, .-

HE A OECNEY GENERAL 0,~~ TEXCAS

Honorable Clyde E. Smith, Jr. County Attorney Tyler County Woodville, Texas

Dear Sir: OpinionNo. C-323

Rer Whether persons in military service are required to 

### be registered voters in order to vote for federal offices.

In your opinion request you state that the County Clerk of Tyler County has received applications for absentee ballots from a number of persons in military servicewho want to vote for the national candidates only, in the coming general election, and who have neither paid a poll tax nor registered to vote for federal officeswithout payment of the poll tax as provided in Article 5.02a of the Texas Election Code. You ask the followingquestion: 4

Is a servicemanwho is subject to payment of the poll tax entitled to vote for federal offices if he has neither paid the tax nor registered in accordancewith Article 5.02a of the Election Code?

As a general qualification for voting in Texas, a person'who is subject to payment of the poll tax must have paid the tax prior to February 1 preceding the election. Tex

. Const., Art VI, Sec. 2; Tex. Elec. Code, Art. 5.02. With respect to the 1964 general election, this requirementwould
mean that every person who-was a legaliesident of Texas on January 1, 1963, and was between 21 and 60 years old on that date, met,have paid the 6tBte poll taxby Jmiiuery31, 19G4, in ,order to vote in-the election. Personswho b7erenot 21 years old on January 1, 1963, or who were not legal residents of the State (i.e.,who were not claiming Texas as their place of domicile
or permanent residence) on that date, but who will have attained age and residence requirementsby election day, are required to obtain a certificate of exemption from payment of the pollHonorable Clyde E. Smith, Jr., page 2 (C-323)

tax at least 30 days before.the date of the election. Tex

. Elec. Code, Art. 5.17.

The 24thAmendment to the United States Constitution, which was ratified in late January of 1964, prohibits a State from requiring payment of a~poll tax as a condition of,voting for the!officeswhich we refer to in this opinion as "federal offices." Section 1 of the 24th Amendment reads as follows:

"Section 1. The right of citizens o,fthe United States to vote in any primary or other election for President or Vice President, for electors for President or ,VicePresident, or for Senator or Representative in Congress, shall hot be denied or abridgedby the United States or any Stateby reason of failure to pay any poll tax or other tax."

In anticipation of the possible ratification of the 24thAmendment, which Congresshad proposed in 1962, the'Texas Legislature in1963 enactedArticle 5.02a of the Texas Election Code as contingent legislation to become effective in the event the proposed federal constitutionalamendmentwas ratified. The date on which the Texas statute *as to go into:effectwas fixed
as "the date of publication of the certifying statement of the Administrator of General Services that the amendmenthad become valid as a part of the Constitution of the United States." That certi,fying

statementwas published on February 5, 1964. Accordingly, Article 5.02a took effect on that date.

Subdivision 1 ofArticle 5.02a reads:

"Subdivision1. Qualification and requirenrents for voting for federal offices. Notwithstanding any other provision of this Code or of the Constitution of this state, the payment of the poll tax shall not be required as a condition for voting for United States Senator, for United States Representative (includingCongressman-at-Large),or for President and Vice-President or electors for President and Vice-President of the United States, in any general, :special, or primary election. To be eligible to vote for such offices, a person must be a qualified elector under the Constitution and laws of this state in all
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other respects, If he is not subject to payment of the poll tax,he must have obtained an exemption certificate in accordancewith the provisions of this Code if he is required to hold an exemption certificate as a condition for voting generally. Ifhe is subject to payment of the poll tax, he must have paid the tax and obtained a receipt therefor prior to the first day of February preceding the election; or he must have obtained
a poll tax receiptwithout payment of the tax, in the manner and within the time provided in Subdivision 2 of this section."

