Hon. Artie Stephens Opinion No, O-2420 

County Attorney Re: Voting for precinct officers 

Hopkins County in July, following the changing of 

%lphur Springs, Texas commissioners precincts in FebruWY. 

Dear Sir: 

Your recent letter, requesting a legal opinion of 

this Department states that the commissioners court of your 

county on the 5th day of February l%O changed the commissioners precincts of the county with td result that some 

citizens are now within a different commissioners precinct, 

and will have resided therein less than six months prior to 

the July primaries, You ask may these citizens vote for precinct officers in such commissioners precinct. 

We assume that these individuals are otherwise qualified voters and further that no change was made in the eleation precincts which codd be done only in conformity with 

Article 2933, Revised Civil Statutes, 

It has been consistently held by this Department 

that the Constitution and statutes of Texas do not require 

that a voter shall have resided six months within a precinct 

of a county; to be eligible to vote, but that the six months 

requirement is complied with if the voter has resided such 

time within the county. Letter opinions of the Attorney General., vol. 382, p. 617 and p. 623; vole 362, pe 613. 

In conference Opinion No. 2116, by Assistant Attorney 

,Genersl John Maxwell approved by Attorney General Co M. Cureton July 16 1919 tOpinions of Attorney General, Vol. 53, page 

271j it was declar&d: "If a voter has in fact moved into a new 

precinct within the same county in good faith to reside in such 

precinct and to acquire a residence therein, such voter is entitled to vote at any general election held subsequent to his 

acquiring his new residence as aforesaid." 

These opinions are entirely sound in their holdings 

that a voter who has resided within the county for six months, 

may vote in E he precinct'within the county to which he removes, 

notwithstanding such removal may be at a time less than Six 
Hon. Artie Stephens, page 2 

months prior to the election* In such case' there is no doubt 

that such voter could vote for precinct officers of~the precinct to which he has removed. Indeed, Article 2967, Revised 

Civil Statutes of Texas, makes specific provision for the situation where a citizen,,who has received his poll tax receipt 

or certificate of exemption, removes to another precinct in the 

same county. 

The question submitted by you, however, relates to 

the fact situation where the voter himself does not remove to 

another precinct, but where he is, so to speak Uremoved'4 to the 

different precinct by the action of the commissioners' court in 

altering the precincts in the county. There is no statutory 

regulation of this situation analogous to Article 2967, supra, 

relating to the removal of the citizen himself to another precinct. 

We are constrained to the opinion, however, that the 

citizen so removed by the action of the commissioners8 court 

is not precluded from voting, in a primary election to be held 

less than six months thereafter, on the precinct officers of 

the new precinct in which he finds himself after the action of 

the commissioners' court. As before pointed out, neither the 

Constitution nor the Statutes of Texas require, as a prerequisite for voting for precinct officers, that the citizen shall 

have resided within the precinct for at least six months prior 

theretoo In the absence of such requirement, it is our opinion 

that a citizen, otherwise qualified, may vote for the precinct 

officers of the precinct in which he resides, 

Accordingly, you are respectfully advised that it is 

the opinion of this Department that the citizens residing within the commissioners precincts, as changed by the commissioners 

court of your county on the 5th day of February, 1940, if otherwise qualified, may vote for the precinct officers thereof in 

the July primaries of 1940, 

APPROVED JOL 12, 1940 

/s/ Grover Sellers 

FIRST ASSISTART 

ATTORNEY GENERAL 

APPROVED: OPINION COMMITTEE 

BY: BWB,CHAIRMAN 

&CLS@BB:wb 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By /s/ Zollie Co Steakley 

Zollie C, Steakley, Assistant 

.