E NEY GENE 

AS 

Honorable Edgar A. Maddox 

County Attorney 

Palo Pinto County 

Palo Pinto, Texas 

Dear Sir: Opinion No. O-4999 

Re: May a,quallfled elector of Palo 

Pinto County who is entitled to 

vote by absentee ballot under 

the general election 1aw.s of 

Texas, vote by absentee ballot 

at a local option election provided for by the Texas Liquor 

Control Act? 

Your telegram of November 30, 1942, requesting the 

opinion of this department on the'above stated question reads 

in part as follows: 

"THE COMMISSIONERS' COURT OF PALO PINTO COUNTY 

HAS ORDERED A LOCAL OPTION ELECTION TO BE HELD IN' 

THIS COUNTY ON THE ~THDAY OF DECEMBER, A.D. 1942. 

A QUESTION HAS ARISEN AS TO THE LEGALITY OF ABSENTEE VOTING AT SUCH ELECTION, AND I SUBMIT THE FOLLOWING QUESTION TO YOU FOR YOUR OPINION: MAYA 

QUALIFIED ELECTOR OF THIS COUNTY WHO IS EWl’T’l’T.Rr, 

TO VOTE BY ABSENTEE BALLOT llNnl?R THR r.RNli!F 

.---- 

- -_.--- _-.--_ ---- --.- lAL,ELECTION LAWS OF TEXAS VOTE.BY ABSENTEE BALLOT AT A 

LOCAL OPTION ELECTION,PROVIDED FOR THE TEXASLIQUOR 

CONTROL ACT? 

"ART:666-35, PENAL CODE PROVIDES IN PART: 

'THE PRESIDING OFFICER OF EA& VOTING BOX SHALL 

WRITE HIS,NAME ON THE BACK OF EACH BALLOT BEFORE 

DELIVERING THE SAME TO THE.VOTER, NO.BALLOT.SHALL 

BE~RECEIVEDOR COUNTED BY THE.OFFICERS OF ,SUcH.~~ 

ELECTION THAT ISNOT AN. OFFICIAL.BALLPT, ,ANI,.TRAT 

HAS NOT.THE NAME OF.THE PRESIDING. OFFICER OF SUCH 

ELECTION.WRITTEN RIWEoN~.IN.~E~,HANDTdRTTING OF.SIJCH 

PRESIDING OFFICER A3 PROVIDED BY THIS ACT. ART. 

666-36, PENAL CODE, PROVIDES IN PART: THE PROVISIONS OF THE GENERAL ELECTION LAWS SHALL BE FOLLOWED IN CALLING AND CONDUCTING SAID ELECTION WHERE 

NOT INCONSISTENT HEREWITH.' SUBDIVI.YION 1. ART. 
Honorable 

2956, 

OR OF 

Edgar A. Maddox, page 2 o-4999 

REVISED CIVIL STATUTES: ANY QUALIFIED ELECT-~ 

THIS STATE WHO IS ABSENT FROM THE COUNTY OF 

HIS REBIDENCE. OR BECAUSE OF SICKNESS OR PHYSICAL 

DISABILITY CANNOT APPEAR AT THE POLL PLACE IN THE 

ELECTION PRECINCT OF HIS RESIDENCE, ON THE DAY OF 

HOLDING ANY GENERAL. SPECIAL. OR PRIMARY ELECTION. 

MAY, NEVERTHELEBB, 6AUSE HIS-VOTE TO BE CAST AT. 

SUCH ELECTION IN THE PRECINCT OF HIS RESIDENCE BY 

COMPLYING WITH ONE OR OTHER OF THE METHODS HEREINAFTER PROVIDED FOR ABSENTEE VOTING.' 

"BLONT V. MCMILLAN, 139 S.W. (2D) 893, HOLDS 

THAT ART. 666-X. PENAL CODE CONTROIS AND IS HANDATORY, OVER THE GENERAL ELECTION LAWS. HOWEVERTHE 

POINT AT ISSUE WAS NOT INVOLVED. . . . .' 

Articles 666-32 -'i 666-40a, Vernon's Annotated-Penal 

Code.are the statutes pertaining to local option'electlons,as 

contafned in the Texas Liquor Control Act. Article 666-36, 

Vernon's Annotated Penal Code provides, 

"The officers holding such election shall, 

In all respects not herein specified, conform to 

the general elections laws In force regulating 

elections and after the polls are closed proceed 

to count the votes and within three (3) days 

thereafter make due report of said election to 

the aforesaid court. The provisions of the general election laws shall be followed in calling 

and conducting said election where not inconsistent 

herewith." 

Subdivision 1 of Article 2956, Vernon's Annotated Civil 

Statutes provides. 

"Any qualified elector of this State who Is 

absent from the county of his residence, or because of sickness or physical disability cannot 

appear at the poll place In the electionprecinct 

of' his residence, on the day of holding any general; special, or primary electi.on,'may neverthgless, cause his vote to be cast at such an elec: 

tion in the precinct of his residence by compliance 

with one or another'of the methods hereinafter provided for absentee voting." 

A'local option election is a special election authorized 

by then provisions of the Penal Code heretofore mentioned,.' It" 

will be noted that the foregoing provlsion of Article 2956”.6%; 

pressly provides that any qualified elector of thisState who' 

is absent fr:om the county of his residence, or because of sick- 
Honorable Edgar A. Maddox, page 3 o-4999 

ness or physical dlsabFllty cannot appear at the~poll place in 

the election precinct of his’ residence, on the day of holding-’ 

any general, special or primary election may nevertheless, cause 

his vote to be cast at such an election in the precinct of his 

residence by compliance with one or other of the methods provlded by statute for absentee voting. 

,We have carefully,consFdered the case of Blount ‘v. 

McMillari, 139 S.W. (2’) 893, whEch is mentioned in yourinquiry 

and have concluded that’ this case has no application to the 

question under consid,eration. 

Its was held In the case of Scherz v. Telfer; 7% S.W. 

(2) 327’; that common school trustee elections are general elections, and are controlled by the speclflc statutesreIatUigtocommon school trustee elections (Articles 2745, ‘2746 and 2746a, 

Revised Civil Statutes, 1925) Fn all matters covered by’the 

provisions of those statutes, but In all matters~‘not”covered 

thereby the provislons of the general election laws ‘are applicable. We think that by the same reasoning, this tile-would 

apply to local option elections. In none of the particular 

statutes applicable to local option elections (the Articles of 

the Penal Code heretofore mentloned) do we find any provision, 

with reference to absentee voting and under ‘the rule annbuhced in 

the Bcheri v. Telfer case, supra, the general electlon laws 

would be applicable. Therefore, it Is our oplnlon that any 

qualified elector of Palo Pinto County who is entitled to~‘vote 

by ab,sentee ballot under the general electton laws of Texas can 

legally vote by absentee ballot at the local option election 

mentioned in your inquiry, provided,, the provlsions of Article 

2956, supra, are complied with. 

This department has heretofore rendered several opinions 

construing Article 2956, supra, and answering c’ertaln questions 

with reference to absentee voting in school trustee elections and 

certain duties of the county clerk under said statute. Some of 

these opinions atie opinions Nos., O-499, 4700, 4897 and 4487-A, 

copies of which are enclosed herewlth. 

Trusting that the foregoing fully answers your inquiry, 

we are 
Honorable Edgar A. Maddox, page 4 o-4999 

Yours very truly 

ATTORNEY GENERAL OF TBXAB 

By s/Ardell Wlllikms 

Ardell Williams 

Assistant 

Aw:mp:wc 

Encl. 

APPROVED DEC 3, 1942 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By &WE Chairman