IGNEY GENERAL TEXAS PRICE DANIEL ATTORNEY GENERAL April 15, 1948 Hon. Will R. Wileon, Jr,. opinion Ro. v-547 District Attorney Dallas County Re: Precinct delegateato Dallas, Texas County,DemocraticCon- vention in Dallas County, Texas. Dear Mr. Wilson: Reference is made to your request for an opin- ion of this office wherein you present the following factual situation: "The Dallas Count Commissioners' Court on August 11, 19$7, redistricted the voting precincts of the county, re- sulting in the creation of twenty one new voting precincts, and, in addition, af- fecting many old precincts by increasing and decreasing the voting strength of each through ohange of boundary. 0 11 . We call your attention to the l fact that delegates selected in precincts are accreditedat the County Convention which in turn selects delegates to the State Conventionassembled for the pur- pose of electing delegates to the Ration- al Convention.whichin turn is called for the purpose of selecting the presidential nominee and establishingthe party's plat- fOFIS. These precinct conventionsmeet on Saturday, May 1st. The County Convention assembles on Tuesday, May 4th, the Btate Conventionassembles 'Pueaday, May 25th. e . . "QuestionNo. 1. Under the above state of facts how shall the number of delegates from the precincts to the 0011% ty Conventionbe determined and alloted among the various precincts including the newly created precincts and those whose Hon. Will R, Wilson, Jr., page 2 (V-547) boundarieshave been changed? "QuestionNo. 2. How cs.nthe num- ber of votes to which each precinct la entitled at the County Conventionbe determined including the new.lycreated precincts and thoafjwhose boundaries have been changed? Article 2933, V, C. S., provides the method for dividing counties into convenientelection pre- cincts and each Commissioners'Court may, if deemed proper, at each August term of the court divide their counties into convenientand different election pre- cincts. The authority for the election of delegates as reflected by your factual situation is found in Article 3167, v, c. s., which provides in substance that any political party desiring to eleot delegates to a National Convention shall hold a State Conven- tion at such place as may be designatedby the State Executive Committee on the fourth Tuesday in May (Hay 25, 1948) and every Pour years thereafter. The dele- gates to the State Convention shall be composed of aele- ates from the County Conventionselected on the fir t Tuesday after the first Saturday in May'(Msy 4, 19487 and the delegates to the County Convention shall be com- posed of delegates elected at the precinat conventions on the first Saturday in May (Hay 1; 1948). The statute is ailent as to the number of delegates to be elected in each election so held. Being silent, and in the ab- sence of a statute directing the number of delegates to be elected from the various precincts to the County Con- vention the party is free to follow any method whichitmey choose in keeping with party usages and customs, so long as it does not pu$eue a method expresslyprohibited by law. Stanford v. Butler, 181 S. W.(2d) 269; Brown v. &&den, 60 S.W.(2d) 261; Kilday v. Germany, 163 S.W.(2d) d A political party is organizedfor the purpose of effectuatingthe will of those who constituteits mem- bers, and it has the inherent power of determinin own policies. Seay v. Latham, 182 S.W,(2d) 251; %ei:'v. Hill, 74 s,w.(2a) 113. It will be observed that in the absence of laws to the contrary, the courts have allowed the poli- L . - Hon. Will R. Wilson, Jr., page 3 (V-547) tlcal parties to determine their own policies insofar as the same are fair, equitable and impartial and re- present the will of the party. Therefore,for the conventionsmentioned in Article 3167 (PresidentialConventions)it is our opin- ion that the number of delegates and the allocation of delegates to be elected at precinct and county oonven- tions in the newly created precincts and those whose boundaries have been changed is for the determination of the Democratic Party of Texas. In the absence of such a determinationby the Democratic Party in conven- tion assembled or through its State Democratic Execu- tive Committee, such authority is vested in the County Democratic Executive Committee subject to the approval of the County Democratic Convention. It should be remembered that the foregoing conclusionapplies only to conventionspreceding Ration- al PresidentialConventionsas mentioned in Article 3167e Entirely different statutes control and determine such question8 in the case of the cogventionscommonly known as the Governor's Conventions following the nom- ination primaries as set out in Articles 3134 et seq., v. c. s. SUMMARY The number and allocation of precinct delegates to the county conventionwho are to be elected at the precinct conventions in newly created precincts and precincts whose boundaries have been changed is a mat- ter for the determinationof the Democratic Party of Texas pursuant to the provisions of Article 3167, W. C, 9. (PresidentialCon- ventions.) In the absence of such a determina- tion by the Democratic Party in conven- tions assembled or through its State Demo- cratic Executive Committee, such authority - . . Hon. Will R. Wilson, Jr., page 4 (v-547) IS vested in the County Democratic Execu- tive Committee subject to the approval of the County Democratic Convention. Yours very truly, ATTORNEY GENERAL OF TEXAS p.5 i?-emAJ/& * BY J. C. Davis, Jr. Assistant JCD:BW:mw PRICE DANIEL ATTORNEY GENERAL