### RNEY GENERAL
EXAS

Honorable :q.

C. Lindsey Criminal DistrictAttorney Jefferson County Beaumont, Texas

Dear Mr. Lindsey: OpinionNo. C-642

Re: Proper lists for the selection of qualified jurorss

Your request for an opinion on the above-captioned subject reads, in part, as follows:

"Article 2094,V.A.C.SWtwhich relates to the selection of names for the jury wheel states, in part, that various county officials shall meet in August each year "andselect from the list of qualified jurors of such coun,ty

as shownby the tax lists in the tax assessorus office for the currentyear, the jurors for service in the district and county courts for the ensuingyear." in the manner thereinafterprovided. [Emphasisadded.)
"Heretofore,the county officials of Jefferson County used for their selection of na'mesthe ad valorem tax rolls and the poll tax rolls as found in the tax assessor's office, Now thatwe no longerhave a 'poll tax" in Texas to go on the 'tax list' in the tax assessor's office, the county officials have requested our office to ask your opinion
on the followingquestions:

"Whatconstitutes the 'tax lists" as that term is used inArticle 2094,V.A.C.S.?
"Which listsmay the county officials
now use in the selecting of names of qualified jurors?"^

Hon. W. C. Lindsey, page 2 (C-642)

A furtherquestionwhich we have been asked from other sources and which is impliedby your second question is whether the names of persons registeringunder the provisions of Section 34b of the Texas Election Code, enactedby Section 7 of~senate Bill No. 1,Acts of the 59th Legislature, 1st C,S. 1966, may properlybe put into the jury wheel,

These questions are an outgrowth of the recent federal district court decision in United States of America v. The State of Texas, (W,D.Tex.,Feb, 9, 1966, opinionnot yet reported: appeal to U,S.Sup,Ct. pending)I invalidatingthe requirement for payment of the poll tax as a prerequisite forvoting. Following the decision, the Legislaturewas convened in special session for the purpose of enacting a voter registration law, and its productwas embodied in Senate Bill No, 1, supra, Section 34b of the ElectionCode, enactedby Section 7 of S.B, No. 1, opened up a 15-day registrationperiod fromMarch 3, 1966, through March 17, 1966, for persons subject to the poll.taxwho had not paid itbefore February P, 1966, but who are in other respects qualified electors. Registrantswere issued "conditionalvoter registrationcertificatesqa for the 1966 voting year, which were tobecome effective for voting upon either of two stated contingencies,one ofwhich was that an order of the Supreme Court or the district court having jurisdica,tion of United States v. State of Texas, supra, U'becomes effective to enjoin the enforcement of the invalidatedprovisions at ePectionskefd before February 1, 1967."

The United States Supreme Court refused to stay the district court judgment pending appeal, but the district court granted a stay through March 25, 1966, in order to allow completion of registrationand compilation of registration lists under the
new lawbefore Its judgmentwas put into effect. As of March 26, 11966, new registrantsmeeting other valid requirements of Texas lawbecame eligible to vote at electionsheld during the remainder of the 1966 voting year, and the eligibiEty will be revoked only in the event the Supreme Court reverses the district court decision.

Sections 1 through 5 of S-B, No, 1 contain permanent provisions for registration of voters, not based on liability for
or payment of the poll tax0which wili go into effect upon affirmance of the district court decision or upon adoption of a proposed amendment to ,the Texas Constitution repealing payment of the poll tax as a prerequisite for voting,. ,

Hon. W. C. Lindsey, page 3 (C-642)

Of immediateconcern iswhether the names of persons issued conditionalvoter registrationcertificatesunder Section 34b of the Election Code may be placed into the jurywheel this year. Of concern in futureyears iswhether the na'mesof persons registered as voters under the permanentprovisions of S.B, No. P may be placed into thewheel.

Article 2094,Vernon"s Civil Statutes, provides that the names to be placed in the jurywheel are tobe selected "from the list of qualified jurors of the county as shown by the tax lists in the tax assessor's office for the currentyear." Article 2095 provides that the officers performing this duty "shallwrite the names of all personswho are known to be qualified jurors under the law, residing in their respective counties,
on separate cards" etc.

Article 2133,Vernonas Civil Statutes, provides as one of the qualifications of a juror that a person “must be a citizen of the State and of the County in which he is to serve, and qualified under the Constitution and laws to vote in said County: provided, thathis failure to pay poll tax as requiredby law shall not be held to disqualifyhim for jury service in any instance." This provisiondoubtlessly is a partialbasis for use of the poll tax lists [officiallyreferred to as the lists of qualifiedvoters, consisting of the names of personswho have paid the poll tax or obtained exemption certificates. See Art. 5,22, Texas ElectionCode), Article 2133 furtherprovides as a qualification of a juror thathe "mdstbe either a freeholder in the State of Texas or a householder in the County or wife of
a householder in the County." Use of the ad valoram tax lists in making up the jury wheel cards is related to this qualification.

