. 5.02. Every person subject to none of the 

foregoing disqualifications who shall have attained 

the age of twenty-one years and who shall be a citizen 

of the United States and who shall have resided in this 

state one year next preceding an election and the last 

six months within the district or county in which 

such person offers to vote, and who shall have registered 

as a voter, shall be deemed a qualified elector. No 

pason shall be permitted to vote unless he has registered 

in accordance with the provisions of this code. The 

provisions of this section, as modified by Sections 35 

and 39 of this code, shall apply to all elections, 

whether held by the state, by a county, municipality, 

or other political subdivision of the state, or by a 

political party." (Underscoring added). 

We answer your first question as follows. All persons, 

otherwise qualified as voters, who have resided within the 

county for six months immediately preceding the election, may 

-2895- 
Hon. Roger Gorrell, Page 4 (M-606) 

vote in the May primary and run-off, if any. Voters in . 

the newly created commissioners precincts vote for the 

county commissioner of the commissioner's precinct in 

which the voter is a resident, even though election precincts 

cross the newly created commissioners precincts. 

Article 2.04 sets out the time for making changes 

in election precincts and contains similar wording as former 

Article 2933, Vernon's Civil Statutes. These changes 

may be made only during the July and August terms of the Court, 

and during the month of September, in the year 1970. 

Article 2.04, Election Code; Wilson v. Weller, 214 S.W.ld 

473 (Tex.Civ.App. 1948); Hogg v. Campbell 48 S.W.ld 515 

h~.Ci~.App. 1932). Your second questio; is therefore 

answered in the affirmative. 

In answer to your third question, you are advised 

that the changes in election precincts do not become 

operative until the beginning of the following voting year. 

Articles 2.04(e) and 5.14a, Texas Election Code. Counties~ 

have been held to be subject to the one-man vote rule, and 

no substantial variation may exist from equal population 

in drawing districts for units of local government having 

general governmental powers over the entire geographic area 

served by the body. 

(1968). 

Avetyv. Kidland County, 390 U.S. 474 

Election rxecmcts changes or substantial variations 

are not involved in this matter.- 

------- SUMMARY 

After the County Commissioners precincts 

of Bailey County were redefined as to boundaries 

in January 1970: 

(a) Voters in the newly created commissioners 

precincts vote for the county commissioner of the 

counnissioner's precinct in which the voter is a 

resident. Election Code, Art. 5.02. 

(b) Changes in the boundaries of county 

election precincts map he made only during the July 

and August terms of the Court and the month of 

September, 1970. Election Code, Art. 2.04, 

(cl These changes in boundaries of election 

precincts do not become effective until the following 

voting year. Election Code, Art. 2.04(e), 5:14(a). 

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. . 

Hon. Roger Gorrell, Page 5 (M-606) 

ey General of Texas 

Prepared by William J. Craig 

Assistant Attorney General 

APPRDVED: 

OPINION CCHMXTTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

John Banks 

Rex white 

Ralph Rash 

Glenn Drown 

MEADE F. GRIEFIN 

Staff Legal Assistant 

ALFRED MAXXER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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