OFFI& OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

YZrch 17, 1939 

Honorable Xillism L. Kerr 

District Attorney 

109th Judicial Elstrict of Texas 

Pecos, Texas 

Dear Sir: 

that &er the recent rullng~of.~tbe 'PiKsrkaaa Coart 

of Appeal8 ~5.n the ea8e ef w0a V. State, 120 8.ri8.(2d) 

955, it wuld not be proper to permit d ?'i%W to vote 

ebs+nte6while in tile COtlQt$,~ Such VOt@,S -Got&m 

to be a’baent on eleotfoxi day. hasmu& as the clerk 

itoes dot~rant t&refuse the requeet of a bona 1iQe 

voter it'he is entitled to vote I wot&t apprmdate 

your adrl8in.g fae, in that regar& ,.'~ 
Hon. ~illiaa L. Kerr, lierch 17, 1999, Page 2 

“Al80, r.!xould the clerk per&t an absentee voter 

to vote if such voter has no exemption certificate, 

such voter having become 21 years of age lc, June 

of 1938, and one such voter became of aEe February 

lst, 1939, the county involved being a county with 

population lesa than 10,000. 

*An election is SOon to be held in which the clerk 

is called upon to determnine the questions above 

end since the mattq Involve8 much public interest, 

IshaU appreai+e pu.r advW.ngnm Innradlate&y.* 

The seanid questbm ash6 by .you :n&itss to the duiy 

of the ooanty afbrk to'pcumit a mter?kW scgaS,ao~exempt%oxl 

aertifioatem to~~:%mte~abseutee. >Zf the rOt+r 43btfklnad am Sxeaption certiihhe, but ha8 b8t or, Sd.Ehid’.it, U&8x ~ubt%%visien 

2 of &t,iele 2956, Revised Civfi Statutea, a8 ameoded, such 

voter may present hL8 afiidttrito t&t street to the eofflltq~ 

alerk, who must ~tdtan permit him to vofe atraer&es, Xf however, 

a8 i8, bitplied f rust yuur letter, the Voter fatled. ti ebtib 

BP eXenptiOQ CtWttiiUate 88 PrOtided by ‘&XIV, h8 18 not entftba 

to vote absentee, You .&ate in your letter that the county 

involved la a co&q ulth a population or .leeer than 10,000 

inhabitants. The applicable statute 1s Senate l3Ul Wo. 2s8, 

tit8 44th LegiShtlES; 88&ar &f~8iOQ, Chapter 292, Page 686, 

Section 1, approved May 17, 1925, uhiah added A.rUole 296&i 

~~ath~8Eev&80d b%Vil Stat&Se, and WhfUbp~lXW~de8 in Part (Ls 

: 
Hon. William L. Kerr, March 17, 1939, Page S 

"Every persomnot subject to the %~tZqUaliriOatiOnEI 

set out in Article 2954 of the Revi8ed Civil 

Statutes of 1925, who Goes not reside in a city 

of ten thouecnd inhabitants or r",ore, and who is 

exempt froic the papent of a poll tax by reason 

of the faot that he or she ha8 not yet reacheU 

the age of twenty-one year8 on the $'irst day of 

January precedicr Its levy, or who la exempt 

from the pagment of o poll tax because he or she 

was not a resident of the State on the fir&, day 

of January preoeding It8 levy, but who shall have 

slnoe beoome ellglble to vote by reamon of 1-h 

-of re%l&moe or age, shall* on or bsfon the 

thirty-itret day of January of the y@ar In whloh 

he or she offer% to vote, obtain from the As8ossor 

wd Oolleofor of taxes for the oounty of his or 

her reeidsrure a oertifloate of exeaiptlon from the 

paymexlt of a.po3.l. tax, fina no suoh person *o has 

failed or refused to obtaiu su9h asrtlfioat% af 

exeaptiw .fran the paymat of a poll tax s&all be 

allowed to voterw 

Artlole 2909, Reviffaed aiyir Btatutar, &S&B, prorides 

that if- &aU aot be neoessaxy for a peram whe tlaer, not TWJAO 

In a olby'having a population of 3,ooO or mor$ to obtain an 

aemp$Sa&t oetilfioate where such eman retdie the a&% of 

l3l yele8 wfter ths flrat sag at % anuazy and Uforr tA0 day 

of a do~owing sleetion at whlah he or she w&her to Yot6ba 

Thie ehatute appears to be ln direot oonflla$t with tie provl%ie~% in. Artiole 2962a quoted above that *l@c# suoh psxson . 

who ha8 failed or refused to obtain such o~srtlfloats of exemption from the payfmtt 0r a poll tar Bheu b8 filiowia to vote.' 

Glnue Article 2969, Bevleed 01~11 Statutcm, adopts6 in 1922; 

la In direct and lrrsconollable eonfllot wkth Artlole 29Wla, 

Baleed Clrfl Btatutes, whioh was pemued by the Legislature 

lu 1935, Artlule 2?6Q la rqmalea by aeaeeeary lmpliaation. 

Martin v. Sheppard, I.29 Tex.llO, 102 S.W,(W) 1036; 

Tomsend Y.. Terrell, 118 Tex. 463, 16 ?.Wi(2d)lO63; 

Rqpvz.he v. St&b, 47 Tar. Or. 46, 84 8.W. BSe$ 

9t. Leula & Bouthwerstern Ry. Co. v. Xay, 85 Tex.558, 

22 6, 5. 665. 
Bon. WilfiaE L. Kerr, T%arch 17, 1939, Page 4 

For the reasons stated, we are of the opinion that 

the County Clerk sftiuld refuse to perdt a person who~has 

foil& to obtain an exemption certificate to cast en absentee 

ballot, even thou& such parson would have been le&ly entitl& 

to obtain an exemption certificate if he !la& rmde proper and 

finely application thezefor. 

Your3 very truly