Honorable R. T. Burns 

County Attorney 

Walker County 

Huntsville, Texas 

Deer Sir: Opinion NO. O-1702 

Re: May a person who has hot paid his poll tax 

be a c#ndidate for Repreaentt%tit+& 

This will acknowledge receipt of your telepam of November 15, 1939, 

and your letter of November 17. We wish to thank you for the able 

brief which you submitted with your letter. 

The question aa presented to ua in your telegram reads: 

'tiould like to know definition of 'qualified elector' and if 

person who has not peld poll tax ia eligible to have name 

placed on ballot for representative in special election?" 

We regret to ad&e that we are not an$horized to enawer your question for 

the reason that the Constitution of Texas, in Article 3, Section 8, gives 

to the House of Representatives the exclusive power to determine the 

eligibility of its members, in the following language: 

'Each House shall be the judge of the qualifications and election 

of its own members." 

In Dickson v. Strickland, 114 Tex. 176, 265 S. W. 1012, the Supreme Court 

of Texea waa asked to.pesa upon the qtilifications of Mrs. Miriam A. 

Ferguaon for Covernor of the State but held that neither it nor the district 

court haa jurisdiction to entertain the question because Section 3, of Article 

6 of the State Constitution placed the determination of the question in the 

Legislature. Said Greenwood, J., in the opinion: 

"The Constitution, having committed to the Legislature, and 

withheld from the budiciary, the power to determine the 

eligibility of all elective state officers of the executive 

department, such Rower of determin&tion-n must be exercised 

by the Legislature and could not be granted away tothe courts, . . ." 

"If it is the Constitution which provides that a nonjudicial 

tribunal shall settle such cases, the deciaion,thereof by 

such tribunal is beyond judid,iiil control, unless pleinl:~ 

authorized by the Constitution itself." 
Hon. R. T. Burns, Page #2 (o-1702) 

If the courts oi this state ere without jurisdiction in such CPXS 

certainly it woLiLd be beyond the authority of the Attorney General 

to attempt to decide such questions. 

Whenever the House of Representatives is called upon to pass upon the 

qualifications of one of ite members, it will, of course, be guided by 

the following provisions of the Texas Constitution: 

"Article 6, Section 2. Every person subject to none of the 

foregoing disqualifica'iiona, who shall have attained the age 

of twenty- ,one years and who shall be a citizen of the United 

States and who shall have resided in this State one year 

next preceding an election and the last six months within the 

district or county in which such person offers to vote, shallbe 

deemed a qualified elector; provided, that elerora ~ living 

in any unorganized county may note at any election precinct 

in the county to which such county is attached for judicial 

pu~~osea; and provided further that anj vo.ter who is subject 

to >ily a poll tax under the laws of the StL:;e of Texas shall 

have paid said tax before offering to vote at anyZelect!~on‘ 

in this State and hold a receipt showing that said poll tax 

was paid b&ore the first day of February ne:xt preceding 

such election." 

"Article 3, Section 7. No person shall be a Representative, 

uhleaa he be a citizen of the United States, and at the 

time of his election, a qualified elector of this State, 

and shall have been a resident of this State two years next 

preceding his election, the last year thereof a resident 

of the district for which he shall be chosen, and shall 

have attained the age of twenty-one years." 

The application of the above proviaiona is the function of the House of 

Representatives. 

Yours very truly, 

APPROVED NOV. 22, 1939 

a/ GERALD C. MANN 

A'M'ORNEY QNERALOFTEXAS 

MTOFOEY GERERALOF TEZAS 

*/ Walter R. Koch 

APPROVED OPINION COIMITIEE 

BY B. W. B. 

CHAIRMAN 

WRK:n/ ldw 

BY 

Walter Rt.',Koci; 

Assistant