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Hon. Jack Roberts - Page 2 'V-129 

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statutes do not require that a voter &hall have resided 

six months within a precinct of a county to be eligible 

to.vote, but that the six months requirement is corn-' 

plied with if the voter has resided such time within 

the county. 

We quote from.Opinion No. 2ll6 of this Department, dated July 16, 1919, as follows: 

. 

*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 acquke a residence therein, such voter 

is entitled to-vote at any general election held subsequent to his acquiring his 

_ qew nsidence as aforesaid," .~ 

In rlew of the foregoing, you are respectful1 adklsed that It is the opinion of this Department 

t & t a person mayvote in a special election such as a 

local option election, who has moved into the precinct 

immediately before the election, on his own~atatement 

. - that he is-a legal resident of the precinct, provided 

he has his poll tax receipt or certificate of exemption, 

if roqulred by'law, and 'is otherwise a qualified~voter; 

and provided further that the facts and circu~~tanods 

are such aswould make him a legal resident of~that ~~ . 

particular'precinct; one of which-is his intention at 

the time ha moved into such precinct. *Linger vao. 

- Dalfour, l/+9 S.W.'803; Harvey vs,'Cain, 197.S.W, 765.. 

~&ever, 'there is an exception $0 this g&r- 

.ti'..e'when the person who is offering to vote lives’ 

in a city of 10,000 inhabitants or:'more. Then he must 

comply tith Articles 2966 and 2967, V&S., which ares 

aa follows: .:.~ 

_ ~; 8 

=&z-t. 2966. Bemoval to another ward* 

'If a citizen in a city of ten thousand 

&r&habitants, after receiving his poll tax 

receipt or certificate~of exemption removes 

to another ward in the same city beiore the 

next election, he may vote at any general 

election in the ward of his new residence‘by 

presenting his poll tax'receipt or certificate of exemption to the precinct election 

judges, or by mahingaffidavit that it has. 
Hon.'Jack Roberts - rage 3 _' v-129 . 

been loat or misplaced; which affidavit 

sh+ll be left with the judges and forwarded with tha election returns. But 

in all such caws if the removal uaa to 

the ward of his neu residence in the aame 

city before the certified llat of voters 

wna t$ellwed to the 

aball appear before t r 

clnot judgea, he. 

e tax collector not 

loss +m fire dqs beSore ayh l lectlon 

er primary l lectlon and ohtaln a Comwt~d 

r8ceipt or certificate* and his name &AU 

k added to the liot 0) voters for the 

-Iact of his new xwaidance; and ha 

&all uot wte In that event unlua hi8 

us ~z1 the carblfled llat of 

. . . Gtzl. pi? 

.’ 

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wrt. 2947. EemoYal~fO anotier fxnmty 

6r preciaot. 

P@JJ 

.If a cltiren aftor,rece*vin& hls 

-tu ncalpt or cert~flcate of oxomptloa, cImw08 to aa- ctnlnty of to 

I ~hwpncinctlntha aane county ha 

qy veto at an eloctlaS ln the pr&ct 

ofUmnmrmsidaneaLnauoh’athwcauey 

or proalht by pqesontlng hfs pall tax 

maeipt 0T oestifiaatte ef exeqtion er 

hl8 affidavit of its lors to tha pnotict’ 

il 

Mgea of election, and state in auchif- ' 

davit whore he paid such poll.tax or. 

. received such certificate of exemption, 

aud by naking oath that ha ia the ident%- 

cal peraen described In euoh.pall-tax roeaipt ar Cortlfloato of oxemptlon, md 

tht b then re&&4w 5a the precinct .c: 

wbua% he offers tovotoandba8rwl(d _ 

for the last alx matbe IA the district 

I or aounty ia which he aff+ra te tote end 

twelve ma~ths iqa~the~8Qtts. BUS no such 

pe.raasW&lbmpemittm~toootofDa . 

thewwd~bituatr~rasu 

l llq eteo f r & irs wk la sa atax c s nc o ip t 

or cart.Ulcato, AOt lose thml feur &p 

prior to rush election or primary rlrc-. 

tion er mede rffitivit af ita,loss and 

eating iA muh affldartt lchue ho peld : 

ruch poll tax or ncei~ed mmh oa'$lfl~te, 
, . 

Edn. 

