'Oil. T 

3o,t~&ke;~avis county 

hstin, Texas 

3ear Sir: opinion IJO. O-7034 

,Re: Y%ether a veteran who quell 

under &tiole 6, ?eotlon 2a 

the Texas Constitution is r 

qulred to obtain a oertiiio 

of exemption before he can 

and related questions. 

a !?ember of the armed for United States 

or of.;the Armed .Foroe Res e United States, 

or or”any branch QF oompo or suoh arned 

rorces or Armed Force Re 

cr ;&thin one year eftcr the cl.one of t.LIe c: FenBar 

par ir ?:kiC!? Seid lJSr iS terr~lnoted. Ii 

*woviAea, bowever, th.Bt the fore,&nr: povision3 of thiz section do ;iot confer the ri.~~ht to 
:-:!I. :‘crrg J.. Zones -, race 2 

vote u?on any yrson ?~ho is a ncnber of the rep,U%T 

~!r,tablj,nkr.ent o’f the rlnitod ‘Itotes army, :IaY.v, or 

:.:arine Corps; and provided further, that a.11 persons 

in the amed roroes ol the United 7tGtes, or the 

component brGnohes thereof not members of the regfi.e$ es?.abllshment of the 1?nited States Ar.my, Davy, 

or l.!arine Corps, ore hereby deolared not tom be 

disqualified drum voting by reason or any Drovision 

or sub-section lFifth’ or Section 1, of this’ 

ArtioleiW 

In view of the raot that this provision WIS adopted 

OS an amendment to the Constitution arter the last session of 

the Lef$slature, your request presents the problem of determi 

the efrcct of such amendment, ?hioh has become s psrt of the 

funndomentel lau of this State, upon prior constitutional end 

stetutory ‘provislons governing the quallrioations of voters 

?na the conduct ..cb : elections. -The Texas ~Zegisleture has not 

been in session sinoe the efreotive date oi this .amendx+t, 

end therefore no new law has been enaoted and no old.strtute 

‘hs& been*amended~sinoe\:.that. ’ date. All .or the ~ooagtitutlonal 

ma stntutory provIsionS_ @ted endreierred:to herein were ir 

efreot prior to the adoption- txP the above .amendment; end are 

still in effect exoept insorer as they may hsve been repealed 

or r!odiiied b.v quoh~ amendment.: 

Question 1: @Does::%txole VI, .$&&Son i-a’,“oi 

rthe~Gonsti’tutio~,:~~ ,Texas exempt.; persona who 

kome:. 7n~~~~.~i~~~‘~~~~-~r.rorn .,lia~b%llty ,rar payment : of ‘a,, pdll.tax?W 

.:rtiole VIII, Yeotion 1, of the Constitution 0r 

Texas, euth@izes-the Legislature to impose a poll tax; and 

Article VII: Seotion 3, . ..provides. in part: 

“One-tourth of the revenue derived rrom the 

‘Xate oocupation taxes and ~011 tax’ of one dollar 

on every inhabitant of the %ate, between the ages 

of tlenty-one end sixty years, Ghall be set apart 

annuellq for the benefit of the public free schools; 

. . . . 

Article 7CI,6, 2959, and 2960, Vernon’s Annoteted F: 

Civil Statutes, impose Gn GnnUal poll tax and provide certai 

exemptions therefrom. 
‘:on. Ferry L. Zones - Page 3 

?here an amendment to the constitution predicates a 

conrliot, with existina lenislation. the inaonsiste 

yovi sionz 

bnt statutory 

i?. 7al:.ler - 

Sutherlanc 

2+x5. Fawever. we sea no inconsist& 

; are repealed by implication. Stats of ??hode Island 

253 U. ?. 350, 64 L. Id. 946, -40 C- Ct 486 (1915) 

its Statutorr Construotion. (36. ed:‘~p~orakl, 2eo. 

----~- -- a -.-my between the abovementl .oned oonstitutional and ststutorg provisiOnS imposine the 

3,011 tax and the oonstltutional amendment under OOnsideratlOn. 

Ike language used in the constitution&l amendment does not 

indicate an intention to repeal or amend such prior laws l.mTosin? the poll tax. ‘Pherefore, as previously held in our 

tiltion !To. o-6821. it Is our opinion that although the person? 

