'Oil. T

3o,t~&ke;~avis county hstin, Texas 3ear Sir: opinion IJO.O-7034 ,Re: Y%ether a veteran whoquell under &tiole 6, ?eotlon 2a the Texas Constitution is r qulred to obtain a oertiiio of exemption before he can and related questions.

a !?emberof the armed for United States or of.;the Armed.Foroe Res e United States, or or”any branch QFoompo or suoh arned rorces or ArmedForce Re

cr ;&thin one year eftcr the cl.one of t.LIec: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 ?~hois a ncnber of the rep,U%T ~!r,tablj,nkr.ento

’f the rlnitod ‘Itotes army, :IaY.v,or :.:arine Corps; and provided further, that a.11persons in the amed roroes ol the United 7tGtes, or the component brGnohes thereof not membersof the regfi.e$ es?.abllshment of the 1?nited States Ar.my,Davy, or l.!arine Corps, ore hereby deolared not tom be disqualified drumvoting by reason or any Drovision or sub-section lFifth’ or Section 1, of this’ ArtioleiW In view of the raot that this provision WISadopted OSan amendmentto 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 funndomentellau of this State, upon prior constitutional end stetutory ‘provislons governing the quallrioations of voters ?na the conduct ..cb:elections. -TheTexas ~Zegisleture has not been in session sinoe the efreotive date oi this .amendx+t, end therefore no newlawhas 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ir efreot prior to the adoption- txPthe above .amendment;end are still in effect exoept insorer as they mayhsve been repealed or r!odiiied b.vquoh~ amendment.: Question 1: @Does::%txole VI, .$&&Soni-a’,“oi rthe~Gonsti’tutio~,:~~ ,Texas exempt.;persona who kome:.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 rromthe

‘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 GnGnnUalpoll 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 bntstatutory

i?. - 7al:.ler Sutherlanc 2+x5. Fawever. wesea no inconsist&

; are repealed by implication. Stats of ??hodeIsland 253 U. ?. 350, 64 L. Id. 946, -40C- Ct 486 (1915) its Statutorr Construotion. (36. ed:‘~p~orakl, 2eo.

----~- -- a -.-my between the above.oned oonstitutional and ststutorg provisiOnS imposine the mentl 3,011tax and the oonstltutional amendmentunder OOnsideratlOn. Ike language used in the constitution&l amendmentdoes not indicate an intention to repeal or amendsuch 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 Qpto hold a reoeipt tterefor, yet the amendment does not exeunt themfrom the mr.ent o': the poll tax. m. ::;‘asnswer~your~ion~l in the --

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

to issue a oertificate~af exemption to a'prson" whocomaswithin 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 whois.not exempt rrom the naymentot the poll tax is not entitled to a oertifi1V oate exemt on. 9 ?rom the paymentof a poll tax, endwhoare 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 whois not exemnt from paymentof 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 whois exemeted by lav: from the 5aynent of n 7011 tax, :na whois in other respects Gquu .I.- 14“ied vo er,

t Iho resides in a city of ten thousand (10,000) inhabitants or more, s’:all, before the Pirrt <layOrFebruary or the year nhen,such voter shall ?.::~abecorce entitled to such exemption, obtain rror. the Tax COliect0r 0 f the county of his or her“l-33. Terry L. Jones - PEgek

rezldenoe, a certificate showing his or her exemption -From the paymentor a noli tax.” f\rtlcle 2968a, Vernon’s Annotated Revised Civil Stof !ltes, Rrovides that every person not subject to certafn dls- -ualiiicntions Whodoes not reside in a city of ten thousand inhabitants or more, “and who1s exempt from the paymentof a no11 tax by reason of the fact thet he or she has not yet Eeaohed *theage of twenty-one years on the first day of January preceding ,lts levy, orwhoIs exempt fra the.paymentoi a no11 tax beoause he or she was not s resident of the State on zhe first day of January preoeding its ,levy, but whoshall have since becomeeligl.ble~ to vote by reason of length of res denoe or66e,* shall obtain a certificate of exemption from t ?a-ymcntor a poll tox, and that ‘+nosuch person vlhohas iaile

‘~or refused to obtain such oertificate~ of exemption fror. the naymcntof, a poll tax. shallbe ellkved to .vo+.e-v ‘A Article 296Os, Vernon’s Annotated Revised Civil:-l%e ute’s,~enaoted in. 19l+3,~:pn,ovidesa,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 kncninss;the Axis Pc4wers.v In our Opinion, JTo. O-6828, weheld that Wrld 315 II has-notyet ternindted

_endtilL~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 haveround 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 exemptfrcm paymentof t

‘poll tax, he Is therefore not entitled to a Certificate of exenption under the above statutes. Ye answeryour questlol: ir. the negative.

