Untitled Texas Attorney General Opinion ( 1944 )

Honorable L. D. Eakman County Attorney, Montague County Montague, Texas Dear Sir: Opinfon NO. O-6099 Re: Whether Article 259, Vernon's Annotated Penal Code, applies to county clerk's offices where and when absentee votes are being cast under the facts stated, Your .letterof July 4, 1944, requesting the opinion of this department on the question stated therein Is as follows: "Under article 259, Penal Code, 'Whoever shall do any electioneering or loiterfng within one hundred feet of the entrance of the place where the election is to be held, shall be fined not exceeding one hundred dollars.' I would like to have an opinionas to whether this article also applies to the County Clerk's office where and when absente,evotes are being cast. I'Inthis County the present County Clerk fs asking for re-election and he has one deputy that electioneers with every person who comes into the County Clerk's office to vote an absentee ballot. I would like to know If thfs deputy is violating the above article. I will appreciate an opinion on this question at the earliest date possible as the absentee voting has already started." A,rticle259, Vernon's Annotated Penal Code, provides: "Whoever shall do any electioneering or loitering within one hundred feet of the entrance of the place where the election Fs to be held, or who shall hire any vehicle for the purpose of conveying voters to the polling place, or shall wilfully remove any ballots from the poilfng place, except as permitted by law, shall be fined not exceeding five hundred dollars." Article 2956, Vernon?s Annotated Clvrl Statutes, per- Honorable L, D. Eakman, pa&:! o -6ogg talns to absentee voting, Subdivision 10 of said statute pro- vides: "The county clerks, their deputies and officers acting under this article shall be considered as judges or officers of electlon within the scope of Articles 215 to 231, fn- elusive, of the Penal Code of Texas, and all amendments thereto, end be punishable as in said articles respectively provided in the case of judges OP officers of the election." Generally speaking, the Penal Statutes.~shallbe con- strued according to the plain import of the language inwhich they are written, without regard to the dlstinctlon usually made betweenthe construction of penal laws and laws upon other sub- jects; and no person shall be punished for an offense which is not made penal by the plain import of the words of a law. After carefully considering thenforegoing statutes, you are respect- fully advised t~hatit is the~opinion of this department that Article 259, Vernon's Annotated Penal Code, has no application to the question submitted in your inquiry. However, your in- quiry does not request the opinion of this department, and~we express no opinion, as to whether such acts of the deputy are violative of the prohibftion contained in Articles 215-231 of the Penal Code. Yours very truly ATTORNEY GENERAL OF TEXAS By s,6AArdell Wflliams Ardell Williams Assistant AW:EP:wc APPROVED JUL 13, 1944 s/Gee D P, Blackburn (ACTMG] ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/BWB Chairman