*&ed in the amenGent are not required, 88 a condition 6reoedc 

to their rip.t to vote, to pay a poll tax Qp to hold a reoeipt 

tterefor, yet the amendment does not exeunt them from the mr.ent o': the poll tax. 

m. 

::;‘a snswer ~your~ion~l in the -- 

Won does 

,&estiob~ 2: “Is the Tax: Colleotor authmized.. 

to issue a oertificate~af exemption to a'prson" 

who comas within the terms of Artiole.VI, section 2-a, or the ConstZtutkion of Texas, assuming 

that suoh person is not ,,gtherwise exempt. from. 

pay-rent ,of-e poll~,,tq?? ~. .’ .~ 

Althou& the‘ ooktitutional: provision : under. &nsider 

not mention oertifioates ofexempti'on; it. is olear 

rrom a reading of the statutes that a Person who is.not exempt 

rrom the nayment ot the poll tax is not entitled to a oertifi1V oate exem t on. 9 

?rom the payment of a poll tax, end who are theref'ore entitlei 

to a certifi0ete‘%b that effect, are required to obtain suoh s 

certiricnte.Y It would be foolish to say that s person who is 

not exemnt from payment of a poll tax must obtain a certiri: 

cate stutfng that he is exem& from such payment. 

Article 2968, Vernon’s Annotated P,evised Civil %atutes, provides, in pert: 

‘Tvery person who is exemeted by lav: from the 

5aynent of n 7011 tax, :na who is in other respects 

G quu 14 .I.- “ied vo t er, Iho resides in a city of ten 

thousand (10,000) inhabitants or more, s’:all, before 

the Pirrt <lay Or February or the year nhen, such voter 

shall ?.::~a becorce entitled to such exemption, obtain 

rror. the Tax COliect0r 0 f the county of his or her 
“l-33. Terry L. Jones - PEge k 

rezldenoe, a certificate showing his or her exemption 

-From the payment or a noli tax.” 

f\rtlcle 2968a, Vernon’s Annotated Revised Civil Stof 

!ltes, Rrovides that every person not subject to certafn dls- 

-ualiiicntions Who does not reside in a city of ten thousand 

inhabitants or more, “and who 1s exempt from the payment of a 

no11 tax by reason of the fact thet he or she has not yet 

Eeaohed *the age of twenty-one years on the first day of January preceding ,lts levy, or who Is exempt fra the. payment oi 

a no11 tax beoause he or she was not s resident of the State 

on zhe first day of January preoeding its ,levy, but who shall 

have since become eligl.ble~ to vote by reason of length of res 

denoe or 66e,* shall obtain a certificate of exemption from t 

?a-ymcnt or a poll tox, and that ‘+no such person vlho has iaile 

‘~ or refused to obtain such oertificate~ of exemption fror. the 

‘A naymcnt of, a poll tax. shallbe ellkved to .vo+.e-v 

Article 296Os, Vernon’s Annotated Revised Civil:-l%e 

ute’s,~ enaoted in. 19l+3,~:pn,ovides a,pertirioate of exemption rc 

honorably. discharged. veterati.. under~ certain.. o&Stlons; but 

that statute is inepplicablo beosuse it does not have efrect 

until varter the Vnited States of .1nerioa has ceased the pro: 

cution of the war and-hes: oonoludod a peace with all of her 

onemiesoo~only kncnin ss;the Axis Pc4wers.v In our Opinion, 

JTo. O-6828, we held that Wrld 315 II has-notyet ternindted 

_ end tilL~not.teminate~until, ,tke.Coqess of the TnLted,Stat~ 

or the Tresident, .by.arith~~tjr~r~on~~;o:ongress,,~tornallp proclairs that It is terminated. 

.,. : 

3 have round no~.other statutes authorizing the is 

0r certiilcetes of exemption. Sinoe, in our opinion, a. pers 

who ?,ualifids under the constitutional amendment under oonsideration 3s not by reason thcreoi exempt frcm payment of t 

‘poll tax, he Is therefore not entitled to a Certificate of 

exenption under the above statutes. Ye answer your questlol: 

ir. the negative. 

