OFFIGE OF TRE ATTORNEY GENERAL OF TEXAS 

Gerald C. M6nn 

Attorney General 

AllSTIR 

Honorable E. L. Shelton 

County Auditor 

$dhnson County 

ClebuBe , Texas 

Deas 61r: opinion NO. o-M52 

Re: Elections - voters - residence 

Your request for opln?Zon has been receivgd and c&zfully considered by thls depmtment: We quote from your req3eert 

as follows: 

"C6n a per.son who has lived In one County all his 

lX?e 6t-d has property in IiQat eountg and in AprU 1941 

moved out of the county and stayed until Februssg 19, 

1942, yet paid his tsxes lnb1udlng his poll tax in that 

county vote in the Julp primary? 

"TO illustrate: 

_- -. 

"A man left Johnson County in April 1941 and moved 

to Travis County, but paid his taxes a8 above indicated, 

in Johnsoii County including his poll tax, and returned 

to his home In Johnson County Febriiary 19, 1942, ~111 he 

be allowed to vote 'in the July primary?" 

As we view your question under the @tots related you 

desire to know whZither or not the party inquired about meets the 

residence requirements of the CiMstitution end--statutes in order 

to be a qualified voter'-in the July, 1942, primary in Johnson 

County, Texas. We assume and understand from your letter that 

the party duly and properly pald.his poll tax in Johnson C6Untg 

to vote at said eleatlon. 

our state Constitution, Article 6, Seation 2, provides 

in part as follows: 

"Every person subjeat to bone of the foregoing disquallflcatlons, who ehall have attained the age of. 21 
. ” Honorable E. L. Shelton, page 2' ;$-'~ 

years and who shall be a cititen of the United States 

and who shall have resided in this state--one year next 

preaeding the election and the last six months within 

the district or county in which such psrson offers to 

vote, ahaL1 be deemed 6 qualified elector. . .I' 

Article 2955, Vernon's Annotated Civil Statutes, contains the exact wording ae set out above in the Constitution. 

ArtTcle 2958, Vernon's Annot6ted Civil Statutes,--defines the term "residence" as 6ppIlc6ble to voting requirements 

and provides in part as follows: -. 

"The 'residence1 of a Single mXCn 1s where he usually 

sleeps at night; that of-'6 msrrled men is where* his wife 

resides, or If he be permanently separ&ed from his wife, 

his residence is where he sleeps Xt night; povided that 

the realdiSnce of oiie who is an Inmate or officer of a pub110 asyNm or eleemosynsry instrtute, or who is embloyed 

as 8 clerk in one of the depsrtments of the government at 

the capitol of this State, or who Is 8 student of bi col- . . 

lege or universlCy, unleas such officer, clerk, inmate or 

student has become a-bona fide resident oltlzen in the 

county where he is employed,-'or is such student, ‘shall be 

cofistrued to be where his hcme-tras before he became such 

itiate or ofTicer in such eleemosynarg ln%ltution or asglum or was empZoyed as such clerk or becams such student; 

. . . -. -. 

The term "resl&ent", like "cltlzen" -iXnd "domicile", la 

not sXways capable of precise definition, but may in different 

circumstances be used in different senses. 

The following rule is set out in 19 Corpus Juris 407, 

Sea. 19, concerning the effect of 6bsence on one’8 home or domicile: 

r- _- _a 

"If a person leaves his home or domicile for 6 temporsry purpose with an intention to return, there Is no 

change of domioile." 

This rule Is further substantiated by the a6se of" 

Sabriego, et ux, v.-Whlte, 30 Tex. 585, in which the court msde 

the following statement: _. 

"The original domicile is not changed even by a long 

absence If there 1s any Intention of returning." 
Honorable E. L. Shelton, page 3 

We quote from conference opinion No. 2977, dated January 10, 1936, Attorney Genera&Reports 1934-1936, p. 11, direoted 

to Dr. H. Y. Benedict, as follows: -. 

"What is the residence status, under the terms of the 

statiite referred to, (tuytion fee statute) of students who 

are mYnor children of American citizens who live In Mexico 

or some other foreign country? May thoae students be classified 6s reStdentS of the foreign country In whleh their 

parents are living or should these students be claaslfied 

88 residents of the speolfic stat& In whloh the pesents had . 

legal residence at the tlme~they moved to the foreign country? Does the length of time the pasent has lived in the 

foreign country have any bearing on the student's residence 

classification? 

-- 

"The residence status underthe terms of the statute 

referred to of students who are mT,nor children of American 

citizens who live in MexTco or aome other foreign country 

is a fact question determined largely by the Intention of 

the father of the children. The fact that they -Xre llvlng 

In Mexico, in our opinion, would not prevent them from being classified as residents of Texas if when they moved to 

Mexico their intention was to return and they Zid not ebandon their intention after the move. The determination of 

this question is largely a matter of feet governed by the -_ 

intention of the father of the children. The length of time 

the parent haa lived in the foreign country does not have 

any beesing on the student's residence quiXllficatlons." 

You do not state In your letter whether the pai%y's 

rqsideiiae or stay In Travis County w&s intended to be temporary 

.or permanent and whether the party.intended to return to Johnson County. However, your letter dlaoloses that such stay in 

Travis Count 

% 

was temporary and that said party did return to 

Johnson Coun y, Texas. 

_- 

-If said party Intended his removsl to Travis County 

merely temporary and Intended to rettin t'o Johnson County, it 

is our opinion that he wea et all, t&es m6Xerlel hereto a legal 

resident of Johnson County and assuming him to be a qus3lfied 

voter in all otiier respects he would be entitled to vote In the 

July, 1942, primary. __ 

If on the other hand he moved to Travis County with 

the intention of est6bliahlng a bona flde residence there with 
Honorable E. L. Shelton, page 4 

no Intention of returning to Johnson County he would not be entitled to vote in the July, 1942, primary in Johnson County, becaus5 he would not have been a resident of Jofinson County, 

six months next preceding the July, 1942, primary election. 

Texas, 

The question will be governed to a large extent by the 

Intention of the psrty. This question often arises with empXoyees of the State residing in Austin. Many of these State 

~employees have become bona fide reXdents of Austin, paying their 

poll taxes there, Intending to remain, and therefore vote in : 

Austin. Others, although renting quarters In Austin, Travis GOLDty, are in truth and In fact residents of other counties in Texsa, 

intending to return there, and evidence such intentions by paying 

their poll taxes in such counties and in other ways, snd vote in 

the counties of their legal residence. 

We also enclose a copy of-opinion X0. O-3313 of this 

department passing on a question somewhat similar. 

Very truly yours 

ATTORNEY CjENEFML OF !PEXAS 

/a/ Wm. J. Fanning 

WJF:GG:fb 

Enclosllre 

BY 

__ 

Wm. J. Fanning 

Assistant 

APF'ROVED APR. 23, 1942 

/s/ Zollie C. Steakley (Acting) 

ATTORNEYGEl'IERAtOFTEXAS 

Approved, Opinfon Committee 

By:BWB, Chairman