## THEAIS'ORNEY'GENERAL op TEXAS ,,

PRICE DANIEL ATTORNEY

GENERAL December 15, 1949
Hon. Jep 8. Fuller Opinion No. V-970. Crlmlnal District Attorney Jefferson County Re: The applicability of Beaumont, Texas the “Secret Bellot Law”

Dear
date

?ffatzyn 7, Article 2997a, Vernon18 Civil Statute8, provlaes m part: to paper ballots used for absentee voting in eleotions employing voting machines for Mr. Fuller: other balloting. Reference 1s madeto your request of recent which reads In part as follows:

“The Commissioners t Court of Jefferson County has, by order duly passed, adopted voting machines for use in elections in said

However, the Court propose8 to use i,bE?&llota in rpbh eloatioar for tha putPoees of rbsentae voting. As a rmult, the ollowlng question her arisea. of whfob we re;ytfully request the oplaioa of your of- :

“Does the ‘Secret Ballot Law’ apply whenpaper ballots are uaed in,absentee votlng in eleotlona wherein voting mechines are employed for other balloting?”

“In couatler Lnwhich votia(l sachiaea are adopted for use, the authority charged with holding aneleation shell within Its dlacretlon determine w proper resolution and/or order whether or not voting mrohLnes shall be used for the casting of absentee votes at such electlon

. . S Should the authority charged with holding en election determine by such resolution as above provided, that absentee votes cast at such election be cast by apaper ballot, then,Hon. Jep S. Fuller, page 2 (V-974)

andin such event, the authorfty charged with holding such election shall provide aballot for the casting of absentee votes as prescribed andprovided by the general laws applicable to elections andto absentee voting andthose entitled under the law shall cast their vote by such ballot under the laws applicable to absentee votin&, o * .I’ Wenext aall your attention to sectfons 6 and 7 of House Bill 35 ter 329, page 615 I , Acts 51st Legislature, 1949, ChapSecret Ballot Law) which read as follows:

“8eotion 6/ The appropriate provisions of this Act shall also apply to absentee voting, in which case the person castfng an absentee ballot ahall not remove the detachable stub-fro* the ballot. After the ballot has been prepared by the elector, the elector nhall affix his signature on the reverse side of the perforated stub andthen shall cast the ballot as nowprovided by law, *Should %heelector be unable to sign his name, he shall plaae the ballot face downso as not to expose the number of same andshall sign on the back of the perforated stub an ‘X. s The attestfng officer shall ;rs;;.%e the elector ls nameon %hebaok of

e

“The abeentee ballot shall then be dellvered fo the election judge in the pPoper preoipat aa ie nowprovfded for Znthis title.

“Before the election judge deposits an absentee ballot as elsewhere provided for In this title, he shall detach from said ballot the perforated stub andplace it in the stub box. If the nameof the elector does not appear on the reverse side of aald perforated stub the election judge shall write the name of the elector on the back of said stub before depositing aa04 in the stub box. “Sec. 7. The provisions of this Aot shall not apply to eleotlona in which vo%LngHOU, Jep a* Fuller., page 3 (V-970)

machines 6re used as ppovfded for elsewhere in this title i” There appears to be someoonfllct be%weenthe PPoVlaioM 

### of the above quo%& statute@; h:wey, ea stated by the court., in the cake of Hood v S ate, 133 Tex. 110, 126S.W.2d 4 (1939):

“It IS the aett’led lew tha$ statutea should be construed so as %ocamy out %&he legfslrtlve intent, andwhanauoh intent fs owe rroertained, It should be gfven effect, even though the literal meaning of the words used %herefn Is no%followed. Also ststutes should never be given aaonstruction that leads to-uncer%afnty, fnjuatfoe OFconfusion If It fs possible to eonatrue %hemotherwise.* If weshould @on&r: dSecticln 7of House Bill 357 (Secret Ballot LaF) ? .omeanthat. ;>heappropriate provisions of that Aot have no applfeatFon to paper ballots wed for all absentee vo%Fngfn eleatlons employing voting machinea for other balloting, then &his would lead to confusfon anduncertainty” I%is definitely provided in Seotlon 7 of Ar%fole 2997a (Votfng Machine Law) that where paper ballots are used for oaating all absentee votes that “the authopfty charged with holding such eleotlons shall provfde a ‘ballot for the oeatiug of absentee votes aa ppeseFibed end provided by the geaera1 laws eppleoebfe to elso%i.ons andto absentee voting end those entf%led nadep the law shall aas% %hefr vote by such ballot under the laws applfcable to absentee voting.” Moreover, the general Pawsapplloable to absentee voting have been emendedby the apeaiffo plsovleiona of Section 6 of House Bill 357 (Secret Ballot Law) andthe other approprfate provisions of that Aat.

After a careful analysis of the forego&r&grtatutes andthe above authority, it la OUFopinion that the appropriate provisions of the “Secret Ballot Law” are a - plicable to absentee voting in elections Where Paper beP- lots are used for all absentee voting, andvoting mechilies are employed for other balloting, SUMMARY The appropriate provisions of the “Secret Ballot Law” are applicable to absentee voting in eleotiona where paper ballots are-- .

Hon. Jep 9. Fuller, Page * (v--o)

ured for all absentee voting, andvotiw machines are employed for other balloting. seoe6, H.B.357, Acts 51stLeg.,1949, ch. 329,

### p.615. Yours very truly, ATTORIKX

GBRRRAL

OFTEXAS

JCD:bhsmw 

# BY J. C. Davfa, JP. As818tant

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