^?uestion 3: “Is a person whocormswithin the terns of Article ?I. section 2-a. of the Conctitution of Texas, 2nd VJhoiS 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: *Thefollowi~ 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 anyfelony,

Subject to suoh 8XCeptions as the LaCislature maynu3ke Fifth: All soldiers, marines end seamen8mRloyed

in the oervioa of the Armyor navy of th8 l?nited States

. . . ." (The second garemaph ol the amendmentunder aonsid erstion limita-the vPifthv subdivision above to membersof 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?eOtiOn2; of the Constitution or TeXar ?+py :;,, _~ ,.

. "%+++~On SUbjeot tb.~Oas:'oic.t~a:.,roreeoine disqualifications, whoshall have.,etta3.ned the age of twenty-one years an6whoshall be.a..citizen oi the United States and :'rhoshall 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 whois subjeat to pay a poll tax under the 1aVaS of the Ctt;t8 OfT8XaSShall have paid said taX befOr offering to vote at any election in this Ctate and hole a receipt ahoy&n5that 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 aumequalificstiona 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 resides in a city of ten r?ayinqa no11 tax ana thousand (10 OOOf

inhabitants or more, he or must procure's oertificate showing his or hersne 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 Clv
. .ipp. 37) the last quot arovision of Artiole 2955was upheld as ageinst'the contentior that, the J,e~isleture had no 'powerto 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:

*Nocitizen 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 samehasbeen 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 themwith the
_~

. StatArticle 216, Vernon's Annotated renal Code of Texee provides: *Anyjudge of an eleCtiOn or primary whovJiliully permits a personsto vote, :those namedoes not appear on the list of oualified voters oi the precinct andwho fails to present his poll tax receipt or certificate of exemption cmmakeefridavit or its loss or :*Isplacement* or inadvertently lCit ut home, except in Cases *vhereno 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 amendmentUnder 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 somaoases 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 enendmentin question certainly -resents enother exception. Those whoqualiiy thereunder er8 not renuired to have a poll tax receipt; and, not beine exempi rromthe 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: Thepoll tax is levied-as or Jan Ory 1 cb 8aChyesr and is payable between Gotober 1 oi that y andFebruary 1 of the succeedin& year; and paymentprior 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-.~l46 Lentitles e' Qualiiie voterito,vote the

m&' % after during 194. ut the constitutional~amentient undercc sideration imposes.an entirely different ~timelimitation, toUitY that a person vaho at the tine of holding an election is or whowithin 18months immediately prior to the time or hold suoh election was, a memberof the armedroroes, 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 whobecomas a memberof the armedforces on or after Feb. 1, 1946, vfould be qualiried to vote thereeiter during, 1946vfithout paying a poll tax, but the tine linit for obtaininK his exec! certificate under the statute aould have eqired prior to ' Peb. 1, 1946. Onthe other hand, if vfeshould hole that a person who~ualii'ies under the amendmentia 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 1945Would he entitled to obtain an exemption certiiicr nrior to l?eb. 1, 1946, even though the 18months' period pre::or:. Fcrrp L. Zones - ?aaqe8

In *he ~nendmentwould expire prior to the eenel?al elaotion in :!ovember, 1946. Theennusl 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; andwhenproDerly 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 whoqUSlify Underthe oonstitutional zzewirent

.Assunin&? that the Le&alstUre would nowhave the :g::er to set ur,a valid rwqirement thatpersons whoqualify undoerfleoti'on 2e 0r the Constitution nust obtain a speoial c81 ti~icate anathat nosuch person.will be“@ermitted~to vote f:nlers h8 Lweaent.8such oertiiiCat8 (which~,gU~~tiOn~.ae~i8re ncr ,:. '10.7cellad uponto de&la), yet it is 018ar that the.~Lee.sislat~ +?s r?adeno~:such..reauirement. 5 Certslnly, a.parson whoqualiies -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-asnot provided 6% the isSuanOe'of~ a ceM.ficete s:w:ii.lf: his ~uelifioation.

. - ,- 3-18hjUr't;S0~&8xa-t&WJ~ thx%-&&uXtha.'~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). Theconstitutionel amendmentunder oonsidel tion was olearly intended to permit servicemen an&ex-service whoqualify 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:entis to disfranchise such person because,t!!ey cannot quelifg under tl existing: exenption-certificate .statutos end because the Leci: lature has madeno special provision for them. To so hold :;'oulJ.be to l'eder the amen&tentneanin?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 CCu 8 on the certiried list of voters the nanes of persons uho comewithin the tams of nticle VI, section ;?-a, of the Constitution of Texas, but whohave ;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 andneke such othar regulations es my be necessaqto detect andpunish fraud and creserve the purity of the b&lot box and the Legis13ture mayprovide by 13%~for the regtstration or all voterg.in.all cities containing a population of ten .,;;h,ousandinhs.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 5esr, 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 whohev~~bsia~'theFr~~noll tax-imreoeived their c3rtifiostes Ofexertion," such lists to be arranged in a oertain order andto 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 durinwthe election. *posit0 the name0r every voter on said list ~311 be stamped, whenhis 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 whoheve oaid their nnll taxes or received their certifiosteo of axemdiion, %hecollector &all be permitted to cherr,e not more thsn five dollars, the 23ne to be paid bythe yrtg or its chairrzn so ordaring said lists; provided, that the chor<e of five dollars s&111be 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 GOremer irith hin, he ?~oulbh?ve norecord of'them rro!? wh to compile a list. Ye onsmr your %estion Ii21 the ne~etive