: 

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This~ question we think,. is answered in Opinion. Ho. O-7034 of this fiepartment dated January 17, 1946, 

. . .' &n the' answers to questions 7 and 8 therein; a co 

_ - uh+h is herewith enclosed. In this opinion thia%zf 

-partment ruled that such persons were entitled to vote 

without being included on the certified lists of voters 

: prepared by' the tax assessor and collector; that the 

Y, udgas could. require them to show by their ownoaths .:. :' .. and if. in a city or town of .10,000 or more .$nhabltants, 

: by the oath of one well known resident) that they were 

qualSf%ed to 'vote: and that the election' officials could 

. ~0% :requirr more. . . . .: " 

Jack Boberts - Page 4 

: 

. . 

of.memption; and the collector &all thereupon add his name- to the list of qualified 

voters of the precinct of his new residence; 

and, uiiLess such voter has done this and his 

name appears in the,certifled list of voters 

of the precinct of his new residence; heshall not vote.' ':_ 

_' 

-Tour Question .ho. 2 is as.follows:, ,,_ ,. 

1.2. Ii case .of 'service men or women. 

entitled to vote, without poll tax, are theyrequired to make any showing as to whether . 

they live. in the precinct?" 

. . . . . 

Tour &estion ?0..,.3 %8 as follows: : : 

" l 3d If a person actA.ly'~reaide*~ 'in . . . y 

.a' precinct. one night. preceding' the electton 

.by merely sta ing in it overnlght,.andoer' 

not move' his E ousehold goods, etc. ) and then : 

returns to -his usual residence in ,some other 

$reainct, is .he subjeot to prosecution fo.r '.' 

_' 

voting.in the el;ection?" 

Iike vr6 are faced with a que&ion of fact. 

'iou 6tate that the person actually resides in a pre- 

'cinct one night, yet at the same time you say he did 

not mow hia household goods, etc.. The facts ou 'their 

face are hot consistent with modng to a new residence '.. wI.h a bona fide Intent of making it his perrnaA~At 

.' reeidenci. 2 

A6 atoted by JueticiHorvell in the aaae of 

Ii&de vs. Cantu, reported in 143 9. W. (2) 126, ue' 

find the .follorring: . 

. . _, 

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Hono Jack Roberts - Page 5 V-129 

'*The testimony of a witness as to his 

intention is, of course, not.necesaarily 

controlling. It is, however, an element 

which may be considered by the authority 

authorized to determine fact issues - the 

jury or the trial judge. 

"In our opinion the correct rule Is 

stated in Stratton vs. hall, Tex. Civ.. App., 

90 S.W. (2) 865, 866, by the El Paso Court 

of Civil Appeals, wherein It was held that 

although the declaration of a voter as to 

his intention is not controlling, %z isbT 

element.which may be considered. 

Words, the question of the residence of a 

married person for voting purposes under 

Article 2958, is one which'muat be determined by reference to the actual facts and 

circumstances; one of which will.be his in- . tentions.'* 

; The&ore, since yourquestion'ls~one of fact, 

thiaDepmtmeat aannot pasauponthe same. 

Question No. 4 of your request is,as follaua: 

..‘ 

'40 &,there a different regulation - 

for voters of rural and city precincts, aa. 

to their qualifying to vote in a precinct 

Idto which they have moved? Are bdth re- *a 

quirsd to make affidavit that they have removed-to the precinct.where they offer to 

vote? Is there a time limit for,either or 

both, preceding the election? What is it?" 

.:., 

In answer to this questfon and in view of the. 

forego&g authorities, it is the opinion of this Department that there is not a different regulation for voters 

of rural and city precincts, as to their qualifying to 

vote in a precinct into which they have moved unless the 

city in which they are voting'ia. oae which has a population of more than 10,000 inhabitants. 

In either instance the voter muat tie an affidavit that he has removed to the precinct where he offers to.vote if required to dc so by the election judges 

In the case of Yett vao"Cook, reported ha 281 

3% 839# Chief Justice Curetoa said: 
Hon.'Jack Boberts - Page 6 

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. . -V-129 

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:.- . . 

2%. . 

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Wae purity of-the ballot in Texas has . 

been safeguarded by many constitutional and 

atatutory~proviaiona. Const. art. 14 0 '2;. 

article 6, ga 4, 5, 2; article 7$ 8 3. See, 

generally, also, devised Statutes 1925, 

83&3~,2~!3 to 3173$ and Pen. Code 1925, art. 

e 

.- "Among other provisions having for . 

-their purpose the purity. of the ballot are 

those relating to the payment of poll taxes 

and evidence thereof for use at elections. 

