OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Roland isoyd
County Attornry
Collln county
ldcEinnoy , Tsraa
Dear ;ilrr
Proa your ltttbr
the following I
e Cellna fnde-
thuir annual
not a candidate
unning walnut thrsc
for ra-election.
Ire to those three
at be ranted to be
day before the man who
Star (Istatement hrs made that
apt was a rlolatlon of the law,
ad received the ~bsne destroyed it.
'ilots article
242 of the
Fens1 Code apply to t&i8 aet 0r Sects
or was it
only intended to cover t.aklnC suoh a paper to
the polls9' . . ."
lartlcle 242, Penal Code readr a8 tollowm:
“~n;r judgo map rec,uire a citlaen to anmcr
under oath berore he secures an official ballot
2
c
Honorable Roland Boy&, Fege 8
whethar he has been turniahad with any paper or
ballot on whioh la marked the r&mea o? say one
for whom ho has agrord to vote, or ?or whom he
has beoa requsatad to tote, or has luoh paper or
markrd ballot In his possession, and he shall not
be furnlahed with an O??iOlal ballot until he has
deJ.irarred to the judga aueh narked ptrper or bellot,
if he has one. Any person uho elves, receives or
leo ur e8 o r is interested ia g iving or raoririag
aa o??iolrl ballot or any paper vrhatarer, on *ioh
is mrked, prlntad or written the ncma o? any per-
eon for whom he has agreed to vote, or ror whom
he has beon rcpueated to vote, or has auoh paper
marked, mitta& or prlntsd in 01s posaes~lon QS
a guide by @ioh he could mike out his tlokat,
ahrll be tlaed not leas than one hundred aor Icore
than Site hundred dollars, and be confined in Jail
thirty dep. Sea. 70, p. 636, Acta 1905.w
We t&ink it obtioua that the above statute use not
rlolated under the stats or raata you submit. St is apparent
to u8 that the reatrlotlon imp~a~~yea only to the use oi
dummy ballots or paperr et the Any other conatructlon
would be riolatite o? the Const r tutiin o? Texas, irrtlols 1,
Ssotloa 8, reading In port a8 follows8
“Brery person 8hall ba at liberty to speak;
wrIta or publish his opinions on any subject, be-
Lag reapoasible for the abuaa o? that riYllege~
aad no law lhhll ever be passed ourtsi Ping the
liberty or rpeeoh or or the prear* . , .”
Trusting the above aatlsiaotorlly aasnerr your ln-
qulry, wa are
Tours very truly
Aenistant
Bwmp
t%!!
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