^?uestion 3: “Is a person who corms within 

the terns of Article ?I. section 2-a. of 

the Conctitution of Texas, 2nd VJho iS othor- 

:lise e qualified voter, qualified to vote 

even thoug-h- he has not Raid a poll tax snd 

has not obtained a ccrtificste of erenption?” 
'-on. Zorry L. Jones - Paw 5 

Article VI, Zection i, of the Constitution of TeXas, 

r.rovides: 

*The followi~ classes of !zrsons shall not be 

allowed to vote in this Ztat8, to-idit: 

First: Fersons under twenty-one (21) years of ege 

98OOJld: Idiots and lunatics 

Third: All paupers supported by any county 

Fourth: All parsons convioted of any felony, 

Subject to suoh 8XCeptions as the 

LaCislature may nu3ke 

Fifth: All soldiers, marines end seamen 8mRloyed 

in the oervioa of the Army or navy of 

th8 l?nited States . . . ." 

(The second garemaph ol the amendment under aonsid 

erstion limita-the vPifthv subdivision above to members of th 

"rd&or 8StabliShn8nt."). 

Article 2954, .Yernon*s hnnota,ted Revised Civil Stat 

*ltes,' conteins'substentially the Sam provisions as.the abow 

quotation. 

iTtic VI7 C?eOtiOn 2; of the Constitution or TeXar 

?+py :;,, 

_~ ,. 

. 

"%+++~On SUbjeot tb.~Oas:'oic.t~a:.,roreeoine disqualifications, who shall have.,etta3.ned 

the age of twenty-one years an6 who shall be.a..citizen 

oi the United States and :'rho shall have'resided in 

this Ctate one year next weoeding an election and 

the last six months-nithin the riistriot or county 

in vhiah such person offers to vote, shall be deemed 

a qua&led elector; . . . and Rrovided rurthar, 

that any voter who is subjeat to pay a poll tax 

under the 1aVaS of the Ctt;t8 Of T8XaS Shall have 

paid said taX befOr offering to vote at any election in this Ctate and hole a receipt ahoy&n5 that 

said poll tax was paid before the first cay of 

Pebrunry next precedinr such election. . . .R 

Article 2955, Vernon's Annotsted Revised Civil -tE 

utes ,.containa the aume qualificstiona required of an elect< 

33 those quoted Eibove, :dth the adCitiona1 provision that: 
?c!rr,c 7,. .?ones - :'aCe 

n 

. . .~! end, ii 

6 “, 

said voter is exem3t rrom 

r?ayinq a no11 tax ana resides in a city of ten 

thousand (10 OOOf inhabitants or more, he or 

must procure's oertificate showing his or her 

sne 

cxeenations, as required'hy this tit1 8. . .I' 

In Texas Fewer 8: Light CO. v. XroWnwood Public ?ervi 

z., 111 9. :.f. (2) 1225 (Austin Cl v . .ipp. 37) the last quot 

arovision of Artiole 2955 was upheld as ageinst'the contentior 

that, the J,e~isleture had no 'power to impose such atiditionalrt 

suirements. 

Article 2956, Vernon's Annotated Revised Civil 

utes, M&h provides r0r absentee voting, requires thet: 

":.. 5uch application shall be.accomponied 

by the p0ii dax receintor exemptioncertificate 0r 

the elects, or, in lieu there& ,.hI@~arri$pyit: in 

writi~ that sane-has been lost or,mIslaid‘....":' 

h&Cl8 3004, v8rliOll'S I&i@tat8d.keVis8d civil 

utes, provides, in part: 

*No citizen shall b8 permAtted to vote, unless 

he rirst presents to the jUdg8 0r eleotion his ~~011 

tax receipt or oertifioate of exemption issued to. 

.him berore'the-'.rirst day,.or February:oi:the y89r in 

whioh'he cbf8rS :tO:VOta, eXo8pt asotherwise~aermitted in this -title, unless,the same hasbeen IOSt 

ormislaid or left at hone, in which event he 

shall make'an affidavit of that fact, whioh shall 

be left with the judges an6 sent 

retUrnS&f the 818otiOn; . . W ." 

by them with the 

_~ 

. 

