moved? Are bdth re- *a quirsdto make affidavitthat they have re- moved-tothe precinct.where they offer to vote? Is there a time limit for,eitheror both, precedingthe election? What is it?" .:., In answer to this questfonand in view of the. forego&g authorities,it is the opinionof this Depart- ment that there is not a differentregulationfor voters of rural and city precincts,as to their qualifyingto vote in a precinct into which they have moved unless the city in which they are voting'ia.oae which has a popula- tion of more than 10,000 inhabitants. In either instancethe voter muat tie an af- fidavitthat he has removedto the precinctwhere he of- fers to.vote if required to dc so by the electionjudges In the case of Yett vao"Cook,reported ha 281 3% 839# Chief Justice Curetoasaid: Hon.'JackBoberts- Page 6 . . -V-129 '. ..
Wae purity of-theballotin Texas has . been safeguardedby many constitutional and atatutory~proviaiona. Const.art. 14 0 '2;. article6, ga 4, 5, 2; article7$ 8 3. See, generally,also, devisedStatutes1925, 83&3~,2~!3to 3173$ and Pen. Code 1925, art. e ,. : .-"Amongother provisionshavingfor : : . -theirpurposethe purity. of the ballot are those relatingto the paymentof poll taxes and evidencethereoffor use at elections. Tax collecioraare compelledto prepareand furnishpoll tsx lists to electionboards ;for.distributioa to the precinctelection . . :officers. These lists conatitute~part of . the'electionsupplies,and the numberof. ballotsto.be furnishedeach votingprecinct la ascertainedby referencethereto* Revised ; .. Statutes1925, arts0 2975,.2984. In the-case : of municipalelectionsthe eleationboard.is' : : .,~,:. .:. muaposed orthe mayor and othera,-uhose 'duty . .;;eisto obtain electionsupplias,including ll lists referredto and furnishthem. :.- .. . .
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. to 6E"lction offiaerso-BevisedStatutea1925, 2%. . arta 2997$ 2996, 2992r 2993o Supplemental liats.ofthe voterswho have paid their poll tsxee muat be furnIahed*notleaa~thaqfour .
. days prior to any * *.* general-election.' . .. .BeviaedStatutes1925, hart.. 2975. If all lists an not furnishedthe residingjudges.: .: .ofthe various electionprecR cts *at.leaat three days before electioa,qit is their. '. '.'** duty to send for &d procurethem,,. Beviaed.. '.': Statutes1925 art0 2993,' Theae.polllists;: : '. .areused on the .dayof'elactionas a means .ofidentifyingthose I&O appear for the' ,-. . purposeof voting. Describingthe actual .:m methodof voting, article.3005declaree*.that, when the voter uresents~himself to vote. he
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Hon. Jack Roberts - Page 7 V-129
?It'canserve no good purposeto make referenceto the many statuteswhich show that the poll lists are one of the things which carmotbe dispensedwith if a lawful electionis to be held, Since the statutes oonternplate that the poll lists shallbe used as an active and efficientaid towards securingthe purity of the ballot,they necessarilymean that completepoll lists shall be used; that is to cay, the lists shouldcontainthe 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 preparedand disttibutedand the etatuteain other ipl- portant.respekts be ixmtpliedwith between th hour of midnightJanuary 3lstandtha hour of the qwnfng when an election-weu.ld . ..
a&nstruiag the various atatutes'bear-