Subdivision 2 provides in part:
"Subdivision 2. Issuance of poll tax receipts without payment of the tax. A personwho is subject to payment of the poll tax and who is in other respects a qualified elector may apply to the tax collector of the county of his residence at any time between the first day of October and the thirty-first day of January following for issuance of a poll tax receipt without payment of the tax, to be used to identifyhim in voting for offices enumerated in Subdivision 1 of this section during the voting year beginning on the first day of February thereafter;provided,however, that a receipt to identiL@ the voter at electionsheld during the votingyear in which this section takes effect may be obtained at any time within the period of thirty days after the effective date * * *."

Under the provisions of Article 5.02a, a person who is subject to payment of the poll tax must either have paid the tax or have obtained a poll tax receipt without payment of the tax within the prescribed time limits, The registration period for the current year under S&division 2 of Article 5.02awas from February 5, 1964 through l%rch 6, 1964. These requirements apply to persons in military service as well as to all other voters.
Subdivision (i) of Section 459, Title 50, Appendix, United States Code, should be noticed. It reads as follows:

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### Jr., Page 4 (C-323)

,,

" * * * No person inducted into, or enlisted in, the armez forces for training and service under this title&J'niversal Military Training and Service Acti shall, during the period of such service, as a condition of voting in any election for President, Vice President, electors for President or Vice President, or for Senator or Member of the House of Representatives,be required to pay any poll tax or other tax or make any other payment to any State or political subdivision thereof."

This statute, enacted in 1948, makes a similar provision with respect to persons fulfilling their military duties under the UniversalMilitary Training and Service Act as that which the 24thAmendment now makes the,law of the land with respect to all persons. Although a State may not require any person to pay a poll tax as a condition of voting for the listed offices, neither the statute nor the Amendment affects the power of a State to require registration,where no charge is made therefor, as a condition of voting for these offices. Effectiveness of Article 5.02a of the Texas Election Code was made conditional on ratification of the 24th Amendment, but it
covers all voters subject to payment of the poll tax and requires registration of all such voters who wish to qualify for voting for federal officeswithout payment of the tax, regardless of whether the source of their entitlement is the 24th Amendment or the Universal Military Training and ServiceAct.

The question you have submitted is of general interest to county officials throughout the State. It appears that there has been a widespread misunderstandingamong military personnel
on the requirements for qualifying to vote for federal offices without payment of the poll tax. It is hoped that the misunderstandingwill be eliminatedby a recent publication issued by the Directorate for Armed Forces Information and Education, Department of Defense, Washington, D. C., which supplements its publication "Voting Information 1964," and incorporates changes in the laws cfthe various States since the basic material in that publicationwas distributed. The supplement, issued under date of September 4, 1954, contains the following statement on Texas law:

"Personswho registered under the new registration system for voting for Federal -1542-

### HonorableClydeE. Smith, 

### Jr., page 5 (0323)

officeswithoutpaymentof the poll tax (effective

5 February1964)priorto 6 March 1964mayvote in the GeneralElectionfor President,

Vice~:Pretident,

U. S. Senator,and U. S. Represeniztives.Personswho did not registerunder thenew systemon orbefore G March 1964,andwho did not pay the poll tax,are 'not

eligibleto vote for Federal officersin the 3 November1964General Election."

In ordertobe eligibleto vote for federal officesin the 1964generalelection,a person who is subjectto paymentof the statepoll tax must eitherhave paid the taxby January 31, 1964, orhave registeredtovot,e for theseofficeswithout paymentof the tax,as providedinArticleS.02a of the TexasElectionCode,by March 6, 1964. These requirenients

applyto voterswho are inmilitary serviceas -11 as t,o votersgenerally. The term "federaloffices"includesthe following: President, Vice President,electorsfor PresidentorVice President,Wited StatesSenator,UnitedStates Repres,entative

(including

Congressman-at-Large.J

Pours very truly,

WAGGONW CARR 

### Attormy General

MRWtsj:bk
APPR(NED: OPINIONCWITTti

W. V. Qeppeft,Chairman LinwardShivers Pat Bailey KernsTaylor JerryBrock Assistant

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### HonorableClydeE. Smith,Jr., PageG (C-323)

APPROVEDFOR THEATTORNEYGENERAL

BY:RogerTyler

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