Untitled Texas Attorney General Opinion ( 1944 )

. -- .- - TIXEA~O-Y GENERAL OFTEX;A~ HonorableSidneyLatham secretaryof stats Austin, Texas Dear sirt opinion NO. o-5993 Be: Absentee voting 'ofmembers of ib.0anned forces of the U&ted statwo Your letterof April 27, 1944, requestingthe opinionof this departmnt oathe questionsstatedthereinis as follows, "UnderPublic Law 277, Swenhy-&ighthCongress,free ,po&agevia air mail is prcmidedfor abseuteeballotseast by servioemenwonthough east under State lam. "The War BallotCceaidssibn,oreatedby such act, has reoommendeda certaintype of envelopefor use by the States in order to faoilitate the identifioation and handlingof absenteeballots in the mail. A specimenof the reoommendedenvelopesis enolosedherewith. Article 2958,VACS, prescribesthe formof enselopesto be used for absemtee ballotseast under Stite &w, Pad also makes the requirementfor the enclosureof the poll tax reoeipt,or affidavitof its loss, together with 15 oents to cover*taga. "In the light of the above faots,will you plarseadvise this DeparG ment upon the follnriaginquirieet Shouldthe enclosureof 16 cents posti& be requiredby Coumty Clerks of Serrioemensince free air mail postagais provided for umder Federal law? Are the County Clerksof Texas authorizedto adopt the form of envelopebearingthe same of similaridentifioation marks ahowe on the speoimen,assuuingthe envelopeotherwiseoomplies dth the requirsmentaof Article 29661 Will one applicationfor an absenteeballot sufficefor more than one eleotion,providedthe Servicemanspeeiflesin the ap- plioationthat he desiresP ballotfor both the first and oeo- ond primaryor for both primaries,and the generaleleotion? Can a County Clerkfurnishan absenteeballotto a Serviaeman where the poll tax reoeiptis not enclosedwith the applioation, 'tutis presentedto the Clerk by the wife or authorizedagent of the Serrioeman?* -, Hon. SidneyLatham,page 2 (C-5993) Article 2958,Vernon'sAnnotatedCivil Statutes,pertainsto absent- ee voting and under the provisionsof said statute,the electorwho is en- titledto vote absenteemay make applicationfor an officialballot at any time in aooordanoewith the provisionsof subsection2 of such statute,and the clerk may mail such ballotto suoh absenteevoter immediatelyupon receiptof such application* Subdivision4 of Article 2956, among other things,providesin effectthat *en an oleotoruho makes written application for a ballot,as prwided in subdivision2 of the Aot, the applioationof said eleotor,including15 centsto Dover postage.shall be mailed to the oounty clerk of the elector'sresidenoewhose duty it shall be forthwithto mail to such electora blank officialballotand ballot envelopeas provided in subdivision3 of said statute. It is apparentthat the 15 cents mentioned in the foregoingstatute is for thepirposeof payingpostagein sendingthe blank officialballot and ballo+ envelopsto the sleotor. Under Public Laa 277, free postageby air mail is providedfor absent- ee ballotscast by Servioemeneven thoughcast under the State lavc There- fore, it is apparentthat no postageis requiredin mailing officialballots and ballot envelopesto electorsoomingwithin the provisionsof said law. This being true, it is our opinionthat your first questionas statedabove, shouldbe answeredin the negative,and it is so answered. With referenceto yoursecond question,you are respectfullyadvised that it is the opinionof this departmentthat the county clerksof this State are authorizedto adopt the form of envelopebearingthe same or simi- lar identifiaation marks shown on the specimenenclosedwith your inquiry, assting the envelopeotherwisecomplieswith the requirementsof Article 2966. Statedanothermy, said envelopemust aomplywith the provisicusof Article 2956, Imt for the purposeof identification and to faoilitatethe mailingand transferringthe officialballotsand envelopesandthe return thereof,the identifioation marks shovm on the speoimenheretoforementioned, may be addedfor the purposesheretoforementioned. However,it shouldbe notsd where the words *Secretary of State, etc.," appear,the same should be changedshowingthe officer,namely,the oounty clerk vho sendsout said ballotsto members of the Armed Forces, We now consideryour third question* As heretoforestated,the eleot- or who is entitledto vote absentee,may make applicationfor BP official ballotat any time in aoacrdanoewith the prwisions of subsection2 of Article 2956, and the clerk may mail such ballotto such absenteevoter imme- diatelyupon receiptof such application.We know of no reasonwhy the electoraannotmake one applicationfor an PbsPtee ballot for more than one election,providedthe Servicemanspeoifies in the applbation that he desiresa ballot for both the first and seoond primaryor for both primariesand the generalelection. The olerk to mail said ballotsre- questedby said applicationas soon as suah ballotsare available. In consideringyour fourth question,it sill be noted that suMi- vision 2 of Article 2956 provides,,in part, as follwsr HonorableSidneyLatham,page 3 (O-5993) n. . . Suoh applicationshall be aooompaniedbythe poll tax reoeiptor exemptioncertificateof the elector,or, in lieu thereof,his affidavitin writingthat the same has been lost or mislaid. . e ." In viem of the foregoingprovisionof said statute,it is our opin- ion that the countyclerk is authorizedto furnishan absenteeballotto a Servicemanwhen his poll tax receiptis presentedto the clerk by his wife or authorizedagent. In other words, when the applicationis presentedto the county clerk,and the wife of the Servicemanor his authorizedagent presentshis poll tax receiptbeforethe clerk has taken ark action,then the oounty clerk is authorigedto foruardthe absenteeballotto the Sew- iveman. When the applioationis reoeivedand the poll tax reoeiptof the applicantis presentedto the county clerk, it is our opinionthat the provisionsof the statuteare oompliedwith in that the poll tax reaeipt accompaniesthe application. Yours very truly ATTORNSYGENU2ALOF TFXAS By /s/Ardell Williams ArdellWilliams Assistant AW:EP:egw APPROVEDMAY 5, 1944 /s,(Geo.P. Rlacklxrn (Aoting) AlTORREYGEW%ALOFTMhS