Texas Attorney General Opinion: O-5993 Page: 1 of 3
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TuE ArroxE'Y GENERAL
GR OVR SELLERS AuTrn 11. TxAs
I-ra cunA -
Honorable Sidney Latham
Secretary of State
Dear Sirs Opinion No. 0-5993
Res Absentee voting of members of
the armed forces of the United
Your letter of April. 27, 1944, requesting the opinion of this
department on the questions stated therein is as follows
"Under Publio law 277, Seventy-Eighth Congress, free posta-ge via air
mail is provided for absentee ballots cast by servicemen event hough
cast under State la i
"The War Ballot Commission, created by such act, has recommended a
certain type of envelope for use by the States in order to facilitate
the identification and handling of absentee ballots in the mail. A
specimen of the recommended envelopes is enclosed, herewith Article
2958, VACS, prescribes the form of envelopes to be used for absentee
ballots cast under State Law, and also makes the requirement for the
enclosure of the poll tax receipt, or affidavit of its loss, together
with 15 cents to cover stage.
"In the light of the above facts, will you please advise this Depart-
ment upon the following inquiries
"I* Should the enclosure of 15 ents postage be required. by County
Clerks of Servioeme since free air mail postage is provided
for under Federal law?
"2. Are the County Clerks of Texas authorized to adopt the form of
envelope bearing the same of similar identification marks shown
on the specimen, assuming the envelope otherwise complies with
the requirements of Article 2956?
"3. Will one application for an absentee ballot suffice for more
than one election, provided the Serviceman specifies in the ap-
pliSoation that he desires a ballot for both the first and seo-
ond primary or for both primaries, and the general election?
"4. Can a County Clerk furnish an absentee ballot to a Serviceman
where the poll tax receipt is not enclosed with the application,
tbut is presented to the Clerk by the wife or authorized agent
of the Serviceman?"#
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5993, text, 1944; (https://texashistory.unt.edu/ark:/67531/metapth263271/m1/1/: accessed April 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.