Your'request for an opinion from this department with respect"'to the above subject matter has been received, the re- quest being as follows:

"As It seems that~Dallas County does not have sufficient voting machlnes to be used in &ill voting precincts of the County, I would like an opinion from your department advising me whether or not the voting machines can be used in the City of Dallas proper and the old Austral- ian ballot system used in the County precincts in Primaries or other elections."

By statute (Article 2997a Ver. Tex. Stat.) the use of voting machines has been authorized.

The Supreme Court has held that these statutes are constitutional, (wood v. State, 126 3. W. (2) 4).

There is nothing in the statutes, however, that makes It compulsory to use the voting machines, so that the non-voting machine method of old is yet lawful. Neither is there anjrthing In the statutes that would forbid the use of the voting machine in some of the precincts and the non-voting machine method iii the other precincts. The one method is iss legal as the other, and both being legal, there would be no valid objectFon to the use bf~~both methods in“the one election; neither ao we find any duna reason why this dual method shauldXot be emplog;ed at any elec- tion. Therefore, your inquiry is answered 'jyes o *2 Mr. Chas. A. Tosch,~page 2 o-1675

Very truly yours ATTORNEYGENERALOF TEXAS By s/Ode Speer Obie 3p6er Assistant OS :MR:wc

APPROVBD NOV 17, 1939

s/Gerald C. Mann

A!tTGRNEYGlWERALOF!l'EXA3

Approved Opinioii Committee By s/EWE fhairman