StatArticle 216, Vernon's Annotated renal Code of Texee 

provides: 

*Any judge of an eleCtiOn or primary who vJiliully 

permits a persons to vote, :those name does not appear on 

the list of oualified voters oi the precinct and who 

fails to present his poll tax receipt or certificate of 

exemption cm make efridavit or its loss or :*Isplacement* or inadvertently lCit ut home, except in Cases 

*vhere no CertifiCat8 of sxe:erntion or tax receint is 

reclliired Shail be fined not exoeeding five hundred 

dollars.:* 
.. -I 

..-. -'~rrp 5. Tones - ?aKe 7 

It is anparent that, prior to edoption of the oon- 

-;i%utional amendment Under consideration, the Iar,isleture, by 

:: G ?,c;~s of the above statutes, had required presentation of 

Atr+.er a poll tex receipt or s certiiicate 0r exemption as e 

-rsreauisite to the rip&t to vote, except in cases trhere no 

.kt,ii'icate of exemption or tax receipt is recuired. The stat 

ut35 reao@ze that in soma oases no oertiricate is required, 

:or example,'in the case ti a person over sixty years oi a&e 

~:%o 000s not reside in a city oi ten thousand inhebitants'~cx 

rmre. 

The constitutional enendment in question certainly 

-resents enother exception. Those who qualiiy thereunder er8 

not renuired to have a poll tax receipt; and, not beine exempi 

rrom the tax; they are not entitled to an exemption oertiiioaT *lere"me;the above auoted ,.statutes are not~applioabl8~to,suc 

lercos, _ 

Another reason-that tha%xes@i~~p6rtiiioet8 'statU 

?re net applicable is this: The poll tax is levied-as or Jan 

Ory 1 cb 8aCh yesr and is payable between Gotober 1 oi that y 

and February 1 of the succeedin& year; and payment prior to 

?ebruary 1 0r such suooeedinf: year is a prerequisite :to votin 

'-* +-d~ring~,that gear%(TPeb.. l..to. Feb. 1). In other words, a poll 

reoeipt or~exemption certiiicate for tlie'l f&tax, obtained 

~;~~ior~.to~~.98b..~l-.~l 46 Lentitles e' Qualiiie voterito,vote the 

m&' 

% 

after during 194. ut the constitutional~amentient under cc 

sideration imposes.an entirely different ~time limitation, toUitY that a person vaho at the tine of holding an election is 

or who within 18 months immediately prior to the time or hold 

suoh election was, a member of the armed roroes, etc., shell 

not be requ%$ d to peg a poll-tax or to hold a receipt ror a 

poll.tax as%eoondition nrecedent to his right to vote in sue 

election. ,- 

For example, a person otherwise qualiried who becomas a member of the armed forces on or after Feb. 1, 1946, 

vfould be qualiried to vote thereeiter during, 1946 vfithout 

paying a poll tax, but the tine linit for obtaininK his exec! 

certificate under the statute aould have eqired prior to 

' Peb. 1, 1946. On the other hand, if vfe should hole that a 

person who ~ualii'ies under the amendment ia entitled to and 

required to obtain an exemption certificate, it ifould seemtt 

folio% th?t e nenber OX? the brr&d forces discharged during 

*>@.l 1945 Would he entitled to obtain an exemption certiiicr 

nrior to l?eb. 1, 1946, even though the 18 months' period pre 
::or:. Fcrrp L. Zones - ?aaqe 8 

In *he ~nendment would expire prior to the eenel?al elaotion in 

:!ovember, 1946. The ennusl poll tax is levied on a certain da 

.:ud it nuat be paid by a certain date, or en exemption oercificate must be obtained by a certain date, in order for eith 

;;o serve as a qhslification for voting; and when proDerly obr.Azeed, the raoeipt or certificate serves as evidence o? the I 

to vote.during a certein year. It is apparent iron the above 

tl?at these statutes could not beapplied effeatively in their 

present form, to tiersons who qUSlify Under the oonstitutional 

zzewirent . 

Assunin&? that the Le&alstUre would now have the 

:g::er to set ur, a valid rwqirement thatpersons who qualify 

undoer fleoti'on 2e 0r the Constitution nust obtain a speoial c81 

ti~icate ana that no such person.will be“@ermitted~to vote 

f:nlers h8 Lweaent.8 such oertiiiCat8 (which~,gU~~tiOn~.ae~i8re ncr 

,:. 

'10.7 cellad upon to de&la), yet it is 018ar that the.~Lee.sislat~ 

+?s r?ade no~:such..reauirement. 5 Certslnly, a.parson who qualiies -w a voter under th Gonstitution is-not%0 be disfran- 

&iC:od and reiused the rze,t to vote nerelgbebause t,he,Legis 

Lcture h-as not provided 6% the isSuanOe'of~ a ceM.ficete 

s:w:ii.lf: his ~uelifioation. 

