Untitled Texas Attorney General Opinion

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E ORNEY GENERAL OF TEXAS AUSTIN ~1. TEXAS

WILL WILSON *lTOHNEY GENERAI. March 8, ~1962

Honorable Dan Brazil Opinion No. w-1272 County Attorney Angelina County Re: Under Article 13.18, Texas P. 0. Box No. 7 Election Code, whether a Lufkln, Texas precinct chairman who is elected In the first primary takes office immediatelyor after the results of the run- Dear Mr. Brazil: off primary are tabulated.. You have asked the following question: "In construingArticle 13.18 of the Election Code, does It meanthat If two p,eoplerun for Election Precinct Chairman and one is elected In the first Primary, does the winner immediatelytake office or is he compe,lledto 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 political party required by this law to hold primary elections for nomination of its candidates,a county executive committee, to be composed of a county chairman, and one (1) member from each election precinct In such county; the committeemanfrom such election precinct shall be chairman of his election precinct, and the said county chairman shall be elected on the general primary election day; the county chairman by the qualified voters of the whole county, and the precinct chairman by the auallfied voters of their respective precinc&, Said county and precinct-chairman shall assume the duties of their respective offices on Saturday following the run-off primary Immediatelyafter the committeehas declared the results of the run-off primary election. . . .ll

Honorable Dan Brazil, Page 2 Opinion No. ww-1272

Article 13.24, Texas Election Code, reads in part as follows: II . The Chairman of the County . .

Executive Committee shall, upon receiving returns from each election precinct in the county, order the members of the County Executive Committee to convene at the county seat of the county on the follow- ing Tuesday succeedingthe day of such primary elections and 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 statute has 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 Executive Committee convenes and canvasses the vote in such run-off primary on the following Tuesday. 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-off primary, as provided In Art. 13.18, Texas Election Code. Yours very truly, WILL WILSON Attorney General of Texas

RE?/cm Honorable Dan Brazil, Page 3 Opinion No. WW-1272

APPROVED: OPINION COMMITTEE: W. V. Geppert, Chairman Jack Price W. E. Allen Coleman Gay Pat Bailey REVIEWED FOR THE ATTORNEY GENWAL By: Houghton Brownlee,~Jr.