3108)) and article 3116, as amended by Acts 1927, c. 54, § 1 (Vernon's Ann. 430; Hudson v. Smith, 63 Tex. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. P. 295 U. S. 53. In Bell v. Hill, supra, the Supreme Court of Texas held that article 3167 does not prohibit declarations of policy by a state Democratic Convention called for the purpose of electing delegates to a national convention. Grovey v. Townsend  St. art. We cannot, as petitioner urges, give weight to earlier expressions of the state courts said to be inconsistent with this declaration of the law. The Oxford Guide to United States Supreme Court Decisions », View all related items in Oxford Reference », Search for: 'Grovey v. Townsend' in Oxford Reference ». 412, 133 S.W. We cannot, as petitioner urges, give weight to earlier expressions of the state courts said to be inconsistent with this declaration of the law. The petitioner, by complaint filed in the justice court of Harris county, Tex., alleged that although he is a citizen of the United States and of the state and county, and a member of and believer in the tenets of the Democratic Party, the respondent, the county clerk, a state officer, having as such only public functions to perform, refused him a ballot for a Democratic Party primary election, because he is of the negro race. 5. With the former, the state need have no concern; with the latter, it is bound to concern itself, for the general election is a function of the state government, and discrimination by the state as respects participation by negroes on account of their race or color is prohibited by the Federal Constitution. 3116); the ballots are furnished not by the state, but by the agencies of the party (Rev. ^5  Vernon's Annotated Revised Civil and Criminal Statutes, vol. The premise upon which this conclusion rests is that the party is not a state body but a national organization, whose representative is the national Democratic Convention. 2956), permits absentee voting as in a general election; by article 2978 requires that only an official ballot shall be used, as in a general election; by articles 2980, 2981 specifies the form of ballot and how it shall be marked, as other sections do for general elections; by article 2984 fixes the number of ballots to be provided, as another article does for general elections; by articles 2986, 2987, and 2990 permits the use of voting booths, guard rails, and ballot boxes which by other statutes are provided for general elections; by articles 2998 and 3104 requires the officials of primary elections to take the same oath as officials at the general elections; by article 3002 defines the powers of judges at primary elections; by articles 3003—3025 provides elaborately for the purity of the ballot box; by article 3028 commands that the sealed ballot boxes be delivered to the county clerk after the election, as is provided by another article for the general election; and by article 3041 confers jurisdiction of election contests upon district courts, as is done by another article with respect to general elections. Here the qualifications of citizens to participate in party counsels and to vote at party primaries have been declared by the representatives of the party in convention assembled, and this action upon its face is not state action. But in that case it was said, page 272 of 119 Tex., 28 S.W. In 1923 Texas prohibited blacks from participating in the Democratic primaries in the state, but in Nixon v. Herndon (1927) the Supreme Court ruled this law violated the Equal Protection Clause of the Fourteenth Amendment. 484. We have no such state of facts before us.". The Supreme Court of the state has decided, in a case definitely involving the point, that the Legislature of Texas has not essayed to interfere, and indeed may not interfere, with the constitutional liberty of citizens to organize a party and to determine the qualifications of its members. 984, 88 A.L.R. GROVEY v. TOWNSEND. But, as above said, in Love v. Wilcox the court did not construe or apply any constitutional provision and expressly reserved the question as to the power of a party in convention assembled to specify the qualications for membership therein. In the light of principles announced by the highest court of Texas relative to the rights and privileges of political parties under the laws of that State, the denial of a ballot to a negro for voting in a primary election, pursuant to a resolution adopted by the state convention restricting membership in the party to white persons cannot be deemed state action inhibited by the Fourteenth or Fifteenth Amendment. We are told that in Love v. Wilcox, 119 Tex. The question whether, under the Constitution and laws of Texas, such a declaration as to party membership amounts to state action was expressly reserved in Nixon v. Condon, supra, pp. After a full consideration of the nature of political parties in the United States, the court concluded that. [1][7], https://en.wikipedia.org/w/index.php?title=Grovey_v._Townsend&oldid=965097052, History of voting rights in the United States, United States Fifteenth Amendment case law, United States Supreme Court cases of the Hughes Court, Democratic Party (United States) litigation, African-American history between emancipation and the civil rights movement, Pages containing links to subscription-only content, Creative Commons Attribution-ShareAlike License.

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