June 8, 1939

Honorable .L. R. Thompson County Auditor Taylor County Abilene, Texas Dear Sir: Opinion No. 0~839 Re: Canamarried manliving in Baltimore, working for the government at Wash’ington claim residence in Texas and vote there? This is to acknowledge receipt ‘of your letter of May 18th requesting our opinion based on the following statembnt:

‘A manwhose mother lives here and who lived here prior to ,his majority is nowemployed by the government at Washingt,on, D. C. Hehas since married at Baltimore and res’ides ‘there and carries on his work **for** the government at Washington.. Hewishes to vote in Texas.

“There was given meno information as to whether he had ever voted, and I amtaking it for granted that he has not.

“As it occurs to me, the question would be: Can a married man living in Baltimore and working for the - government at Washington claim a residence in Texas and be allowed to vote there? ” The Texas Constitution, Article 6, Section 2, provides in part as follows:

“Every per‘son subject to none of the foregoing disqualificat ions, whoshall have attained the age of 21 years and ‘: whoshall be a cit’ieen of the United States,and whoshall have resided in this State one year next preceding the election and the last six months within the district or county in which such person offers to vote, shall be deemed a qualified elector....”Honorable L. R. Thompson, June 8, 

### 1939,Page2,O-839

Article 2955, R.C.S. contains the exact wording as that set out **above** in the Constitution. Article 

### 2958,R.C.S. deffnes the term “residence” as applicable to voting requirements and provides in part:

“The cresidencel of a single manis where he usually sleeps at night; that of amarried manis where his wife resides, or if he be permanently separated from his wife, his residence is where he sleeps at night; provided that the residence of one who is an inmate or officer of a public asylum or eleemosynary institute, or who is employed as a clerk in one of the departments of the government at the capitol of this State, or who is a student of a college or university, unless such officer, clerk, inmate or student has become a bona fide resident citizen in the county where he is employed, or is such student, shall be construed to be where his homewas before he became such inmate or officer in such eleemosynary institute or asylum or was employed as such clerk or became such student;....” While it is true the courts say that residence is determined largely as a question **of** intention of the voter (Marsden v. Troy, 

### 189SW

### 960;Huff v. Duffield, 251 SW

### 298;Devereaux v. Rowe, 293 SW2O7), where the facts or the expressed or implied intention show that avoter has left his former residence,and moved to a new residence with the intention **of,** remaining there; he loses his former residence for votin purposes. In the case of Stratton v. Hall, 

### 90SW(2d) 

### S&5, it is held that mere declarations of the voter are not controlling 

### ifthe actual facts justify a contrary conclusion. Each case must be construed in the light of its fact situation. Unless there is some evidence other than reflected by your statement, it is our opinion the person mentioned cannot be classed as a resident of Texas for voting purposes; Your question as stated is therefore answered in the negative, based upon the authorities cited. Yours very truly ATTORNEY

GENERAL

OFTEXAS s/ Benjamin Woodall BW:AM ,.. * APPROVED

: BY Benjamin Woodal 1 Gerald C. Mann Assistant ATTORNEY

GENERAL

OFTEXAS APPROVED:Opinion Committee, ByHQB,Chairman