December 18.1954 

Modified and overruled 

in part by.Carrington v: Ra 

85 s.Ct; 775 

Non. Robert s. cahmrt opinion No. s-Ma 

Comptroller of Riblie Accounta 

Audia. Texas Re: Conatr~uction of coadtitutional 

amand,mnt kdopted November 

2. 1954, ~coiIcerniqll votlly by 

Dew Mr. Calvert; member* of the aimed forcom. 

You have requested an opinion relating to the constructIon 

ard effect of the cmstitutional amendment adopted November 2. 1954.~ 

amending Sections 1 and 2 and repealing Section Za-d Article VI, Con&ftutfon of Texas, concerning voting by members of the armed forcei. 

Your questions ars am follows: 

‘1. What i8 the affective date of tbe Constitutional 

Amendment voted upon a? th General Election on November 2, 1954, which repeala Section 2a d Arttch VI and ameads Sectioru 1 ad 2 of Article VI of tba Texas Conatitution 7 

“2. Doaa this amendment make any distinction between morbbers bf tbe regular military establishment of 

the United Statea and officers or enlisted men of the Nattonal Guard of Texas, the National Guard Reserve, the 

Officers Reserve Corps of the United States. or draftees7 

‘3. If your answer to the se$ond question is in the 

negative, will it be necessary for any member of the Armed 

Forces of the United States pr..component branches thereof, 

or in the military service of the United States, to pay his 

or her poll tax in the county in which he or she resided at 

the time of entering such service, so long as ha or she is 

a member of tha Armed Forces? 

“4. Do you construe Section 2 to mean that a poll 

tan is lo&d only on persons batxveen the ages of 21 and 

60; ani that the State poll tan levy will .still be $1.50, but 

.that members of the National Guard will still pay the State 

poll,tax of $1.00, as referred to in Articles 5840 end 

58417. 

A constitutional amendment becomes a part of the Constitution oh the date of t&e official caxwaea shorting that the amendment re- 

~d*sd a majority vote. Wilson V. state, 15 Tu. ct. App. 150 (1883); Ati’y. 

L 

4 

:: ;’ . .: 

:‘, 
T h 

Hon. Robert S. Calve&, page 2 (S-145) 

Gan. Op. s-146 (1954). The votes of the elactlon held on November 2,1954, 

were canvaaaad on November 19, 1954, and the official canvas, ahowed that 

tha ame+mant had been adopted. It therefore became effective on Novembet 19. By ita express terms, Section 2 of Article VI is aelf-executing. 

The provisions amending Sectton 1 apd repaaling.Section 2a are likewi~ 

l elf-exeCuting.and become operative without further legislation. Att’y. 

ckn. Op. S-146, l upra. All statutes In conflict with these constitu~hal 

provisions are, mow superseded. 

In answer to your mecopd question, the amendment doeN not 

make any dirtinction betaeen membera of the regular military establirhmeat of the United States and members of the National Guard, renervbtb. 

or drafteea. Revioualy, the members Ot the regular military establiahmont were diafraacbiaed. while the othei groups tidre’not. Under the new 

l wndmo +t, tb pkvlslon in Secticm,l d’~ArticJe VI disqualifying memborm 

d tb regular military establishment ban bean omitted, and no peraw’ia ., 

now dlaqualifled aa, am elactor by reason cd hia military atatua. 2io~ever,~ .~ 

l prq vla io n,beon h aa a+ded to Section 2 of Article VI which raadn: 

. 

. . . Any mamber of the Armed Fooicw of the 

United Statea or component broachs tired, or in the 

military service of the United Statea, may vote only in 

the county in which he or she resided at the time of an- 

*to r iw much l er vtc e l o lon(r aa he or ahe ia a member 

of tha Armed Forcee.” ,, 

B’ornwrly, National Guardsmen; roservlats, end dr&fteu la active l ervicr 

could vote at the place of their legal residence at the timq of voting (providod they had realdUd within the State for one year and vi&in the county 

for ain montha) without regard to the place of residence at the tima’they 

-rod service. ~Activkmember~ of ti re 

r 

lar eatebliahmant could not 

vote at all. Now, all these group= aro qua1 iod alactors It,they meet o&er 

roquirenunts, but no&a of them may vote anywhere in Texan ucept in the 

county whore they, resided when .they entered service. If a person in mlliy 

tary.service changes bia legal reaidenca to~some place other than U+cou#ity 

in Taua in which he resided :at.the time be ,enterad aorvico, he cannot vote 

ILthia state. 

