OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Haaorable Harry Boyd 

Ootlntg Attorney 

Eenderaon Qounty 

Athens, Texas 

Dear 8im 

12, 1941, reqilsrting th 

the folloM.ng qUe8tlon: 

t 20 people, 

jority of the 

oaa8olid8tlaa or 

poll two8 or 

poll tax?" 

evL86d Civil lltatutes POordoped by the Oomty 

8ohOO1 di8trlOt8 "&I the 

ority of the legally 

2ti kWlti@AOU8 .@-a 

independent school diaf 

." 

8Uah d%8t+'iot8 

(l&phasl6 is rupplled.) 

led vote# or 'legally qtullfied voter' 

eets the qrvliilaations pXW8eribed in 

eatlams 1 and 2 o? Artiale VI) and Bta- 

-2955, 

having Mlfllled all 

et seq. R.C.S.), Be $8 one who 

prereqtiislted may demand that he be 

alloved to vote. The term8 upm whioh men w vote are 

plainly set forth in the COU8titUtiOIi. The voter mud be 

8UbjOOt to none of the ti@qUB~ifia*tiOn8 net f0Pt.h in bee- 
Honorable Rarry Boyd, Page 2 

tlon 1 of Article VI of the &3iI8titUtiOllf he nnut have 

attained the age of 21 years; he must be a altlren of' 

the United State8 who ahall have re8Ided In thI8 State 

one year next preceding the eleotlon and the la& 8Ix 

months vlthin the district or oouuty In whlah he offers 

to vote. There I8 thi8 further &IgnIflcant requirement: 

II . . . . aud provided f'urther, that 

8ng voter who I8 ilubjeot to pay a poll tax 

uuder the law8 of the State of Texas shall 

have paid 8aId tax before offering to vote 

at any eleotian In thi8 8tate and hold a 

receipt ahowing that 8aId poll tax wa8 paId 

before the firrt day o? February next preoeding such eleatlon. . . ." (Art. 2955, R. 0. 8. 

Sec. 2, Art. VI, Con8titutIon.) 

As stated by the Court in Bl&k v. Pool (97 Fox. 

333, 78 9. w. 922)r 

%O reqUirellWW%t8 Ofthis 86OtiOIh Of 

the Constltutlan are 80 plain as to preclude 

ban8tructIon. It i8 alear that it wa8 I&l?&- 

ed-to prescribe, a8 a ooaditlon precedent to 

the exerclre OS the elective immahi8e, that 

all pereans subjeot, under the Oou~tltutlan aud 

lairs, to payment, 0f a poll tax, 8hould make payment thereof before the lrt day of February 

next preceding the eleotion." 

963, 

In Rarnest v. WoodlIe (Ct. of CIv. App.) 208 

9. W. the statute there being cOn8trued required the 

petition of 75 "qualified votera" to orgsniee a county. 

The court held that payment of a poll tax by tho8e subjeot 

thereto ras essential to the validity of the 8Ignatures 

on the petition. 

In Texas Power 1L L,lght Company v. Brownwood Pub110 Service Company (C.C.A., 1937) 111 S.U. (ad) l225, writ 

m&med, the San Antonio Court of Glvll Appeal8 held that 

the cltg council of the Oltg of BrowWood properly excluded, 
Honorable Barry Boyd, Page 3 

In te8tIng the f~uffIcIency of a referendum petition presented to them, the maes of those more thau 60 years of 

age vho had not secured exemption certificates aa not bei”8 

“qualified votbrs” wIthIn the provIsIon of Artiole 

11 1 of the Revised Civil Statute8. The court conoluded 

that when the rmms of there people vere 80 excluded the 

getltlon did not aan+in the signature8 of 500 bona fide 

qualified voters” presoribed in the 8tatute as a xieaeseary prerequisite to the 8ub&88Ion of the framhI8e in 

quemtlon to the vote of the people. 

On motion fox rehear&g the Court rlid# 

‘The steps required by lav for one vho 

posaeaees the other l ttrlbute8 of 8uffrage 

pre8arIbed by the I%n8titutlon are a8 e8sential, It seem8 ta ms, to qualify him a8 a 

voter In the one oa8e a8 b the other.” 

The Unguage of the Supreme Court of To-8 in 

Powell v. City of Baird, 133 Tex. 489, 128 8. W. (26) 786, 

deolded Hay 31, 1939, 58 thI8r 

"Simply 8tSted under the above oomtltutlonal provl8Ian before a voter Is qualified 

a8 such, he Iwt pay aOy poll tax that he 18 

8ubjOCt to, which has bear levied by authority 

of any State law, 8nd ruoh voter must 'hold a 

receipt shoving 8aId poll tax wal) paid before 

the 1st day of February next preoeding such 

eleatIon.1 

"It is evident Roar vbat we have arid 

that that part of titlcle 2955, RevI8ed Civil 

Statutes, supra, which require8 those 8ubject 

to the payment of olty poll taxes to pay them 

In order to qualify a8 voters In any election, 

Is valid and oanstitutlonal. In fact, under 

Section 2 of Arttale VI of our GonstItutIon, 
283 

8-h would be the lU @bOUkt Ou& put Of 

awh Smtute. Tha Statute in rrolr l 

Str tUm dOC-tiaP Of WMtitUtlW8l 

lM .C 

APPRWEDMAR 14, 1941 

ATTORNEY GXNERAL 0~ TEXAS 

COMMITTEL