Texas Attorney General Opinion: M-606 Page: 2 of 5
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Hon. Roger Gorrell, Page 2 (M-606)
"The County was re-districted and the Order
passed so as to leave all four commissioners in the
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 August 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
1/2 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 survey lines by an order entered upon
the minutes of the Court. At any July or August
term, the Court may make such changes in the election
precincts as they deem proper, by such order entered
upon the minutes of the Court.
"(b) No election precinct shall be formed out
of two or more justice precincts or commissioners
precincts, nor out of the parts of two or more
justice precincts or commissioners precincts; ....-2894-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-606, text, April 8, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269830/m1/2/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.