carrington rash argued january decided march petitioner member armed services moved texas concededly domiciled intends make permanent home refused right vote provision texas constitution permitting serviceman vote county resided time entry service held state impose reasonable residence requirements voting equal protection clause deny ballot bona fide resident merely member armed services pp reversed wayne windle argued cause petitioner briefs peticolas hawthorne phillips first assistant attorney general texas mary wall assistant attorney general argued cause respondents brief waggoner carr attorney general texas justice stewart delivered opinion provision texas constitution prohibits ny member armed forces moves home texas course military duty ever voting election state long member armed forces question presented whether provision construed texas present case deprives petitioner right secured equal protection clause fourteenth amendment texas decided refused issue writ mandamus ordering petitioner local election officials permit vote two justices dissenting granted certiorari petitioner sergeant army entered service alabama age state concedes domiciled texas since intends make home permanently purchased house el paso lives wife two children also proprietor small business petitioner post military duty texas white sands new mexico regularly commutes home el paso army job white sands pays property taxes texas automobile registered uniform state concedes petitioner eligible vote el paso county texas texas unquestioned power impose reasonable residence restrictions availability ballot pope williams doubt either historic function establish nondiscriminatory basis accordance constitution qualifications exercise franchise indeed long held broad powers determine conditions right suffrage may exercised lassiter northampton election compare classic ex parte yarbrough words privilege vote state within jurisdiction state exercised state may direct upon terms may seem proper provided course discrimination made individuals violation federal constitution pope williams supra texas constitutional provision however unique texas said serviceman may ever acquire voting residence state long remains service true state treated members military equal hand mere classification often said deprive group equal protection williamson lee optical fact state dealing distinct class treats members class equally end judicial inquiry courts must reach determine question whether classifications drawn statute reasonable light purpose mclaughlin florida argued absolute denial vote servicemen like petitioner fulfills two purposes first state says legitimate interest immunizing elections concentrated balloting military personnel whose collective voice may overwhelm small local civilian community secondly state says valid interest protecting franchise infiltration transients reasonably assume servicemen fall within constitutional exclusion within state short period time theory underlying state first contention texas constitutional provision necessary prevent danger takeover civilian community resulting concentrated voting large numbers military personnel bases placed near texas towns cities base commander texas suggests opposes local police administration teaching policies local schools might influence men vote conformity predilections local bond issues may fail property taxes stagnate low levels military personnel unwilling invest future area stress theme reiterated texas right require military personnel enrolled vote bona fide residents community fact residents intention making texas home indefinitely qualified residents right equal opportunity political representation cf gray sanders fencing franchise sector population way may vote constitutionally impermissible exercise rights vital maintenance democratic institutions schneider state constitutionally obliterated fear political views particular group bona fide residents yet texas claims done state second argument voting ban justified transient nature service armed forces texas stated persons military service subject times reassignment hence change actual residence elect reasons permanent residents texas constitution provides citizen become qualified elector resided state one year next preceding election last six months within district county person offers vote article vi texas constitution integrity qualification residence texas contends protected voting ban members armed forces military personnel involved texas unwilling develop precise tests determine bona fides individual claiming actually made home state long enough vote state law reports disclose many cases local election officials determined issue bona fide residence officials courts reviewing actions required freely exercised intention remaining within state harrison chesshir declarations voters concerning intent reside state particular county often conclusive election officials may look actual facts circumstances stratton hall statute texas deals particular categories citizens like soldiers present specialized problems determining residence students colleges universities texas patients hospitals institutions within state civilian employees government may transient military personnel given least opportunity show election officials bona fide residents indeed texas able areas winnow successfully ranks military whose residence state bona fide divorce cases example residence requirement jurisdictional purposes like requirement vote one year state six months forum county texas courts held merely stationed within state may insufficient show residence even though statutory period fulfilled even declared intention establish residence may enough however fact one soldier sailor deprive right change residence domicile acquire new one robinson robinson deal matters close core constitutional system right choose classic zealous protect means least may casually deprive class individuals vote remote administrative benefit state oyama california forbidding soldier ever controvert presumption nonresidence texas constitution imposes invidious discrimination violation fourteenth amendment indication constitution occupation affords permissible basis distinguishing qualified voters within state gray sanders recognize special problems may involved determining whether servicemen actually acquired new domicile state franchise purposes emphasize texas free take reasonable adequate steps see applicants vote actually fulfill requirements bona fide residence constitutional provision goes beyond rules presumption created definitely conclusive incapable overcome proof positive character heiner donnan servicemen residents texas induction come within provision sweep one ever vote texas matter long texas may true home uniform country must badge disfranchisement man woman wears reversed footnotes purpose amendment constitution prevent person entering military service resident citizen county texas acquiring different voting residence texas period military service prevent person entering military service resident citizen another state acquiring voting residence texas period military service emphasis supplied many rules prescribe special tests qualifying military personnel vote none goes far completely foreclose franchise servicemen nonresidents induction one state nevada provision face seems prohibitory art vi texas constitution nevada