Throughout this opinion t&e term “rcaidenco’ meana legal 

reaidenco aa distinguished from actual residence. 

The constitutional amendment does not change tha ruler f6r 

dekrrnintry wbat pkco ii the legal roaidanco, of the voter, nor doaa it 

rnaau that in all circumghncab a parson in military service Will ba eatitlod td .&im a voting roaidence in the county of which he waa a roeideat 

at the tluia he entered aorvica. Place of rksidance ia still to be deter- 

- in the /ame way that it has always baen. Absence from the county 

or #tata for tha plrpoao of performing military servlee doea not of itself 

‘oatrae a loaa’ob reridonce, but it ia possible for a person to abandon hia 
Hon. Robert 8. Calvwt, pege 3 (S-148) 

old reaidence and acquire a aevj rorideace duriq time d service. Tar. 

Cwat. Art. XVI. Stc.c); Clark v. Stubba, 131 S.W. Ld 663 (Tax. Civ. App. 

1939); Struble v, Strublem W Ld 279 (Tax. Civ. App. 1943)7 Rtta- 

, 177 S W 2d 2k’(Tex. Civ. App. 1943); RobinsoiXXob2d 22g’(T;x. Civ. App. 1950); 15 Tax. Jpr. 715 II i iie 

a l o, uad thereby changta hia realdeuce to s&t?& ’ 

county, ho loses hia right to vote in this &ate while he continues in atrvice, .unleas ho re-•atabliahoa hia residence in the ctxmty in which he 

roaided when he enterod urvice. Furthor. 110 ptrson who ontertd itrvice as a resident of another Star may acquire a voting resides8 in Toxaa 

whilt ht ia in rorvico. 

It is our opinion that the restriction to voting in the county 

of residence at the time of entering service applies only to persons who 

art on extended active duty. timbers of the National Guards and restrvtsts who art not on extended l ctlvt strvict and retired military ptrsonnel art not l ubjoct to thim restriction. Further, “county of residence at 

the time of entering such serviet’ means the county in which tim person 

residod at the time he began his current active l orvice. To illustrate: 

A ptraon, while rtsiding in County A. joins one of the reserve components 

but dws not go into active service. He later moves to County B. After 

he has fulfilled the ltngth of residcnco requiremsnt. he may vote in County B7 in fact, ho could vote nowhere tlat. Whtle living in County B. he is 

called into active service. During this time his place of voting is in County B. the county in which he resided when he went into active service. Afttr his release from that tour of duty. he changes his residence to County 

C. His place of voting is in County C so long.as he continws to live thert. 

If he is again called into ective service while living in County C, that is the 

place where he will vote. 

Your third qucstlon concorns the payment of the poll tax by 

persons in military service. They aro subject to paymant of a poll tan to 

the same extent and in tho samt axanne* as all other residoats of the State. 

Horotofore. by virtue of Sectian 28 of Article VI, qualifiad obetori in military service were not required to pay the poll tax as a coaditfbn precedent 

to voting during time of war ami for e certain period after its termination, 

but the recent amendment repealed this section of the Constitution. Heroafter, all persons in military service must pay a poll tax before February 

1 in order to vote, unless they come within one of the exemptions. If they. 

are exempt under the general law. they must comply with the requirements 

relating to obtaining exemption certificates. 

