Pate v. El Paso County

W.D. Texas

Pate v. El Paso County

324 F. Supp. 935, 1970 U.S. Dist. LEXIS 13417

CourtDistrict Court, W.D. Texas

DecidedApril 20, 1970

DocketNo. EP-69-CA-158

StatusPublished

Cited by7 cases

This text of 324 F. Supp. 935 (Pate v. El Paso County) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pate v. El Paso County, 324 F. Supp. 935, 1970 U.S. Dist. LEXIS 13417 (W.D. Tex. 1970).

Pincite

Opinion

MEMORANDUM OPINION

PER CURIAM.

Plaintiffs brought this action for the purpose of having the Commissioners Court of El Paso County, Texas, change the boundaries of the commissioners precincts so as to comport with the criteria laid down in Avery v. Midland County, 390 U.S. 474, 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968), which made applicable to counties the one man, one vote principle of Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964). The Commissioners Court has submitted a plan to this Court which provides for substantially equal population in each precinct. Judgment has been entered this day to implement this plan.

As a second action in their complaint, Plaintiffs allege that in the realignment of the four commissioners precincts certain voters have been or will be shifted from commissioners precinct two to commissioners precincts one and three, and, that because the provisions of Section 65 of Article XVI of the Constitution of Texas, Vernon’s Ann.Tex.St. require that county commissioners for precincts two and four be elected in 1970 and county commissioners for precincts one and three be elected in 1972, those persons so moved have been or will be deprived of their right to vote in violation of the equal protection and due process provisions of the United States Constitution.

In this latter connection the Plaintiffs contend that the staggered term provisions of Section 65 of Article XVI of the Constitution of Texas is incompatible with the one man, one vote rule of Avery v. Midland County, supra, and therefore effectuates an unconstitutional restriction upon the right to vote. This contention is without merit.

Section 65 of Article XVI, neither upon its face or as applied in the instant ease, effectuates an unconstitutional denial of the right to vote.

The right to vote protected by the United States Constitution is the right to vote which is established by the [937]*937laws and constitution of the states. McPherson v. Blacker, 146 U.S. 1, 13 S.Ct. 3, 36 L.Ed. 869 (1892); Lassiter v. Northhampton County Board of Elections, 360 U.S. 45, 79 S.Ct. 985, 3 L.Ed. 2d 1072 (1959).

The right to vote is a privilege to be exercised as the state may direct, and upon such terms as may seem proper to the state, provided there is no discrimination between individuals in violation of the equal protection afforded by the United States Constitution. As long as standards and conditions regarding voting are reasonable and non-discriminatory they are permissible. Carrington v. Rash, 380 U.S. 89, 85 S.Ct. 775, 13 L.Ed.2d 675 (1965); Lassiter v. Northhampton County Board of Elections, 360 U.S. 45, 79 S.Ct. 985, 3 L.Ed.2d 1072 (1959); Pope v. Williams, 193 U.S. 621, 24 S.Ct. 573, 48 L.Ed. 817 (1904).

The mere fact that a state has established a classification of its citizens does not in and of itself deprive the group within the class of equal protection, a state may limit the right to vote to a particular group or class of people. Hadley, et al. v. Junior College District of Metropolitan Kansas City, Missouri, et al., 397 U.S. 50, 90 S.Ct. 791, 25 L.Ed.2d 45 (rendered February 25,1970). The prohibition of the equal protection clause goes no further than the arbitrary and invidious discrimination. Reasonable classifications are permissible. Carrington v. Rash, supra; Avery v. Midland County, supra; Reynolds v. Sims, supra; Williamson v. Lee Optical of Oklahoma, 348 U.S. 483, 75 S.Ct. 461, 99 L.Ed. 563 (1954). If there is no arbitrary or invidious discrimination arising from the action of the state, the courts will not sit in judgment upon the wisdom of the policy prompting such action. Lassiter v. Northhampton County Board of Elections, supra; Williamson v. Lee Optical of Oklahoma, supra.

Section 65 of Article XVI of the Constitution of Texas reads as follows:

“Sec. 65. Staggering Terms of Office — The following officers elected at the General Election in November, 1954, and thereafter, shall serve for the full terms provided in this Constitution :

“(a) District Clerks; (b) County Clerks; (c) County Judges; (d) Judges of County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; (e) County Treasurers; (f) Criminal District Attorneys; (g) County Surveyors; (h) Inspectors of Hides and Animals; (i) County Commissioners for Precincts Two and Foür; (j) Justices of the Peace.

“Notwithstanding other provisions of this Constitution, the following officers elected at the General Election in November, 1954, shall serve only for terms of two (2) years: (a) Sheriffs; (b) Assessors and Collectors of Taxes; (c) District Attorneys; (d) County Attorneys; (e) Public Weighers; (f) County Commissioners for Precincts One and Three; (g) Constables. At subsequent elections, such officers shall be elected for the full terms provided in this Constitution.

“In any district, county or precinct where any of the aforementioned offices is of such nature that two (2) or more persons hold such office, with the result that candidates file for ‘Place No. 1,’ ‘Place No. 2,’ etc., the officers elected at the General Election in November, 1954, shall serve for a term of two (2) years if the designation of their office is an uneven number, and for a term of four (4) years if the designation of their office is an even number. Thereafter, all such officers shall be elected for the terms provided in this Constitution.

“Provided, however, if any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year, such [938]*938announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.”

Under the provisions of this section, in all counties of this State, the County Commissioners of Precincts Two and Four are to be elected in 1970 and the County Commissioners of Precincts One and Three will be elected in 1972. Thus, there are established two classifications of voters insofar as the time at which they are entitled to vote is concerned.

Section 18 of Article V of the Constitution of Texas is relevant to the issues at hand, and provides in part as follows:

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