Texas Attorney General Opinion: O-4634 Page: 2 of 3
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4,."1. 135
s.aoabe Temple Shl, AStn s Wooder hase, Page
Ves pesros shall be elt4ble to atr State,
ooaty, preotset or malelpal office Io this
1State slesl he shall be eligible to hold office
unter the Coatitatl a of this State, na unless
i he shall havre rsL*d La th is State for the per*
Slat of swelve mnths r d str moths ,i he county
vpreaise, or aunoieality, La Wuh he ofaersa.
hie if as a candidate, next Pre"tin " a sr-
ral or speeal election, o shall have beenar
a actoal bon te t ideett oft srai ' enaty, p re
eanot, or mmaelipalty or aore Stba sas months.
ie pesao eelatible to ho a tie shatl ever
have his name plast upon th ballet at any son.
i aal or special eletietas or at a n p)rimr
eloeti wbhre eeandlates are sosleatedrunder
prlmars election ealaws of tl SttOi ad no eush
rneLible eanddate sha8ll ever be .,et apon,
nor hae votes scooued for i, at eany sah gen-
Soral, poeolal, or primary eleetlon."
Relativre to jr first question this deasrtaentannot
be con edre with passing pon mtters laro;lving question
o fa et, The question of onts reSdtSeaw in this State is
dtite 1y one ot latent ion ans of faot.
it has bee unifoely held by the ourt of this
Stat thnt residence is determine laresly a8 question of
intantios whiobh ma be made to appear by athe fats and
rstaeu stnees of the ease.
in Texas ;ursprueaene, Voluse 1, page 48, it 1s
mindedd it has bee said that the Lntention
of the Individual often had a sstrog, t not a
par aouat, influs os La doterining resteane.*
Roae of the taot set forth In your letter would
S within themselves be seatrolling, Thq ae ht, kowver, be
*onslderd in deterlaiag the indiiLvdual intent i the matter.
She esta that the wife of the candidate might live outside of
the eounay where be its seeking eleo@a would not within ASt-
self eohctrol the question, In the recent ease of Bahwell v.
*orrIs, 145 5. W. sa) 809, It was sell In this nrsaftI ha s never been the law in teas that
the residesee of the husband t is dawn to that of
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4634, text, June 23, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261885/m1/2/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.