Hon. R. E, Schneider, Jr, 

County Attorney 

Opinion NO. y-643 

Live Oak County Rc: Qualification of 

George West, Texas voters; duties of 

and advice to election officers. 

Dear Sir; 

We refer to your letter in which you submit 

the following questions: 

“1. What are the requirements for 

qualification to vote in the elections in 

Texas concerning the ability to read and/or 

write the English language? Speak and/or 

understand the same? 

'2. Are the Election Judges required 

to assist in marking the ballot if. requested 

to do so, for a potential voter between the 

ages of twenty-one and sixty in good physical condition and not blind? 

-3 D Are the Election Judges required 

to mark the ballot, if so requested, of a 

potential voter between the ages of twentyone and sixty in good physical condition and 

not blind if the only reason he or she is unable to mark his or her own ballot is his or 

her illiteracy? 

n4. In .whon in Texas is the authority 

vested to order and/or advise the Election 

Judges as to how they shall conduct their 

boxes and/or whom they shall challenge as to 

his or her right to vote and to whom they 

shall deny a ballot?” 

The only limitation of the qualification of 

votsfs in Texas is contained in Section 1 of Article VI 

of the State Constitution which does not disqualiiy pcrsons who are not able to read, write, speak and understand the English language. Sections 2 and 3 of Article VI provide that every person subject to none of the 
..~ . . 

Eon. R. E. Schneider, Jr. - Page 2 W-643) 

. 

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disqualifications stated in-said section 1 who shall 

have attained the age of 21 years, who shall be a clti~- 

zen of the United States, and who shall have resided in 

this State one year next preceding an election and the 

last six months within the district or county in which 

such person offers to vote, shall be deemed a qualified 

voter; provided that any voter who is subject to pay a 

poll tax shall have paid the same before the first day 

of February next preceding such election. 

. . 

In Ramsey v. Wilhelm, 52 S. W. (26) 757 (error refused), the Court said: “The Constitution Itself defines the 

qualifications of a legal voter, and the 

legislature Is without power to restrict or 

extend these requirements.w 

There Is no law which requires that a voter 

shall be able to read, write,,speak or understand the 

English language, We answer your first question pc- ‘. 

cordingly. 

for 

Article 3010, Vernonts Civil Statutes provides 

aid to voters by election officers. It reads: “Not more than one person at the same 

time shall be permitted to occupy any one 

compartment, voting booth or place prepared for a voter, nor shall any assistance bo 

given a voter in preparing his ballot, except when a voter is unable to prepare the 

same himself because of 

u, such as renders him 

to writa or is over sixty years of age and 

is uuablo to read and write, in which case 

two judges of such election shall assist him, 

e been firm that thev will 

p9t sldgeest. bv word m or, cesture, 

how such voter shall vote; and they will confine their assistance to answering his ques- .~ 

tions, to naming candidates, and the political 

parties to which they belong, and that they 

will prepare his balLot 

&g&l direct; provided that the 

every case explain in the English 

be ishes t vote and no judge of the electioi shall &e ani o;pr than the w lanDWJ in aidbe t e ter. or in aerforming 
Hon..R, E, Schneider, Jr. - Page 3 (v-643) 

pnv dutv as such judea of the electing. Where 

any assistance is rendered in preparing a ballot other than as herein allowed, the ballot 

shall not be counted, but shall be void for 

all purposes. If the election be a gensral 

election, the judges who assist such voters 

shall be of different political parties, if 

there be such ,judges present, and if the election be a primary election one or more supervisors may be present when the assistance herein permitted is being~given, but each supervlsor must remain silent except in cases of irregularity or violation of t,he law.” 

In Carter v. White, 161 S. W. (2d) 525 ths 

Court of Civil Appeals had the question of assistance to 

voters by election officers under consideration and said: 

“A summary of the .assistance as found by 

the court is as follows: Five of the eleven 

asked for information as to how to vote a 

‘straight ticket’ or a Istraight Democratic 

ticket,s and were told generally how to do it, 

two of whom inquired if the others should bs 

marked out and were told yes. One votsr was 

unable to find the Presldsnt’s name on the 

ticket and asked how he might vote for him 

which was explained to him. One was afrai B 

he might mutilate his ballot and asked what 

constituted a mutilated ballot, which was explained to him, One sought information as to 

how to vote for or against constitutional amendments, which was explained, Another explalnod shs had never voted at a Presidential 

Election, and asked for general information, 

and rngaged in a general discussion of how to 

do so. One asked if the ballot is marked 

part way down if it would destroy the whole 

ballot, and was told it would not, and was 

.shown where the independent and socialist 

and other candidates word on the ballot; Another stated he had never voted and asked for 

;o;yral explanation of the ballot, which was 

0 All conversations were with and all oxplanatlons were made by slectlon officials after which each voter then retired to the place 

provided for marking ballots and marked and 

voted the ballot according to his own wishes 

and intentions. 
Hon. R. E. Schneider, Jr. - Page 4 (V-643) 

“Plaintiff takes the position those matters constituted Illegal assistance under the 

law and rendered each and all the eleven ballots void. None of the voters are within any 

exception of the statute authorizing assist-’ 

ante. 