. - 

,- 3-18 hjUr't;S 0~&8xa-t&WJ~ thx%-&&uX tha.'~8a&&k,#Sr 

it-. conotrued~:,the statutory 'reguldtiofiti siid~tiha-the,,'rif~~t.;~.-a 

voter'f+reely.to c.Sst his‘vote‘in the :e~re~sion:~6~;:~-s,r~ee 

choice at 6n election and, in the ebS8noe~~Of S.tatUtOry -0oman 

v&l1 not disfranchise him. state v. tlarMn'~'-186-~?: 7. I 

111 (&arillo Civ. App. 1945>; 

12 n. 'I. 952; !?ensep Vi ":il!~el~~ 

App. 1932);;ztretton v. Hall, 

App. 1936);'Lee v. :miteheab, 

civ. 4pp. 1944). The constitutionel amendment under oonsidel 

tion was olearly intended to permit servicemen an& ex-service 

who qualify Uhsreunder to vote tdthout paylag: 8 poll tax re?z 

less of prior legislation on the subject. It would be unreasonable to say that the effect of the aIlendr:ent is to 

disfranchise such person because,t!!ey cannot quelifg under tl 

existing: exenption-certificate .statutos end because the Leci: 

lature has made no special provision for them. To so hold 

:;'oulJ. be to l'eder the amen&tent neanin?less nnd of no effecwhetever. 

?herel'orc, we auwer *'our euestion 3 i2 the affirn 

&. 

- 
“0.1. 7crry I. Zones - ?a,?8 9 

nrovides: 

-F-w “1s the Tax Colleotor authorized 

to CC u 8 on the certiried list of voters 

the nanes of persons uho come within the tams 

of nticle VI, section ;?-a, of the Constitution 

of Texas, but who have ;lot p3id a poll tax 

and have not obtained a certificate of exemption?" 

Article VI , !?ection I, 0r the Constitution or Texas, 

"In all elections by the people the vote shall 

be by bellot and the Legislature shall Rrovlde for the 

cmbering or tiokets and neke such othar regulations 

es my be necessaqto detect and punish fraud and 

creserve the purity of the b&lot box and the Legis13ture may provide by 13%~ for the regtstration or all 

voterg.in.all cities containing a population of ten 

.,;;h,ousand inhs.bitsnts "m'.mme.,v 

-. Articl3~2975; Vernon*s Annotated Revised'~givil '&at. 

utea, requires that: 

Y3efore the first day of April every 

.County Tox.Colleotor shall deliver to the 5 esr, the 

nerd that 

.iS'.Oh3~~8d'F~th:'th8~'dUt~_~r.'f~i~~ai~'i318Oti~ SUPplie.s'~~separate oertiried' lists-.~r.~uifi~~' in eaoh 

vecinot who hev~~bsia~'theFr~~noll tax-imreoeived 

their c3rtifiostes Of exertion," 

such lists to be arranged in a oertain order and to contain c 

taiz infarnation, and rurther provides for supplemntal lists 

any county epntaininga tom of.'nore than ten thousand inhabitants. 

Jzticle 3121, Vernon's .;nhotated Revised Civil Stet 

utes, reads lis r0110vis: 

"The county tax colleator shall deliver to the 

ohairnen of the county exucutive comittee of each 

Toliticol party, r0r it3 use in primry selections, 

zt least five days before election day, certified and 

;upplenentol lists of the oLu31ified voters of each 

?pecinct in the county, arranged alphabetically 3na 

by yrecifiota, on6 such ohoirmn shall place the snna 
152 

‘on. Ferry L. Jonas - Peg8 10 

for reference in the hatis of the election ofricers 

01' each election precinct before the polls are open. 