The question of what lists should properlybe classified
as "tax iists" urder Article 2094was fully considered in Attorney General"s OpinionNo, O-5521 j19431, After tracing thehistory of the jury wheel Yaw, the opinion stated:

"Construingthese Paws in accordancewith the above referred to rule of construction,we do not believe that itwas the intent, purpose wr effect of the jury wheel law to render unavailable for jury service in those countieswhich came under such law, any man in such countieswho had the



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Hon. W. C. Lindsey, page 4 (C-642)

qualifications of a juror prescribed in said Article 2133, et seq. In construing that portion of Article 2094 (asamended)which provides that the names used for filling the jury wheel are obtained 'from the tax lists in the Tax Assessor*s office fox the current year,' togetherwith that provision in Article 2095 (asamended),which provides that the designated officers "shallwrite the names of all men who areknown tobe qualified jurors under the law,' on cardswhich shallbe placed in thewheel, we are inevitably led to the conclusion that itwas the purpose and intent of the Legislature in enacting the jury wheel law to (aipreserve the availabilityas jurors of all men in the county qualified for jury service under the general law; (b)to abolish, in counties coming under the provisions of the jury wheel Yaw, the element of discretion involved in the selection,by jury commissioners, of the individual jurors to make up jury panels, and to utiliee instead the selection of jury panelsby mechanicalmeans; ‘and (c$ to sanctionby law theuse of the tax lists in the tax assessor's office for the currentyear as an aid to the designated officers in their performance of their duty to see that the names of a11 thoseknown to be qualified jurors under the Yaw find their way into the jury wheel. We think the law contemplates that the designated officers shouldbe diligent in their efforts to collect and place in the jurywheel the names of aTL men in the countyhaving the qualifications of jurors as prescribedby the statutes of TexasI And axways the controlring object to be effected is the placing in the jurywheel of all the qualified jurors in the county,

"Fromwhat we have said above,you wiP1 understand that our answer to your question No, 1 is that the list in the tax assessor'sHon. W. C. Lindsey, page 5 (C-642)

office,which should properlybe classified as a tax listwithin the meaning of the jurywheel law, is the rendition list: but this list is to be used in aid of the designated officers in a diligent effort on their part to see that the names of all qualified jurors in the county find theirway into the jury wheel. In furtherance of this effort, it is permissible for said officers to refer to and check the poll tax list for the currentyear against the rendition list:but itwould be error for the officers to use said poll tax list as the exclusive
source fromwhich the names to be placed in the jurywheel would be obtained."
Article 2133 expresslyprovides that failure to pay the poll tax does not disqualify a person for jury service. Registrantsunder Section 34b of the Election Code presumably meet all other qualifications for voting, and their names, if known to the officersmaking up the cards for the jury wheel, could be put into thewheel when new cards are prepared in August of 1966,without theirhaving registeredas voters. Even if their eligibility to vote is revokedby reversal of the district court decision, their names may still properlybe QUt into and remain in thewheel until a new set of cards is prepared in 1967* From what has been said, it also follows that names of persons registeringunder the permanentprovisions of S.B. No. 1 may alsobe placed into thewheel in futureyears.
S'IJMMARY

The tax lists referred to in Article 2094, V.C.S., to be used in selecting names to be put into the jury wheel, are the county tax assessor's lists of property subject to taxation (the rendered and unrendered property lists). However, these lists are not the exclusive source fromwhich the names should be obtained, and the officerspreparing the cards for the jury wheel should include the names of all persons within the county whom theyknow to be qualified for jury service, Names of voters who registeredunder the provisions of Section 34bHon. W. C. Lindsey, Qage 6 (C-642)

of the Texas Election Code, enactedby Section 7 of Senate Bill No. 1, Acts 59th Leg., 1st C.S., 1966, during the 15-day periodvjhichended on March 17, 1966,may properlybe placed into the jury wheel.
Very trulyyours,

WAGGONER CARR Attorney General

Mary K, Wall Assistant

MKW:ra

APPROVED: OPINIONCOMMITTEE

W. V. Geppert, Chairman John Reeves Robert Flowers John Banks Phillip Crawford

APPROVED FOR THE ATTORNEY GENERAL By: T, B.Wright