Case Information
*1 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 (I statement 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 *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 to tote, or has l uoh paper or
has beoa requsatad
markrd ballot In his possession, and he shall not
be furnlahed with an O??iOlal ballot until he has to the judga aueh narked ptrper or bellot,
deJ.irarred
if he has one. Any person uho elves, receives or
l eoure8 o r is interested aa o??iolrl ia giving or raoririag or any paper vrhatarer, on *ioh
ballot is mrked, prlntad or written the ncma o? any per- for whom he has agreed to vote, or ror whom
eon
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 is apparent under the stats or raata you submit. St 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 tutiin o? Texas, irrtlols 1, r
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 l hhll ever be passed ourtsi P ing the
liberty or rpeeoh or or the prear* . , .” the above aatlsiaotorlly aasnerr your ln-
Trusting qulry, wa are very truly
Tours Aenistant t%!!
Bwmp
0 l : g g g 1