"0 nrimarv aleotion shall be leCs1, unless such list 

in obtsin;?d and used for reference durinw the election. *posit0 the name 0r every voter on said list 

~311 be stamped, when his vote is Cast, with 3 

rubber or wooden stamp, or written with pen end ink 

the words, +rimary--voted,' with the date of such 

nrtiru under the same. For esoh list cb 311 the 

~~uslified voters or the county who heve oaid their 

nnll taxes or received their certifiosteo of axemdiion, 

%he collector &all be permitted to cherr,e not more 

thsn five dollars, the 23ne to be paid by the yrtg 

or its chairrzn so ordaring said lists; provided, that 

the chor<e of five dollars s&111 be in full for the 

onrtified lists of 311 the voters or the 'county urrangod by precincts, 3s herein provided.*:. 

Under the statutesquoted above,~:.the:%x Colleotor 

n~:thori.sed to include on the oertiried list onlfthose person 

-.~t!o h3ve mid their boll tax or received theirs certificates o 

mtion. inssrwk as other quolifiad voters sre not reouir 

GO remer irith hin, he ?~oulb h?ve no record of'them rro!? wh 

to compile a list. Ye onsmr your %estion Ii21 the ne~etive 

stitution of Texas,-an6 who is other&e.aqualiried'voter, nualiried to vote epen 

thou& his name does not-appear on the list 

oft voters Fepared hy the Tax Colleotor?l~ 

article 216, Vernon*s Annotated Fen31 code of Tax53 

quoted above, lrovides that en eleotion judge who'perrits a 

nerson to vote. Whose nsrze does not annear on the list or 

$mliiied votei. . . . . e-cent in casexwhere no certificate 

0r exemption or t3x recei7t, is reruiredl', sh3 TI7Z fined, 

*llthouc;!? it 

!",;?I1 'UD. 

?i?lS held i,? YZ?t V. COO!':, 221 7. *!. e3; 

%. 1926), tkt;t .;rticlc 2975 goted above is mnck 

, ," , 

:;e Plnd no re-wirer,ont in the ttotutes that the list 

z-ust ir.olurlo 0 gereon who is ::ot ?eC.uireci to ?a:' n poll tsx ( 

to '-0lC n cortlficatc of exer‘:Tticn es 0 fyr?lificotion i9r 

70tinz:. iercons vko ve over sixty yeers of ye end V.tio do 
1: 

--on. I'erry T,. Jones - Pa+3 11 

:m resiSe in a city of r!oru than ten thousand ishabitnnts, :c 

rzoqle , :rould not be included in such lists because they are 

:ot required to have either a poll tax recei$. nor a certifi-- 

+ita of exemption, yet they am entitled to vote if other-&se 

~~liiiea. 

In the oase of %tate v. yletoher, 50 Cr. I*. (2d) 450 

(Zeamont Civ. App. 19321, it was he?.d that the fact that the 

lists or voters furnished to the aleotioil judges were not in 

statutory rorn did not vitiate the election. 

Thora is ao rebiremant that er3ona who +alify 

-.ll&P 'action 20 rerdster with the Tax 8 ollector or obtsin an 

rc-mi~t ar c+rtificate rrm bin. -!hat we havo said a'bove M.t, 

:~.pa~d to.certiricates .of exemption spplies with enual force 

&exe, that is, 3 person viho qual$:iies~ as a voter under the 

%nstitution is not to he disfrsno!!i3ca and,refused the right 

to vote narely beo.a,qse.the Iap;islature has not-provided a 

?rookCure ior,_nlscihg his 3ane on 3 list of voters. 

tive 

Therefore, we answer your ?uestion 5 in the affirm 

-!Xaskin'6::: *.fio election 'jFdges.ha%e authoaitg 

ko a&ihister:~oaths in &derWo~determine the 

qu3liricatiohs.or a, voter?v,-' 

Article XVI, . "eotion . 2, or the Constitution or Talcr 

provides, in part: 

'iI . The privilege or ire8 suffrage shall 

ba &&e%d*by lews regulating elections and nrohibitihg under sdequate penalties sll undue in?luenoe 

therein Iron? power, bribery, tumult or other improper 

,praotice.v 

Your attention is also invited to irrticle VI, Cect 

4, quoted above. 

drticle 3002, Vernon'3 Annotated Revised Civil %a 

utes, provides, in part: 

"Judges of elections are authorized to adninister 

oaths to ascertain all facts zeoessary to a fair r:rd 

irqartiol election. . . .'I 

-.':.-tic:e 3105, :;ernon'o ..innotilt3d Zevised Civil ?tI 

!:+p? , _... ~wovic;'cs, in nn,rt: 
"on. Yerry 1. Jones - Page 12 

vJudges or primary elections heve the authority, 

and it shall be their duty, to administer oaths. . . . 

as judges of generel elaotions 3re authorized and 

required to do... . ." 

