Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-10-25
QUALIFICATION o. vo1Ens


~HNeHiuI 1tdlCu
10 an Inquirer.
FoRr Worm, Tx. Dor "a ,soa
non. GUS Bowyer, Attorney al i.,v
DEAR SIR.-ln your letter Of the OH
INST, you call my attention TO the rnI,nc
OF the Encouragement touching ne
qualification of a voter in the comins,
election, aud ask my opinion as 10 ne
legal qualifications Of a voter. 0
The opinion Of the attorney-eenera,
IS OF no more force than my own. The
judges OF election throughout TeYas
should be governed by the provisions
oil our constitution and statutes ne
construed by our supreme court
Article OF the state constitution pro.
vides as follows: PRIV
Section THAT the following persons
should not be entitled 10 vote, viz. persons
under u years of age; idiots and iunhtics
all paupers supported by Inc county, Al
persons under conviction OF any felony. ali
soldiers, mariners and seamen employed in
the army or navy OF the United State.
Section provides ,h1t EVERY male
person subject TO none o the FOREGOING
OBSERVATION-DISCLOSURES shall have attain.
ed the age OF 81 years, and who shall be
a citizen of the United States. and who
shall have resided in this state one wear
next preceding an election. and the
last six months within the district or
county In which he offers 10 vote. shall
be deemed qualified elector. and ali
electors (voters) shall vote in the elec-
tion precinct OF their residence.n
Articles 1857, 1888 and 1850. revised
statutes, contain same language quoted
IN the foregoing provisions of the con-
stitution:
In the case Of Little VS.. State IL S.
w. Reporter, page $3.50, our supreme
court, In passing upon this question
held that AT any state or district cleo
ton person mot otherwise disquali-
iiedl would be qualified TO vote for
state or district officers il he had lived
one year in the state and six months in
the districtin which he offered to vote, "
aud that residence of six months in
the county next preceding the election
is not necessary In order 10 vote for
state or district officers. The court in
this case also says that section 2 OF
article 9 of the constitution admits of
no other reasonable construc ton"
In order to vote for any county officer
the voter must have lived and resided
within the county where he offers to
vote for the six months last preceding
such election. And this would be re-
quired in order TO vote for representa-
tive, where the representative district
is composed Of one county only, but
whore composed OF more than one
county the voter is only required to
have resided in the district six months
next preceding the day of election, In
other words, while the voter must vote
in the county and precinct Of his resi-.
dence at the time he offers TO vote, he
can vote for all state and district Off
GERS though he has not resided in such
county six months, provided he has re.
sided in some other county or counties
in such district for six months preced.
ing such election.
This is my opinion and also the opin.
ion of those OF my committe whom
have consulted upon the question under
discussion.
And it is not only in accord with oui
constitution and statutes and the opin
ion Of our supreme court, but it is il
line with the rulings of the former at
torney-generals Of Texas as l now re
member them.
have thus expressed myself plainly
and specifically for the reason that tn,
same question has been asked me from
various portions OF the state.
We want the law followed on thi
matter, TO the end that the people o
Texas shall have free ballot and I
fair count" Yours truly,
A. l.. MATLoCH,
Chairman.