Texas Attorney General Opinion: WW-157 Page: 3 of 4
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Hon. W. W. Kilgore, page 3 (WW-157)
Therefore, we hold that an airman stationed at an
air base located in Victoria County who receives a bona fide
discharge and who completely severs his active duty relation
with the Air Force and subsequently re-enlists with some
period of time intervening between discharge and re-enlistment
is qualified to establish a residence in Victoria County for
voting purposes if the discharge and re-enlistment are not
mere legal fictions so as to constitute the subsequent period
of service a continuation of the prior period of service.
You have also asked when the statutory requirement
of one year's residence in the State and six months' residence
in the county in which one desires to vote would begin to run.
Section 2, Article VI, does not in anywise prohibit the estab-
lishment of a residence by a service man during the period of
his tenure of service, but merely states that he will vote in
the county in which he was a resident at the time of his entry
into service, so long as he shall remain in service. Accord-
ingly, an airman may establish residence in Victoria County
during his tenure of service, but may not actually vote in Vic-
toria County until after his discharge and separation in the
manner described above. If, as set out above, he is authorized
to vote in Victoria County subsequent to his discharge, then
the statutory period of time set forth in Article 5.02 of the
Election Code will begin to run from the date he actually es-
tablished residence, regardless of whether that date was during
the prior period of service or subsequent thereto, so long as
residence was established prior to the time of the subsequent
enlistment.
SUMMARY
A non-resident of Victoria County who has been
stationed in Victoria County in connection with mili-
tary service and who subsequently establishes resi-
dence therein and is thereafter dIscharged and re-
enlists is eligible to vote in Victoria County during
his subsequent period of service, only in the event
that the discharge and re-enlistment were no$ contin-
uous. In such event the statutory residence require-
ment begins to run from the period of time of the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-157, text, July 8, 1957; (https://texashistory.unt.edu/ark:/67531/metapth266768/m1/3/: accessed May 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.