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Heretofore, only voters who were physically unable to mark their ballots because of some infirmity could get assistance at the polls. Articles 5.05 (15) and 8.13 Texas Election Code prohibited the rendering of aid to persons who could not mark their ballots because of a lack of education. The court had originally ruled these two sections of the Election Code unconstitutional, but had not granted an injunction, giving the Legislature an opportunity to pass some statutory guidelines. The court took judicial notice that the 62nd Legislature failed to pass such legislation; therefore, they ordered the Secretary of State, as chief election official, to make such guidelines in accordance with existing statutory guidelines used for physically disabled persons.

No assistance shall be given a voter in preparing his ballot except when a voter is unable to prepare the same himself because of his inability to read the English language or because of some bodily infirmity, such as renders him physically unable to write or to see. If the voter desires, he may select any qualified voter of the same precinct to assist him, in which event no other person, other than a watcher is allowed to be present while the ballot is being prepared. If the voter does not make his own selection of someone to assist him, two of the election officers must be present while one of them renders the necessary assistance. In a general election, the two officers should be of different political parties if there are such officers serving at the election. Watchers may also be present while the ballot is being prepared.

Before any person renders assistance, whether an election officer or someone selected by the voter, he must take the following oath: "I solemnly swear that I will not suggest. by word sign or gesture, how the voter shall vote; I will confine my assistance to answering the questions, to stating the propositions to be voted upon and to naming candidates and the political parties to which they belong; and I will prepare his ballot as the voter himself shall direct."

Please note that rendition of illegal assistance invalidates the ballot and is also a criminal offense. These guidelines are in full force and effect immediately. Any election in any political subdivision of this state must provide assistance to illiterate voters in compliance with the court orders using the guidelines set out above. Each county chairman and each county clerk is requested to make copies of these guidelines available to all election judges and clerks.

MEMORANDUM

STATE OF TEXAS,

OFFICE OF THE SECRETARY OF STATE,
Austin, Tex., April 4, 1974.

To: County clerks, county sheriffs, and city managers (notify city police).
From: Mark W. White, Jr., Secretary of State.
Re: Registration and absentee voting of persons incarcerated for crimes less
than felonies, and/or pending final conviction of a felony.

This Directive is promulgated in accordance with the authority vested in the Secretary of State by Subdivision 1, Article 1.03 of the Texas Election Code to "obtain and maintain uniformity in the application, operation and interpretation of the election laws."

Pursuant to a recent United States Supreme Court decision, O'Brien v. Skinner, January 16, 1974, certain incarcerated persons are permitted to register and vote if confined in a county jail. The incarcerated persons referred to include: (1) persons lawfully detained in a city or county jail by law enforcement authorities; (2) persons convicted for misdemeanor crimes; and (3) persons confined pending final conviction for a felony offense.

In a recent opinion by the Texas Attorney General (H-267, April 2, 1974), those provisions of Article 5.05, Texas Election Code, which operate to prevent otherwise qualified voters confined in the county jail of the county of their residence from voting by absentee procedures were deemed unconstitutional, citing as authority the O'Brien case.

In order to maintain uniformity in the application and operation of state laws relevant to voting, absentee voting procedures shall be modified and made consistent so as to extend to persons incarcerated within the county of their residence the same voting opportunities available to those incarcerated outside the county of their residence.

To this end, the provisions of Article 5.05, subdivision 1. Texas Election Code, shall be applied in such manner as to permit any qualified voter in a jail in

the county of his residence to vote absentee in the same manner as a resident who expects to be absent from the county both on election day and during the clerk's regular office hours for the entire period of absentee voting, any provisions to the contrary notwithstanding.

Therefore, as a necessary modification to Article 5.05 (1) (i-iii), the jailed qualified voter shall state in his application the address of the jail in which he is incarcerated, and his ballot shall be mailed to him even though such address is in the county of his residence. The ballot shall be counted even though the envelope in which the application is received and the carrier envelope in which the ballot is returned to the clerk are each postmarked from a point inside the county and the affidavit on the carrier envelope is certified by an officer of the county of the voter's residence.