‘We think it clear from the provisions 

of Art. jOlO,, R. C. S. 1925, and other provisions hereafter noticed, assistance or aid 

means assistance or aid in the marking of the 

ballot, and does not extend to and include 

general instructions and advice, such as givon the voters hero, which do not and cannot 

become injurious to contestant. If advice or 

instruction Is such as would amount to assistj+nce~ in markinz the nam s of candidate o 

the ballot and resultan: injure t contesfant, 

GQ 

ballot void, It cannot be presumed the Legislature intended to apply unreasonable and 

senseless rules in situations like this, and 

the courts will indulge none such, 

“That assistance and aid refers to the 

marking of the ballot is made plain by the 

provisions of Arts. 3008, 3012, R.C.S. 1925, 

and article 2942a, Vernon’s Ann, Civ. St.” 

In Lee v. Whitehead, 182 S. W. (2d) 744 the 

Court of Civil Appeals saidt 

“With reference to the ballots cast by 

Mrs. Joe Katzur and Mrs. Albert Volknann, 

which the trial judge rejected because of his 

findings that those voters were assisted in 

preparing their ballots by election officials 

through the use of languages other than Rnglish, to-wit; Polish and German, respectively, 

the trial judge found that in both cases the 

voters were so assisted by slection officials, 

that the Rnglish language was not’ used in 

either case, but that Polish was used in the 

case of Mrs. Katzur and German in the case of 

Mrs. Volkmann. The testimony fully support ad 

these findings, which we adopt. As distinguished from the case of irregularities in absentee voting, the statute (Art. 3010) expressly provides that where language other than 
Eon. R. E. Schneider, Jr. - Page 5 (V-643) 

English is used in explaining and/or assisting voters in casting their ballots, such ballots ‘shall not be counted, but shall be void 

for all purpcses. In 

To the same effect is Huff VI Duffield, 251 

S. W. 298. There assistance was given, to Mexicans who 

could not understand Rnglish. They were told how to 

vote Democratic, Republican, or Socialist ; how to vote 

for Peddy for Sheriff, and that Teller was running for 

constable. The Court held all such votes illegal. The 

Court said, concerning the law:’ 

” 

. . . it is mandatory in stating the only 

circumstance under which assistance shall be 

given those who are physically unable to prepare a ballot and those over a certain age. 

. . . They are the only ones who can be assist0% and that assistance can only be given when 

requested in English. . . Whether a wise law 

or not, it is the law and must be enforced.’ 

The general rule is stated in 29 C. J. S. 294 

that inability to read or write is ground for assistance 

In some jurisdictions; but in jurisdictions where physical disability is the only ground for assisting voters,~ 

illiteracy does not entitle a voter to assistance. To 

the same effect is 18 Am. Jur. 328. Article 3010 V.C.S. 

provides for assistance to a person who is over sixty 

& is unable to read and write. The natural implication therefore is that persons under 60 not physically 

handicapped may not be assisted even though they are illiterate. The Court stated in Clark v. White, supra: 

‘We think the primary and chief purpose 

in making illegal assistance in the marking 

of a ballot is to prevent fraud and the substitution of the will of some other for that 

of the voter. n 

In other words, the illiterate person would 

not be able to tell whether the person assisting him was 

voting as he directed or not. That Court distinguished 

between explaining a ballot and the actual marking thereof. For the illiterate person, the person assisting 

would have to participate in the actual marking of the 

ballot. This the Legislature has not permitted. 
. 

Hon. R. E. Schneider, Jr. - Page 6 (v-643) 

In view of the foregoing your questions 2 and 

3 are answared In the negative, 

Other than the procedural statutes relating 

to primary and general elections, we have found no lav 

which authorizes any officer to order or advise dlection judges concerning their duties in conducting an 

election. 

There is no requirement in the laws of 

Texas that a person who offers to vote shall 

be able to road, write, speak or understand 

the English language. Election judges are 

not required or permitted to mark or assi,st 

in marking the ballot of a person batween the 

ages of 21 and 60 years, though such poPson 

be unable to mark his ballot because of illiteracy or bscausa such person cannot rtaad 

or write the English language. 

Yours vary truly, 

ATTORREY GENERAL OF TlUA5 

WTWrwb Assistant 

EJd 

ATTORNFX GERERAL