constitution provides right suffrage shall enjoyed persons otherwise entitled may military naval service provided votes cast shall made apply county township said voters bona fide residents time entry service nev art emphasis supplied attorney general nevada recently interpreted provision mean servicemen petitioner establish voting residence state show intent remain clear unequivocal evidence op atty federal voting assistance act stat department defense collects distributes military personnel analysis state voter qualifications applied servicemen report voting purposes legal residence members armed forces generally state entered military service home state remains state person armed forces legal right vote unless certain conditions met almost except texas permit persons armed forces acquire new voting residence within jurisdiction accomplished voting rights old state residence lost voting information department defense constitutional statutory provisions treat military specially absolutely prohibit opportunity prove residence georgia constitution example provides member armed forces shall acquire rights elector reason stationed duty state georgia see indiana art oregon art ii alabama code tit distinguish servicemen live base acquired homes community cf restatement conflict laws comment constitutional provision issue case seems designed rule prohibiting serviceman ever acquiring voting residence disqualification franchise prior art vi texas constitution included among classes persons allowed vote state soldiers marines seamen employed service army navy clause eliminated according annotator notes confer privilege vote upon members regular establishment armed forces vernon texas civ stat constitutional amendment involved case added section establishes residence qualifications voters vernon tex civ stat election code art see note supra message governor ellis arnall general assembly georgia january justice harlan dissenting anyone familiar provisions fourteenth amendment history amendment decisions constitutional area gather today opinion established constitutional tenet state laws governing qualifications voters subject limitations equal protection clause yet dispassionate survey past reveal present decision first hold making holding totally ignores last term reapportionment cases reynolds sims companion cases history fourteenth amendment course judicial decisions together plainly show equal protection clause intended touch state electoral matters see dissenting opinion reynolds sims history prove think least entitled told express surprise today decision reapportionment cases though bound follow continue believe constitutionally indefensible respectfully earnestly record protest extension federal judicial power political affairs reapportionment cases require extension concerned methods constituting state legislatures case involves state voter qualifications quite right even citing deplore added impetus decision gives current tendency judging constitutional questions basis abstract justice unleashed limiting principles go constitutional system constitutionally principled adjudication high process due recognition demands federalism leaves ample room protection individual rights constitutional democracy order cope seeming needs moment willing temporize basic distribution limitation governmental powers sooner later find trouble reasons set forth length dissent reynolds dismiss complaint case failure state claim federal right ii also think decision wrong even premise free extend equal protection clause reach voter qualifications question simply whether differentiation voting eligibility requirements texas made founded rational classification judging question think dictates history even though seen fit disregard purpose determining whether get matter cause take hard look striking traditional state policy area rationally indefensible essentially texas statute establishes rule servicemen stationed texas bases treated transients voting purposes one disputes vast majority cases texas view things accords fact although doubtless true rule may operate instances contrary actual facts think federal constitution prevents state ignoring possibility overall picture opinion texas rationally conclude instances likely minimal justify administrative expenditure involved coping special problems ante entailed winnowing bona fide permanent residents among transient servicemen living base sending children local schools beyond think legitimate distinction may drawn come voluntarily texas connection private occupations ordered texas military authority residences established latter subject doubt present degree former military compulsion ends also may desire remain texas finally think texas given traditional american notion control military always kept civilian hands emphasized case texas special historical experience rationally decide protect state local politics influences military voting strength effect postponing privilege voting otherwise attaching domicile serviceman becomes civilian limiting texan servicemen voting counties original domicile policy texas part may seem many unduly provincial light modern conditions view said unconstitutional thus whether subject matter jurisdiction case judgment texas disturbed none cases rely lends support decision pope williams upheld maryland statute required voters registered state least year said right vote privilege springing citizenship may refused account race color previous condition servitude follow mere citizenship words privilege vote state within jurisdiction state exercised state may direct upon terms may seem proper provided course discrimination made individuals violation federal constitution obviously referring fifteenth fourteenth amendment question whether conditions prescribed state might regarded others reasonable unreasonable federal one lassiter northampton election upheld literacy test applied north carolina attack made face noted course literacy test fair face may employed perpetuate discrimination fifteenth amendment designed uproot emphasis added gray sanders struck georgia system counting votes party primary election nomination senator deal voter qualifications classic dealt stuffing ballot boxes ex parte yarbrough intimidation negroes attempting vote neither dealt voter qualifications none federal cases cited concerned way voting election law republic texas provided regular enlisted soldiers volunteers war shall eligible vote civil officers laws republic texas gammel laws texas provision doubt inspired mutinous conduct nonresident volunteers recruited battle san jacinto defied provisional government one occasion july sent officer arrest president david burnett cabinet bring trial army continued rebellious conduct sam houston became first president constitution may houston able dissolve army eliminate threat civil authority provision disfranchising soldiers regular army placed constitution state texas remained succeeding constitution modified exempt national guard reserve retired officers men mccall history texas election laws vernon ann tex civ pp similar provisions early constitutions included alabama const art iii arkansas const art iv indiana const art vi louisiana const art missouri const art iii south carolina const amended art virginia const art iii amendment texas constitution replaced present provision tex art vi quoted opinion ante