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### TIXEA~O-Y 

## GENERAL

OFTEX;A~

Honorable

SidneyLatham secretary

of stats Austin, Texas
Dear sirt opinion NO. o-5993 Be: Absentee voting 'of members of ib.0 anned forces of the U&ted statwo Your letterof April 27, 1944, requesting the opinionof this departmnt oathe questions stated thereinis as follows, "Under Public Law 277, Swenhy-&ighthCongress, free ,po&agevia air mail is prcmided

for abseutee

ballotseast by servioemen wonthough east under State lam. "The War BallotCceaidssibn, oreated

by such act, has reoommended a certain

type of envelopefor use by the States in order to faoilitate the identifioation and handling

of absentee

ballots in the mail. A specimen

of the reoommended

envelopes

is enolosed

herewith. Article 2958, VACS, prescribes

the formof enselopes to be used for absemtee ballotseast under Stite &w, Pad also makes the requirement for the enclosure

of the poll tax reoeipt, or affidavit

of its loss, together with 15 oents to cover *taga.
"In the light of the above faots, will you plarseadvise this DeparG ment upon the follnriag inquirieet Shouldthe enclosure of 16 cents posti& be required by Coumty Clerks of Serrioemen since free air mail postaga is provided for umder Federal law?
Are the County Clerksof Texas authorized to adopt the form of envelope

bearing

the same of similaridentifioation marks ahowe on the speoimen,

assuuing

the envelope

otherwise

oomplies dth the requirsmenta

of Article 29661 Will one application for an absentee

ballot suffice

for more than one eleotion,

provided

the Serviceman

speeifles

in the applioation

that he desiresP ballot for both the first and oeoond primaryor for both primaries, and the generaleleotion?
Can a County Clerk furnishan absentee ballot to a Serviaeman where the poll tax reoeipt is not enclosed with the applioation, 'tut is presented

to the Clerkby the wife or authorized agent of the Serrioeman?*-,

Hon. SidneyLatham, page 2 (C-5993)

Article 2958,

Vernon's

Annotated

Civil Statutes,

pertains

to absentee voting and under the provisions of said statute,

the elector

who is entitledto vote absentee may make application for an official

ballot at any time in aooordanoe

with the provisions of subsection

2 of such statute,

and the clerkmay mail such ballotto suoh absentee voter immediately

upon receiptof such application* Subdivision 4 of Article 2956, among other things,

provides

in effect that *en an oleotor uho makes written application for a ballot,as prwided in subdivision 2 of the Aot, the applioation of said eleotor,including 15 cents to Dover postage.shall be mailed to the oounty clerk of the elector's residenoe

whose duty it shallbe forthwith to mail to such electora blank official ballotand ballot envelope as provided in subdivision

3 of said statute. It is apparent that the 15 cents mentioned in the foregoingstatute is for thepirpose

of payingpostage in sendingthe blank official

ballot and ballo+ envelops to the sleotor. Under Public Laa 277, free postageby air mail is providedfor absentee ballotscast by Servioemen even thoughcast under the State lavc Therefore, it is apparentthat no postage is required in mailing official ballots and ballot envelopes to electors

ooming within the provisions of said law. This being true, it is our opinion that your first question as statedabove, should be answeredin the negative, and it is so answered. With reference

to yoursecond question, you are respectfully advised that it is the opinionof this department that the county clerksof this State are authorized to adopt the form of envelope bearing

the same or similar identifiaation

marks shown on the specimen enclosed

with your inquiry, assting the envelope otherwise

complies

with the requirements of Article 2966. Statedanothermy, said envelope must aomply

with the provisicus of Article 2956, Imt for the purposeof identification and to faoilitate

the mailingand transferring the official

ballotsand envelopes andthe return thereof,

the identifioation

marks shovm on the speoimen heretofore

mentioned, may be added for the purposes heretofore

mentioned. However, it shouldbe notsd where the words *Secretary of State, etc.," appear, the same should be changedshowing

the officer,

namely,

the oounty clerkvho sendsout said ballots

to members of the Armed Forces,
We now consider

your third question* As heretofore stated,

the eleotor who is entitled

to vote absentee,

may make application for BP official ballotat any time in aoacrdanoe with the prwisions of subsection 2 of Article 2956, and the clerkmay mail such ballotto such absentee voter immediately

upon receiptof such application. We know of no reason why the electoraannot

make one application for an PbsPtee ballot for more than one election,

provided

the Serviceman

speoifies in the applbation that he desiresa ballot for both the first and seoondprimaryor for both primaries

and the general

election. The olerk to mail said ballotsrequestedby said application as soon as suah ballotsare available.
In considering

your fourth question, it sill be noted that suMivision 2 of Article 2956 provides,, in part, as follwsrHonorable SidneyLatham,

page 3 (O-5993)

n

. . . Suoh application shall be aooompanied bythe poll tax reoeipt

or exemption

certificate

of the elector,

or, in lieu thereof,

his affidavit

in writingthat the same has been lost or mislaid.

. e ."
In viem of the foregoing provision

of said statute,it is our opinion that the county clerk is authorized to furnishan absentee ballot to a Serviceman

when his poll tax receiptis presented to the clerk by his wife or authorized

agent. In otherwords,when the application is presented

to the county clerk,and the wife of the Serviceman or his authorizedagent presents

his poll tax receipt beforethe clerk has taken ark action,then the oounty clerk is authoriged to foruardthe absentee ballotto the Sewiveman. When the applioation is reoeived

and the poll tax reoeiptof the applicant

is presented

to the county clerk, it is our opinionthat the provisions

of the statuteare oomplied with in that the poll tax reaeipt accompanies

the application.

Yours very truly ATTORNSY

GENU2ALOF TFXAS By /s/Ardell Williams ArdellWilliams Assistant AW:EP:egw APPROVED

MAY 5, 1944 /s,(Geo.

P. Rlacklxrn (Aoting) AlTORREYGEW%ALOFTMhS