No. V-0078 (1947).

Case DateMarch 06, 1947
CourtTexas
Texas Attorney General Opinions 1947. No. V-0078 (1947). 1March 6, 1947Hon. W. R. Cousins, Jr.Chairman, Privileges andElections CommitteeState SenateAustin, TexasOpinion No. V-78Re: Constitutionality of S. B. No. 67, 50th Leg., amending the election laws.Dear Sir:You request an opinion from this department on the above-titled subject matter, your letter being as follows:
"I have been directed by the Committee on Privileges and Elections to submit Senate Bill No. 67 to you for an opinion on its constitutionality. We are particularly interested in this bill as to the directions contained in the Constitution, Article 6, Section 4, which requires the legislators to provide for the numbering of ballots to detect and prevent fraud. We further would like to know whether in your opinion under the Constitutional Mandate it is necessary that a ballot be identifiable if illegally cast, in the event of a contest of the election or upon proof of an irregularity in connection therewith."
Senate Bill No. 67 accompanies your request. We have carefully studied the bill, including, of course, the title, and we find no constitutional vice therein. We shall discuss, however, the particular features mentioned in your letter. According to the title and the emergency clause, the purpose of the bill is to provide "a more secret ballot in all elections in Texas". The principal change contemplated by this bill is the provision for the numbering of ballots on a perforated coupon which shall be torn or detached from the remainder of the ballot and placed in a box separate from the box in which the remainder of the ballot is deposited.2The bill retains the provision for the election judge to sign his name on the back of the ballot and to place the number on the detachable slip by the name of the voter on the voting list at the time that the ballot is delivered to the voter. It further provides that the election officials shall compare the number on the detachable slip with the number on the voting list at the time the ballot is returned by the voter and in his presence to be certain that it is the same ballot which was delivered to the voter. Then, under the provisions of this bill the detachable slip is to be torn off and deposited in a separate box and the remainder of the ballot deposited in a box prepared for the marked portions of all ballots cast...

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