It clearly appeclrs iron brtioles 3002 and 3105, quc 

3bove, that election judges have authority to administer oath 

to esoertain all raots necess3ry.to.a rair eleotion, includir 

the qualiiioations or voters. 

73 answer your 3estion 6 in the arrirmative~ 

?;uestion 7: "Ii 3 parson who comas within the 

tarns of &tiale VI, section 2-3, of the Constitution of Tex3s is ohellenged at the polls, t 

csn the election judges lagally require him 

,to show his quslificatiops, under oath before 

permitting himto-vote?vZ '~ 

:ouestion 8: 

,.,.. 

"If a~-p&son who~3orm's within the 

terms of ~rtiole YI, section 2-a;ot the Constitution or Texas, and who is otherwise 3 

.q&aliried voter, upon being challenged, shoves 

by his own oath (and In aities of 10,000, or 

more inhabitants., by< the oath of a well known 

~rasidant)~th3t'he.isaquali.fieb'~voter at such 

election, canthe', eleotion~~ju~,~s.:legally re- 

'ruse to accept his vote?* "' 

-titiola 3006, Vernon's ¬ated Revised Civil !?tv 

utes, provides: 

When a person offering t'o.vote shall be objected to by sn eleotion judge or a supervisor or 

ohellenger, the presiding judge shell examine him 

upon an oath touching tke points of such objection, 

anti, if such person fails to establish his right 

to vote to the setisfaction of the majority of 

the judges, he shall not~vote. If his vote be 

received, the word, 'sworn', shall be written 

upon the poll list opposite the name of the voter." 

AM.cle 3007, Vernon's Annotated 3evi3ed Civil 't 

utes, proviGes: 

"In any election , State, county or r:unicipal, 

bein? held in any city or to.in of ten thousand 
155 

'on. 'erry L. Jones, ?aee 13 

i.aabitents or more acoordinr! to the precedin& 

Federsl census, %hen the right of an eleotm to 

vote is challenged, the followiue prooeedings 

shall be had: 

"1. ?he judges of election shall reruse to 

accent such vote of such elector unless in addition-to his own oath he proves by the oath of one 

..aell :-mown resident of the vtard that he is a 

cualified voter &such eleotion and in suoh ward. 

"2. Then such vote is accepted, the word 

fchallenp,edl shall be written on the ballot, and 

-,the jUd!aeS shall cause the olerk of election to 

‘.mke a.ninute of the name nor the eleotor and the 

prty ~testiryinq under oebh~es to his qualirioationo, and such nezoxanda'ahall-be kept by the 

county clerk of the oountp ror six months after 

suoh'eleotioh is held, subject to order of the 

dis.trict judge." 

A++ole 217, Vernou's Annotated Zenal Code or Texa: 

., .prov?&+r -. ^, 

. j. 

;;A&- j&&b ~-.en~.~gl~~~ilbn."~o.sha~l~'refu~~ & 

receive the vote of any iualiried~.electar:.who,.:r~en 

his vote~is objected to, shows bg his own oath that 

he is entitled to vote, or who shall reruse to deliver an official ballot to one entitled to vote 

under.the law, or who shall wilfully reruse to re- 

,. ceive .a ballot arter .one entitled to vote has 

legally folded and returued saue,'shall be fined not 

to exoeed five hundred dollars.* 

A person who swears ralnely as to his qualiricatic 

or who votes Men he knows that he is not a oualified voter: 

who votes norc than once, is subject to criminal prosecution 

Articles 232, 234, 236, and 241, Vernon's Ann. Yenal Code 0: 

Te::as. 

The constitutions1 nn:endmnt under consideratios 

movides that mrsons vlho oualify thereunder, and :lho are 

oth?er;;ise nualified voters, shall not be required to ray a 

noll tax or to hold a Fecei?t ror a no11 ta:: as a condition 
-. ‘k-wry L. Zones - Page lfc 

-reaeaent to their right to vote. In answering; :!our other 

:ucstions, we have held that such persons are entitled to vote 

.%thout obtaininga oertifiaate of exemption and without bein! 