We ask your assistance in disseminating the information contained herein and to prescribe and formulate reasonable methods, not inconsistent with this Directive, to allow those persons incarcerated in their counties of residence the right to vote absentee.

If this office may be of further assistance in this matter, please do not hesitate to contact me.

Sincerely yours,

MARK W. WHITE, Jr.,
Secretary of State.

MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND,
San Antonio, Tex., March 5, 1974.

Hon. MARK WHITE
Secretary of State
Capital Station, Austin, Tex.

DEAR SECRETARY OF STATE WHITE: Toward the end of February, our office was contacted by some Mexican-Americans living in Carrizo Springs, Texas, who wished to run for the City Council of the City of Carrizo Springs. They had been denied the right to file for election based upon Article 2, Section 13, of the Carrizo Springs City Charter, a copy of which I attach to this letter. As you can see, it makes real property ownership a precondition for filing.

In this case, we were able to contact the city attorney and forward to him copies of the decisions in Puente v. the City Council of Crystal City, Civil Action No. DR-70-CA-4 (W.D. Tex. April 3, 1970) (Unreported), Kramer v. Union Free School, 395 U.S. 621 (1969); Cipriano v. City of Huma, 398 U.S. 701 (1969) and Turner v. Fouche, 396 U.S. 346 (1970). Based upon these cases, he advised the city clerk that the property ownership requirements in Carrizo Springs were unconstitutional and our clients were allowed to file for election.

It is our understanding that there continue to be other political subdivisions within the State of Texas which enforce similar real property ownership requirements for candidacy. Would it be possible for your office to prepare and circulate an advisory opinion indicating that these property ownership requirements are indeed unconstitutional and that they should no longer be enforced. This would alleviate the necessity of dealing with each one of these municipal subdivisions on an individual basis and certainly would put an end to this type of disenfranchisement in Texas.

May I hear from you at your first convenience.
Thank you for your cooperation and consideration.
Very truly yours,

MARIO OBLEDO.

STATE OF TEXAS,
OFFICE OF THE SECRETARY OF STATE,
Austin, Tex., July 19, 1974.

Hon. EZEKIEL MARLOWE,
City Manager,

Municipal Building, Carrizo Springs, Tex.

DEAR SIR: This will document our conversation of July 18, 1974. Pursuant to that conversation we discussed the fact that in the past election Section 13 of Article 2 of your city charter was brought to the attention of this office. In light of a recent decision of the Supreme Court of the United States (Turner v. Fouche, 396 U.S., 346, 1970), it is the opinion of this office that part of Article 13 which requires that Councilmen own real estate is unconstitutional. Pursuant to the

foregoing, citizens who do not own property are not to be deprived of the right to hold local office.

Also, this office would like to call to your attention Article 1.05-1 of the Texas Election Code. That Article makes it clear that one year of residency is the maximum that can be required for one to be eligible to run for a municipal office. This negates the provision for two year residency of Article 2, Section 13 of your city charter.

This office would also like you to be cognizant of the fact that Article 2, Section 13 of the Carrizo Springs City Charter is in direct conflict with the court's ruling in the case of Puente v. Crystal City.

If we may be of further assistance in this matter, please advise.
Sincerely yours,

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DEAR MR. WHITE: I recently had occasion to deal with Mr. Leroy Beck, Jr. of your Elections Division. He has been most cooperative, and I consider his attitude an asset to your office.

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From: Mark W. White, Jr., Secretary of State. Re Toll free incoming WATS line for election officials from September 30, 1974 to November 8, 1974.

I am pleased to inform you that two toll free telephone lines will be installed in this office to handle incoming calls from election officials during the general election of 1974. These lines will be available from September 30th through November 8th, and I encourage your use of them for election purposes. These lines will be answered by Elections Division employees of this office weekdays between 8:00 A.M. and 5:00 P.M. and until after the polls close on November 5th. The toll free numbers are: 800 292-9602; 800 292–9603.

