Texas Advisory Opinions March 08, 1962: AGO WW-1272 (March 8, 1962)

No. WW-1272 (1962).

You have asked the following question:

"In construing Article 13.18 of the Election Code, does it mean that if two people run for Election Precinct Chairman and one is elected in the first Primary, does the winner immediately take office or is he compelled to 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 committeeman from 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 qualified voters of their respective precincts. Said county and precinct chairman shall assume the duties of their respective offices on Saturday following the run-off primary immediately after the committee has declared the results of the run-off primary election ...."

Article 13.24, Texas Election Code, reads in part as follows:

"... 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 following Tuesday succeeding the day of such primary elections and the returns shall be opened by the Executive Committee in executive session and shall be canvassed by 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.