Tax colleciora are compelled to prepare and 

furnish poll tsx lists to election boards 

;for.distributioa tothe precinct election 

: officers. These lists conatitute~part of 

the'election supplies, and the number of. 

ballots to.be furnished each voting precinct 

la ascertained by reference thereto* Revised 

Statutes 1925, arts0 2975,. 2984. In the-case 

of municipal elections the eleation board.is' 

muaposed orthe mayor and othera,-uhose 'duty 

.;;eis to obtain election supplias, including 

ll lists referred to and furnish them. 

to 6 E" l ction offiaerso -Bevised Statutea 1925, 

arta 2997$ 2996, 2992r 2993o Supplemental 

liats.of the voters who have paid their poll 

tsxee muat be furnIahed *not leaa~thaq four . 

days prior to any * *.* general -election.' . . . 

.Beviaed Statutes 1925, hart.. 2975. If all 

lists an not furnished the residing judges.: 

R 

. : 

.of the various election prec cts *at.leaat 

three days before electioa,q it is their. '. '.'** 

duty to send for &d procure them,,. Beviaed.. '.': 

Statutes 1925 art0 2993,' Theae.poll lists;: : '. 

.are used on the .day of'elaction as a means 

.of identifying those I&O appear for the' 

purpose of voting. Describing the actual .:m 

methodof voting, article.3005 declaree*.that, 

when the voter uresents ~himself to vote. he 

,-. 
. . 

Hon. Jack Roberts - Page 7 

?It‘can serve no 

. . 

. . 

_’ 

good purpose to make 

reference to the many statutes which show 

that the poll lists are one of the things 

which carmot be dispensed with if a lawful 

election is to be held, Since the statutes 

oonternplate that the poll lists shall be 

used as an active and efficient aid towards 

securing the purity of the ballot, they 

necessarily mean that complete poll lists 

shall be used; that is to cay, the lists 

should contain the mames of every voter who 

may pay his poll tax prior to the close of 

January..U~st each year. We think it quite 

orldmt that the poll lists in a city like 

Auotin could not properly be prepared and 

disttibuted and the etatutea in other iplportant.respekts be ixmtplied with between 

th hour of midnight January 3lstandtha 

hour of the qwnfng when an election -weu.ld 

V-129 

. 

a&nstruiag the various atatutes'bearlng en the subject in the light of the Con- . 

8titution shows tonelusively that the provisions relating to poll tax lists are man-.' ,_ 

.datory. .a ~. .* (Underscoring ours1 

.. . . .' It i$ clearly seen from the foregoing tuthor- 

.ltidi tbat it Ss.mandatory that thetax asseshrdtnd 

collector of the county fixrUsh a poll t&x list to the ' 

Board, before the'first day of April of every year. If 

in a county wnich'.contains azity of more than 10,000 

.lnhabitants the tax' collector shall also furnish to 

said Board nqt,less than four days‘prior toany Primary 

or'General Election supplemental lists in the form. 

herein prescribed, of all poll taxpaying voters uhe' 

have, since paylng.theis poll taq removed to each vatlng precinct in each such city.or town in the county 

from another county or in other prtcincts,in tho same 

'In turn the Board shall furnish each presiding 

~$~'~f a precinct the certified lists and,supplemental Mats of'votcrs. of his precinct-at tho time when ,it 
Hon. Jack Boberts - Page 8 

furnishes other election supplies. 

If said.list or supplemental list Is not furnished said Board, it is then incusbent upon said Board 

to demand the same since it is absolutely necessary end 

mandatory that the election udgea have said lists 

throo dayc before said elect i on in order to ascertain 

who are qualified voters; and if they do not receive 

same, they should make demand for. them, It is only in 

this respect that there is a difference in regulations 

for voters of rural and city precincts. 

It necessarily follows from uhat has been 

.aaid that, if a person moves from one precinct .to another. precinct in the same county and in a city or town 

of more than 10,000 inhabitants,. subsequent to. the time 

,tbat the supplemental lists have been made out by the 

tax collector and, delivered to the.Board, he could be 

denied the right. to vote. Whereas, If he removed to’ . 

aaother precinct $n the ‘same county even after the poli 

list had ‘been made by the tax amessor and collector 

and ‘delivered to sa%d @xrd but not being in a town or 

‘-city of inore than lO,OOO.inhabitants, he could. not be . 

denlod the right--to vote regardless of when he moved to 

his new precinct, if he was otherwise qualified to vote.- 

Ye.~sre .fami.lW”uith the principle that the’ 

Cou+s of Texas:throughout the years have.liberall 

h 

construed, the. statutory regulations affecting the rig t of 

a voter freely to cast. his vote in the exprosalon of 

his choice at an election snd, .in the abscnce’of statury command, will not disfranchise hizap, yet, since. it - 

Is msMat0r.y that then supplement&l lists .be furnished 

‘to the election .judgsa, in cities’of.more than 10,000 

inhabitants if a person moyes to such city after the 

stapplementa$ .poll list has been delivered, or moves 

from one precinct to another precinkt la such ait 

election judge -could refuse him a ballot because 

tc:he 

name would not appear oA.said list as required by law* 

‘Thi first part of Question No.’ 5 of your re-. 

quest that is: When a person casts an’absentee vote, 

what, 1s the duty of the County. Glerk as to ascez%ain’izxg 

the legal residence of such voter?s., we think, is an- 

~swered in Opinfon:No. O-7069 of this Depsrtment, dated 

February 23, 1946,a copy of which is herewith enclosed. 

