The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-09-26
Election Precincts.
Attorney Generals oGlce,
AUSTIN, Tx. Sept. l6, 1850.

AUSTIN, IhA.i Sepl,l6i 1857. J
Circular
In reply to the many communications on
the subject, | have concluded to embody in
this form the opinion of this Office upon the
laws regulating the division Of counties into
election precincts, and the designation of
voting places therein.
The law requires that each voter shall cast
his ballot in the election precinct in which
he resides. Constitution, 1876, Art. VI,
Sec. 2; r. S., Art 1850; Gen. Laws, 1879,
Reg SEES, p 39) This election precinct must
DO wholly within a Justices precinct, and
not composed Of parts Of different justices
precincts, as every voter, in addition TO being
required 10 vote in the election precinct Of
his residence, is also required to vote in the
Justices precinct Of his residence.
Tho county commissioners courts may, if
they deem it necessary for the convenience
Of voters, sub divide any or all OF the jus.
tees precincts of the county into election
precincts; but this sub division must be
made, if at all, at the first regular term Of
the court held in each year. (Geu, Laws,
1879 Reg Sea-, p. 3S.)
When such subdivision was made, The
court should have defined the Jundaries of
each election precinct SO formed out Of y
Justices precinct, and fixed one voting place
therein, as only one voting place is permit
ted In an election precinct, whether that pre-
cinct includes the whole of Il Justices pre-
cinct, or Is composed of only part thereof
Wherc the courts lave established more
than one voting place in Justices precinct,
without dividing it into election precincts
the extra boxes should be discontinued, and
one place in the Justices precinct now des-
| ignated, where all persons living in that JUS
tees precinct are required to vote. And if
any court has established election precincts
with more than one voting place therein,
such extra boxes must also be discontinued,
as there can, under no circumstances, be
more than one voting place in an election
composed of territory entirely within one
Justices precinct, or of the entire Justices
precinct, rs the case may be.
The law does not now make each ward of
q town or city an election precinct, but leaves
the whole matter ofprescibng such precincts
to the courts. But where the court has here
tofore recognized such wards as precincts,
and has made no legal changes, such wards
would, under tho act Of 1879, which provides
that all election precincts established by the
court before its passage shall remain and con-
stitute election precincts until changed by
the courbbe legal precincts. 1t must be borne
in mind that Art. 1864 of the Revised
Statutes is repealed by the act of 1879.
(Gen. Laws, p. 3S.) The court cannot
establish election precincts except at the first
regular term in the year, but those legally
established before win remain without action
Of the court. Yet, where court has erred
in making more than one voting placein any
election precinct, it might correct such error
at any time, and should do so at once.
The error into which many OF the courts
have fallen has arisen from constituting the
precincts mentioned in the constitution and
statute as intended 10 mean justices pre-
cincts, when election precincts is evidently
intended.
The views expressed in this circular are not
intended to apply TO voters residing in un-
organized counties.
Very respectfully, etc,
GEo. MCCoRNICK,
Attorney General.