OFFIGE OF TRE ATTORNEY GENERAL OF TEXAS

Gerald C. M6nn Attorney General AllSTIR

HonorableE. L. Shelton CountyAuditor $dhnsonCounty 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 lnb1udlnghis 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 includinghis 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 inquiredabout meets the residencerequirementsof the CiMstitutionend--statutes in order to be a qualifiedvoter'-in the July, 1942, primary in Johnson County,Texas. We assume and understandfrom 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 foregoingdisquallflcatlons,

who ehall have attainedthe age of. 21. ” HonorableE. L. Shelton,page 2' ;$-'~

years and who shall be a cititen of the United States and who shallhave resided in this state--one year next preaedingthe election and the last six months within the district or county in which such psrson offers to vote, ahaL1 be deemed 6 qualifiedelector.

. .I' Article 2955, Vernon'sAnnotatedCivil Statutes,contains the exact wording ae set out above in the Constitution.

ArtTcle 2958, Vernon'sAnnot6tedCivil Statutes,--defines the term "residence" as 6ppIlc6bleto voting requirements and providesin part as follows: -.

"The 'residence1

of a Single mXCn

1s where he usually sleeps at night; that of-'6 msrrledmen is where* his wife resides, or If he be permanentlysepar&ed from his wife, his residence is where he sleeps Xt night; povided that the realdiSnce

of oiie who is an Inmate or officerof a pub110 asyNm or eleemosynsryinstrtute,or who is embloyed as 8 clerk in one of the depsrtmentsof the governmentat the capitol of this State, or who Is 8 student of bi col-

. . lege or universlCy, unleas such officer,clerk, inmate or studenthas become a-bona fide resident oltlzenin the county where he is employed,-'or is such student, ‘shall be cofistrued

to be where his hcme-tras beforehe became such itiate or ofTicer in such eleemosynargln%ltution or asglum or was empZoyed as such clerk or becams such student;

. . . -. -. The term "resl&ent",like "cltlzen"-iXnd "domicile",la not sXways capableof precise definition,but may in different circumstances

be used in different senses. The followingrule is set out in 19 Corpus Juris 407, Sea. 19, concerningthe effect of 6bsence on one’8 home or domicile: r- _- _a

"If a person leaves his home or domicilefor 6 temporsry purposewith 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 originaldomicile is not changed even by a long absence If there 1s any Intention of returning."HonorableE. L. Shelton,page 3

We quote from conferenceopinionNo. 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,(tuytionfee statute)of studentswho are mYnor children of American citizenswho live In Mexico or some other foreign country? May thoae studentsbe classified 6s reStdentS of the foreign country In whleh their parents are living or should these studentsbe claaslfied 88 residents of the speolfic stat& In whloh the pesents had

. legal residence at the tlme~theymoved to the foreign country? Does the length of time the pasenthas lived in the foreign countryhave any bearing on the student'sresidence classification? -- "The residence status underthe terms of the statute referred to of studentswho are mT,nor children of American citizenswho live in MexTco or aome other foreign country is a fact question determinedlargely by the Intentionof the father of the children. The fact that they -Xre llvlng In Mexico, in our opinion,would not prevent them from being classifiedas residents of Texas if when they moved to Mexico their intentionwas to return and they Zid not ebandon their intentionafter the move. The determinationof this question is largely a matter of feet governedby the -_ intentionof 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'sresidencequiXllficatlons."
You do not state In your letter whether the pai%y's rqsideiiae

or stay In Travis County w&s intendedto be temporary .or permanentand whether the party.intended to return to Johnson County. However, your letter dlaolosesthat such stay in Travis Count

% was temporary and that said party did return to Johnson Coun y, Texas. _-

-Ifsaid party Intendedhis removsl to Travis County merely temporaryand Intended to rettin t'o Johnson County, it is our opinionthat he wea et all, t&es m6Xerlelhereto a legal resident of Johnson County and assuminghim 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 intentionof est6bliahlnga bona flde residencethere withHonorableE. L. Shelton,page 4

no Intentionof 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 precedingthe July, 1942, primary election. Texas,

The questionwill be governed to a large extent by the Intentionof 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, Intendingto remain, and thereforevote in : Austin. Others, althoughrenting quarters In Austin, Travis GOLDty, are in truth and In fact residents of other counties in Texsa, intendingto return there, and evidence such intentionsby 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 ATTORNEYCjENEFML

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