The &I% part of Question No, S is as follows: 
_:... 

hon. Jack Roberts - Page 9 V-129 

*What is the duty of tho election of- . . 

ficial.8 of a precinct when a person offers 

to vote and presents an affidavit that he 

has removed his residence to that prqainat’M 

Articles 206 to 280, V.P.C., are other provi-. 

slons having for their purpose the purity of the ballot 

and which ret out some of the duties OS tho slection 

%%rti~les 3002 3004 3005 and 3006 V C 

- particularly Articles 216 and 217 to 

3 

ether 

These 

‘tiicles provide h;w theieelection judge: &y:a&ortain 

who is a qualified voter, what the voter must .do in 

‘order to ba eligible to vote, and the remedy of the 

voter If challenged as such. Article 3007, V.C.S., is 

the pprticulsr statute which. governs if the election 

ls bolng held ia a town of 10,000 or more inhabitants 

where the voter’s right to vote is challenged.’ 

It is apparent from &at has already beqn 

said and in- view of the aforementioned statutes. that 

.if the person is OtherwiSe qualified to vote it is 

their the duty of the election 

fact8 Srom the voter under i! 

udges to rot&e such 

oat which hs (soems tiooes- 

. sary to a&sure the judges that the person has aatually 

become a bona fide resident of safd preoinqet; 

: 

ofmoh *han.lO.'OOO 

ascertaining .ths’fa&s as 

inperson’s ‘natme must appear’in the 

persdn Se .required. to have .a 

of. exemption; othsrrrfse. the 

olectioa udge,should refuse.to issue srich,person-a 

bpllot.. L addition to this, Article 3007, suprat is 

also applicab1.e a It “goes without saying. that the ‘law 

imposing.all the other duties upon the affiaials holdipg ale&ions must aSso be abserved. . .:. 

. . 

: 

‘SUMKARY.. ..’ 

Is. An otherwIse qualified v0te.r ,iho.“. 

‘,has moved into a precinct before an olection may vote in a local’ option election 

on .his own statement as to precinct red- 

.dence.ff he has been a resident of suoh 

oounty for 6‘monthaimmediately procoding 

‘such oleation upon presentation of.hie poll 

tax receipt. or certifloate of exemption, .lf. 

requlrod; htiovers if voting lm a .city of 

10,900 .inhabitsnts or more a votw musts In 
. . ;.. 

Hon.~Jack Roberts - Page 10. .vy129.. 

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. . 

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addition to the fore'oing, comply with " 

Articles 2966'aud 29 % 7; V.C.S. .:~~ 

2. As .to whether a voter is subject 

to prosecution who resides in a preainct 

one night and does not move his household 

goods, etc 0 ) presents a fact question, A 

declaration of a voter is not controlling 

as to intention although it is an element 

which may be considered. (90 S.W. 2d 865; 

ll+3 S.W. 2d 126) 

3. There is not a different regula- 

'tion for voters of rural and city precincts, 

as to their qualifying.to vote in a preoinct into which,they have moved unless the 

city in .tiich they are voting is,one:which 

has a population of more than 10,000 in-, 

habitants* In either,instance the voter 

must make an affidavit that he has removed 

to the precinct where he offers to vote, 

if required to do so by the election judges, 

There is.no time*limit for either~, preceding the;election., butif in a town of more. 

than 10,000 inhabitants the voter, if rcquested by the jud e; must aom Xy with. 

Article 3007, V.C. 8 *, in addit E on to the .1 

other requiimwnta set out in the statutes* 

'l+.- If a person is otherwise qualified'~ 

to foto, it is the duty of the electiqn .' 

jridge to retire suah facts from the rot&? 

Under oath which he deems necessary to a's8ure the judge that the person has.actually. 

beoome 'a bona fide Fesident of said preoinct. :r' . . 

._ 

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_’ ” 

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APPROVED .APRIL 8, 1947 AFm,GENEXAL OF TEXAS 

Bruce Allen 

Assistant; 

BAa.djm:erc 

Enclosures 

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'~ I.~'. ...::. .~ _',. 

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