In addition to the toll free numbers, the Elections Division of the Secretary of State's Office may be reached at 512 475-3091 or 512 475-2015.

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36.07.

36.08.

36.09. 36.10.

Tampering with Witness.

Retaliation

Compensation for Past Official Behavior.

Gift to Public Servant by Person Subject to His Jurisdiction.
Offering Gift to Public Servant.

Defenses.

Section 36.01. Definitions

In this chapter:

(1) "Coercion" means a threat, however communicated:

(A) to commit any offense;

(B) to inflict bodily injury on the person threatened or another;
(C) to accuse any person of any offense;

(D) to expose any person to hatred, contempt, or ridicule;

(E) to harm the credit or business repute of any person; or

(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

(2) "Custody" means:

(A) detained or under arrest by a peace officer; or

(B) under restraint by a public servant pursuant to an order of a court.

(3) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath.

(4) "Party official" means a person who holds any position or office in a political party, whether by election, appointment, or employment.

(5) "Vote" means to cast a ballot in an election regulated by law.

§ 36.02. Bribery

(a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant, party, official, or voter:

(1) with intent to influence the public servant or party official in a specific exercise of his official powers or a specific performance of his official duties; or (2) with intent to influence the voter not to vote or to vote in a particular

manner.

(b) A public servant or party official commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will be influenced in a specific exercise of his official powers or a specific performance of his official duties.

(c) A voter commits an offense if he knowingly accepts or agrees to accept any benefit on the representation or understanding that he will not vote or will vote in a particular manner.

(d) An offense under this section is a felony of the third degree unless committed under Subsection (b) of this section, in which event it is a felony of the second degree.

§ 36.03

Coercion of Public Servant or Voter

(a) A person commits an offense if by means of coercion he:

(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty; or

(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.

(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.

$36.04. Improper Influence

(a) A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.

(b) For purposes of this section, "adjudicatory proceeding" means any proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined. (c) An offense under this section is a Class A misdemeanor.

$36.05. Tampering with Witness

(a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding or coerces a witness or prospective witness in an official proceeding:

(1) to testify falsely;

(2) to withhold any testimony, information, document, or thing;

(3) to elude legal process summoning him to testify or supply evidence; or

(4) to absent himself from an official proceeding to which he has been legally summoned.

(b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a) of this section.

(c) An offense under this section is a felony of the third degree.

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(a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service of another as a public servant, witness, or informant.

(b) For purposes of this section, "informant" means a person who has communicated information to the government in connection with any governmental fuction.

(c) An offense under this section is a felony of the third degree.

§ 36.07. Compensation for Past Official Behavior

(a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer any benefit on a public servant for the public servant's having exercised his official powers or performed his official duties in favor of the actor or another.

(b) A public servant commits an offense if he intentionally or knowingly solicits, accepts, or agrees to accept any benefit for having exercised his official powers or performed his official duties in favor of another.

(c) An offense under this section in a Class A misdemeanor.

$ 36.08.

Gift to Public Servant by Person Subject to His Jurisdiction

(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency. (b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be in his custody or the custody of his agency.

(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.

(d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to became interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.

(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal's decision, commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the public servant or tribunal.

(f) A public servant who is a member of or employed by the legislature or by an agency of the legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in any matter pending before or contemplated by the legislature or an agency of the legislature.

(g) An offense under this section is a Class A misdemeanor.

$36.09. Offering Gift to Public Servant

(a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting.

(b) An offense under this section is a Class A misdemeanor.

$ 36.10. Defenses

(a) It is a defense to prosecution under Section 36.07 (Compensation for Past Official Behavior), 36.08 (Gift to Public Servant), or 36.09 (Offering Gift to Public Servant) of this code that the benefit involved was:

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