less than 1 minute read

Smith v. Allwright

"public Function" Concept



The "Public Function" concept in connection to voting relates to the authority that is granted to a specified individual, such as a town, city, or county clerk, to run an election. This delegation of power to said person is governed by the laws of the state. In this position, his or her public function is designated by and limited to parameters established by law. Persons operating in this capacity are considered officers of the state, and are subject to control and guidance by the state in carrying out his or her duties of office. An individual charged with such responsibility in a public role, must take an oath of office, swearing to uphold applicable laws while executing his or her duties.



Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1941 to 1953Smith v. Allwright - Significance, Reconstruction, A Foot In The Door, A Final Test, An End To State-sponsored Political Discrimination