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TIXEA~O-Y GENERAL 

OFTEX;A~ 

Honorable Sidney Latham 

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 letter of April 27, 1944, requesting the opinion of this 

departmnt oathe questions stated therein is as follows, 

"Under Public Law 277, Swenhy-&ighth Congress, free ,po&age via air 

mail is prcmided for abseutee ballots east by servioemen wonthough 

east under State lam. 

"The War Ballot Cceaidssibn, oreated by such act, has reoommended a 

certain type of envelope for 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 

ballots east 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 plarse advise this DeparG 

ment upon the follnriag inquirieet 

Should the 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 Clerks of Texas authorized to adopt the form of 

envelope bearing the same of similar identifioation 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 desires P ballot for both the first and oeoond primary or for both primaries, and the general eleotion? 

Can a County Clerk furnish an absentee ballot to a Serviaeman 

where the poll tax reoeipt is not enclosed with the applioation, 

'tut is presented to the Clerk by the wife or authorized agent 

of the Serrioeman?* 
-, 

Hon. Sidney Latham, 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 entitled to 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 clerk may mail such ballotto suoh absentee voter immediately upon 

receipt of 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 shall be forthwith to 

mail to such elector a blank official ballot and 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 paying postage in sending the 

blank official ballot and ballo+ envelops to the sleotor. 

Under Public Laa 277, free postage by air mail is provided for absentee ballots cast by Servioemen even thoughcast under the State lavc Therefore, it is apparent that 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 stated above, 

should be answered in the negative, and it is so answered. 

With reference to yoursecond question, you are respectfully advised 

that it is the opinion of this department that the county clerks of 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. Stated another my, said envelope must aomply with the provisicus of 

Article 2956, Imt for the purpose of identification and to faoilitate the 

mailing and transferring the official ballots and envelopes andthe return 

thereof, the identifioation marks shovm on the speoimen heretofore mentioned, 

may be added for the purposes heretofore mentioned. However, it should be 

notsd where the words *Secretary of State, etc.," appear, the same should 

be changed showing the officer, namely, the oounty clerk vho 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 

ballot at any time in aoacrdanoe with the prwisions of subsection 2 of 

Article 2956, and the clerk may mail such ballot to such absentee voter immediately upon receipt of such application. We know of no reason why the 

elector aannot make one application for an PbsPtee ballot for more than 

one election, provided the Serviceman speoifies in the applbation that 

he desires a ballot for both the first and seoond primary or for both 

primaries and the general election. The olerk to mail said ballots requested by said application as soon as suah ballots are available. 

In considering your fourth question, it sill be noted that suMivision 2 of Article 2956 provides,, in part, as follwsr 
Honorable Sidney Latham, 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 writing that 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 furnish an absentee ballot to a 

Serviceman when his poll tax receipt is presented to the clerk by his wife 

or authorized agent. In other words, when the application is presented to 

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

presents his poll tax receipt before the clerk has taken ark action, then 

the oounty clerk is authoriged to foruard the absentee ballot to the Sewiveman. When the applioation is reoeived and the poll tax reoeipt of the 

applicant is presented to the county clerk, it is our opinion that the 

provisions of the statute are oomplied with in that the poll tax reaeipt 

accompanies the application. 

Yours very truly 

ATTORNSY GENU2AL OF TFXAS 

By /s/Ardell Williams 

Ardell Williams 

Assistant 

AW:EP:egw 

APPROVED MAY 5, 1944 

/s,(Geo. P. Rlacklxrn 

(Aoting) 

AlTORREYGEW%ALOFTMhS