If a person is subject to the poll tan, he wee8 it in the county 

of his legal residence on the first day of January preceding its ltvy. L&nv. B&our. 149 S.W. 795, SO5 (Ttx. Civ. App. 1912); McCbarea vI Maad. ,f 7s,-Aa, 

ci App. 1925). It should be noted that liability to the poll tan 1 

2 qualified tlectors. 

a not 

It is levied against* residents bttw?ta.the 

I 
Hon. Robert S. Calvert, page 4 (S-148) 

agos of 21 and 60 y0ars.l regardltas of whether thoy art qualified electors. Ordinarily, a parson in military sorvico oontinuts to maintain 

his legal residence at the place whore ho resided when he enterad! norvice. In that case, he is subject to payment of the poll tax in that county, 

end he may vote in tbat county if ho is otherwise quallfiod. Howtvor, if 

he should happen tochange his residence tu some other countyduring 

military service, ho would be subject to payment of tho tax in tho county 

of his now residenco;~ but payment d the tax would not entitlo him to vote 

in %t county of his former residence, nor could ho vote in the county of 

his ntw residence. And. of course. voluntary payment of the tax in tho 

county d his former residence would not tntitlo him to vote .in that 

county. 

This brings up tho question of tho form of tho poll tax roceipt to be issued to parsons in military aervico. Thoy should bo ,iaruod 

the regular rtcoipt form and should be placed on the poll tax rolls in tht 

*am0 manner as othor poll tax payer*. In the few instancts whoro poi- 

‘sons cpango their rosidonce during military service, 6s regular receipt 

form will still be used, even though the holder cannot vote on it unless he 

is rtloasod from activeservice. As already pointed out, thore aro other 

instances in which poll tax holders aro not ontitlod to vote, yet tho statutomakes, no provision for issuance of a special form of receipt except 

where the taxpayer is,an alien or where the tax is paid after January 31. 

Arts. 5.12 and 5.14, Vernon’s’ Texas Election Code. 

In answer to your fourth question, you are advisod that tho 

recent amendment dues not make zany change in the poll tax laws. . The 

tax is levied only on residents between the sges of 21 and ~60 years. Art. 

5.09, Vernon’s Texas Election Code. The stato poll tax is still $1.50, and 

countios may levy a tax not to exceed 25 Cents. ‘<Art. 7046, V.C.S. 5&mbers of the National Guard will still pay the constitutional state ta% of 

‘$1.00 but will be entitled to exemption-from the balance uf tbo tax upon 

compliance with Article 5841, V.C.S. 

SUMMARY 

The constitutional amendment relating to voting by 

persons ,in military service,; adopted ,on~November 2. 1954, 

became effective on November 19, 1954.. The amondmont 

is self-enacting and suptrstdts all conflicting statute!. 

The ~amendment rtmoves the voting disqualificatiop 

against .mombers uf the regular military establishment. 

l Certain classes within &em ago limits at0 exempt from tho 56- 

cent statutory part of the state ta+ end from county and city poll texos. but 

all persons between 21 end 60 ere liable fur the constitutional $1.00 tax. 

Tundrt v. Hen*ltzZ;eZ23 S.W. 2d 671 (T ex. Civ. App. 1949); Art. 5.09. Vtraon'a 

Ttxas EleCticm c . 
. - 

Hon. Robert S. Calvert, page 5 (S-148) 

All persons in military servicg are now qualified electors if they meet ‘other constitutional requirements. 

However, a person in military service may vote only 

in the county in which he resided at the timeihe entered service. This restriction applies onlyto per- ~, : 

sons on extended active duty; it does not apply to members of,the National Guard and reservists who are not 

on extended, active duty. 

.., 

While absence from one’s place’ of residence during military service does not ,of itself cause a loss of 

residence, it is possible for a person to abandon his old 

residence and acquire a new one while he is in service. 

If he does so, and thereby changes the county of his residence, he cannot vote so long as he continues in service, ~; 

unless he re-establishes his legal residence in the court- ’ 

ty in which he resided when he entered service. 

The amendment repealed Section 2a of Article VI 

of the Constitution of Texas, which waived payment of 

the poll tax by military personnel as a condition precedent to voting in time of war and for a certain period 

after its termination. 

; 

Voters in military service must now comply with 

the laws relating to payment of poll tax and to obtaining, .~ 

exemption certificates to the same extent and in the sap 

manner as civilian voters. The regular receipt form ::,, 

should be used for their poll tax receipts. ,.,f 

,, 

Yours very truly, 

APPROVED: 

John Atchison 

Reviewer 

Robert S. Trotti 

First Assistant 

JOHN BEN SHEPPERD 

Attorney General