By BUCK HARVEY Justice Approves Student Balloting In College Towns Texan Staff W riter SH ER M A N -U.S. Dist. Judge William Wayne Justice of T yler ruled Monday it is unconstitutional to prevent Students from voting in their respective college towns. The decision voids the Texas Election Code. Article 5.08 (k), w'hich states that a student must give intentions of indefinite residence after graduation to be an eligible voter in the city where he attends school. The court proceedings evolved

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... a suit by two students, who testified they were refused the right to vote in Denton in the spring primaries. A spokesman for the judge said a deposition from Secretary of State Bob Bullock, submitted in a court session last Monday, was a major factor In Ju stices decision. Bullock said the '-special interest" ("the student voting clause) Texas law does not represent the true electoral process. He termed it just an attempt to keep students from voting. University Student Government President Dick Benson was a plaintiff in last Monday's hearing, hoping to forestall a challenge to Austin's student vote. " I did that as a precaution, to see what w-ould hapjien ' he said. " But this ruling is what I was really interested in. "I am really pleased that the statute was struck down. This should open the door for full student participation and complete student effort. After I heard the session last Monday, I was very confident that it would be attuf k down," he added. Benson's fears of Austin opposition to I niversity student vote were first stirred by a Ju ly 7 meeting of 250 Austin civic leaders. The speakers. Mayor % Butler and former Gov. Allan Shivers, warned of a "student takeover" during Die 1973 City Council election. Students' Attorney Frank Ivey, who attended the proceedings with Benson, was not surprised with the judge's ruling. "it was my theory all along that it was unconstitutional and would be adjusted." he said. "I was pleaser! with the decision, hut I didn't think there was much doubt about the outcome." But Travis County Tax A u vor Collector F r i a Robinson had the most to cheer ai'-ut. Has job was made simpler. "This reregistering and reregistering was about to drr e me wild. I'm glad that the ruling was the way it was, or I don't know what I would have done. Leave town or something." T h e Da il y T e x a n