stitution of Texas,-an6 whois other&e.aqualiried'voter, nualiried to vote epen thou& his namedoes not-appear on the list oftvoters Fepared hy the TaxColleotor?l~ article 216, Vernon*s Annotated Fen31 code of Tax53 quoted above, lrovides that en eleotion judge who'perrits a nerson to vote. Whose nsrzedoes 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 whois ::ot ?eC.uirecito ?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.tiodo

### 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?.dthat 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 8ollector or obtsin an rc-mi~t ar c+rtificate rrm bin. -!hat wehavo said a'boveM.t, :~.pa~dto.certiricates .of exemption spplies with enual force &exe, that is, 3 person vihoqual$: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, weanswer your ?uestion 5 in the affirm

-!Xaskin'6::: *.fioelection '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

. Theprivilege or ire8 suffrage shall ba &&e%d*by lews regulating elections and nrohibitihg under sdequate penalties sll unduein?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 ..innotilt3dZevised Civil ?tI !:+p?
,_... ~wovic;'cs, in nn,rt:"on. Yerry 1. Jones - Page 12

vJudges or primary elections heve the authority, andit 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 whocomaswithin 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 showhis 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, andwhois otherwise 3 .q&aliried voter, upon being challenged, shoves by his ownoath (and In aities of 10,000, or moreinhabitants., 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 nameof 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 moreacoordinr! to the precedin& Federsl census, %henthe 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 ownoath he proves by the oath of one ..aell :-mown

resident of the vtardthat 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 namenorthe 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 ownoath that he is entitled to vote, or whoshall reruse to deliver an official ballot to one entitled to vote under.the law, or whoshall wilfully reruse to re-

,. ceive .aballot arter .one entitled to vote has legally folded and returued saue,'shall be fined not to exoeed five hundred dollars.* A person whoswears ralnely as to his qualiricatic or whovotes Men he knows that he is not a oualified voter: whovotes norc than once, is subject to criminal prosecution Articles 232, 234, 236, and 241, Vernon's Ann. Yenal Code 0: Te::as. Theconstitutions1 nn:endmnt under consideratios movides that mrsons vlhooualify 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-wryL. Zones - Page lfc

-reaeaent to their right to vote. In answering; :!our other :ucstions, wehave held that such persons are entitled to vote .%thout obtaininga oertifiaate of exemption andwithout bein! :..;clu.:ed on the certitied lists of voters prepared bythe tax sollector. **FOVJ** my 3uoh a person establish his ri&.t to vote '?-ot nay an eleotion judge require of him? Underthe 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 onesell knownresident) 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 '~312under 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 18months imediately prior to the tine of :?oldins such election was, a mmber of the armedroroes of tl -hited 3tates QPof 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~01the disqualiiications stated in Article VI, Section 1, of the Constitution of Texas; .ahd

.i andis 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.

Thestatenent under oath maybe either written or oral, andweste 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 whoo;*>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, andwhohave dulg rendered the semerc

shall be qualiried to vote and all iz the eieotion nreoinot or their res1denoe.v eiectors shall F The sane renuirenent is madein Article 2955a,Vernon*s annotsted Civil Ttotutes;3ndArtiole 2955b requiresthe Tax Collector to furnish the election judges a certiried list or owners or ret estate whohnve rendered sene ior taxes. In order to be

“otherwise qualiriedv to vote in this kind oi eleotion, a yrson who quaUfies under.the COnstitUtiOml amendmentunde: 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 Theconstitutional amendment**under** oonsideretion : expressly sppliaeble to “any election held under the author! or the law78or this state” during a speoiiled period. An examination of the manystatutes 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?veryour ?uestion 9 in the a’frirmative.

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17, /s/ Grover Sellers 1946 i??m>m cYTR.z OFT?m”J Yours very trulg,
Y?Tmm (x!stmAL OF Tzar By /s/ RaymondA. Tanoh

Assistant

.iP?F?OO’EDQPIXTI(T1:COT3ZIm~ DYW3, ChairRan