:..;clu.:ed on the certitied lists of voters prepared by the tax 

sollector. FOVJ my 3uoh a person establish his ri&.t to vote 

'?-ot nay an eleotion judge require of him? Under the above 

.;uoted statutes, the judge my require hip-to shm by his onn 

oath (and in a city or town or 10,000 or more inhabitants, bg 

?.'Ce oath of one sell known resident) that he is qualified to 

x&e. The election orticials cannot legally reo.uire core. 

'uoh a person is entitled to vote "in any .election 

'~312 under the authority or the leas of this State, during tb 

-.i:-e the ~Wtad Ctates is engaged in fighting e war, or withi 

on& penr .ert.er the close of the calendaryear in which said P 

io tcrFinated,v if he shorn bg'his own.oath-(and in a city ox 

toma of 10,000 or nore:ihhabitsnts,, bg the~oath~;or a well km 

rcnideht~): . , ;.: I..,. .TA 

i: /.' 

-1 'rThat at the time of the holding of s&h eleotic 

he is, or within 18 months imediately prior to the tine of 

:?oldins such election was, a mmber of the armed roroes of tl 

-hited 3tates QP of the Armd force Reserve of the United 

^tstes, or of any branoh or omponent cart of such rmed for. 

'55 ';ized:ymcce Res~erve,.or the Whited gtates ESritime Servio. 

.or the United Ztates~ Yero:hant .I:arine ;-and - : (!. 

;. -~ :. 

2. That he is subjeot'to none ~01 the disqualiiications stated in Article VI , Section 1, of the Constitution 

of Texas; .ahd 

.i 

and is a c&en of the United Citates end has residkd in thi 

That he has attained the age of twentv-one yea 

state one-year next preceding such election and the last six 

noutbs within the district or county in which suoh person 

orrers to vote. 

The statenent under oath may be either written or 

oral, and we ste no objection to the use of printed a-ffilevi 

rorns. 

(:!otc: Ln elections "for tie purpose of issuing 

bows or ot=ise lendin,: credit, or exrpend1n-z Eozey or 

ossminq en: debt," the Constitution, in Article VI, sectio. 

je, innoses an eAIitiona1 req;irement that *to-Gy +wliried 

electors who o;*> taxable nro?crtg in the C‘tzte, county, 
:-‘~a. Perry L. Jones - PaEe 15 

political sub-division, district, city, town or villar?;e where 

Agt;;oticn is held, and who have dulg rendered the seme rc 

shall be qualiried to vote and all 

iz the eieotion nreoinot or their res1denoe.v 

eiectors shall F 

The sane renuirenent is made in Article 2955a, Vernon*s annotsted Civil 

Ttotutes; 3nd Artiole 2955b requires the Tax Collector to 

furnish the election judges a certiried list or owners or ret 

estate who hnve rendered sene ior taxes. In order to be 

“otherwise qualiriedv to vote in this kind oi eleotion, a 

yrson who quaUfies under. the COnstitUtiOml amendment unde: 

con3ideration ;:ould have to meet the above requirement.) 

Ye ans?ler your c.uestion 7 in the a~=iirrAative, and 

your ?aestion 8 in the nerrative. 

z;e;on 9: “Do gour answers to the above 

ons apply to primary as vfell as q,eneral 

~lections?n 

The constitutional amendment under oonsideretion : 

expressly sppliaeble to “any election held under the author! 

or the law78 or this state” during a speoiiled period. An 

examination of the many statutes euthwizing and Roverning 

pr5.mrg elections (See Title 50, n~leotionsw, Vernon’s Ann. 

3.3. civ. Ttstutes) impels the oonalusion that .suoh electio 

are held “under the authority or the law oi this state*, 

eJ& that Artiole VI, seotion 2a, oi the Constitution is ap- 

?licable to primary as well as General elections. 

‘:e ans?ver your ?uestion 9 in the a’frirmative. 

L’ 

. . 

F!L: jt :jrb 

.:?z?ovm ,‘.;!I. 17, 

/s/ Grover Sellers 

1946 

i??m>m cYTR.z OF T?m”J 

Yours very trulg, 

Y?Tmm (x!stmAL OF Tzar 

By /s/ Raymond A. Tanoh 

Assistant 

.iP?F?OO’ED QPIXTI(T1: COT3ZIm~ 

DY W3, ChairRan