OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

HaaorableHarry Boyd Ootlntg Attorney EenderaonQounty Athens, Texas Dear 8im

12, 1941, reqilsrting th the folloM.ngqUe8tlon: t 20 people, jority of the oaa8olid8tlaa

or poll two8 or poll tax?" evL86d Civil lltatutes POordopedby the Oomty 8ohOO1 di8trlOt8 "&I the ority of the legally 2ti kWlti@AOU8.@-a independentschool diaf ." 8Uah d%8t+'iot8 (l&phasl6is rupplled.) led vote# or 'legallyqtullfiedvoter' eets the qrvliilaations pXW8eribedin eatlams 1 and 2 o? ArtialeVI) 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-HonorableRarry Boyd, Page 2

tlon 1 of ArticleVI 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 eleotlonand 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? Februarynext preoeding such eleatlon.
. . ." (Art. 2955, R. 0. 8. Sec. 2, Art. VI, Con8titutIon.) As statedby the Court in Bl&k v. Pool (97 Fox. 333, 78 9. w. 922)r

%O reqUirellWW%t8

Of **this 86OtiOIh**  **Of** the Constltutlan

are 80 plain as to preclude ban8tructIon. It i8 alear that it wa8 I&l?&- ed-to prescribe,a8 a ooaditlonprecedentto the exerclreOS the elective immahi8e, that all pereans subjeot,under the Oou~tltutlan aud lairs, to payment,

0f a poll tax, 8houldmake payment thereofbefore 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 cOn8truedrequired the petition of 75 "qualifiedvotera" to orgsnieea county. The court held that payment of a poll tax by tho8e subjeot theretoras essential to the validity of the 8Ignatures on the petition.

In Texas Power 1L

L,lght Companyv. BrownwoodPub110 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,HonorableBarry Boyd, Page 3

In te8tIng the f~uffIcIency of a referendumpetitionpresented to them, the maes of those more thau 60 years of age vho had not secured exemptioncertificates 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 getltlondid not aan+in the signature8of 500 bona fide qualifiedvoters”presoribed in the 8tatuteas a xieaeseary prerequisiteto the 8ub&88Ion of the framhI8e in quemtlon to the vote of the people.

On motion fox rehear&g the Court rlid# ‘The steps requiredby lav for one vho posaeaeesthe other lttrlbute8of 8uffrage pre8arIbedby the I%n8titutlonare a8 e8sential, It seem8 ta ms, to qualifyhim a8 a voter In the one oa8e a8 b the other.” The Unguage of the SupremeCourt of To-8 in Powell v. City of Baird, 133 Tex. 489, 128 8. W. (26) 786, deoldedHay 31, 1939, 58 thI8r

"Simply 8tSted under the above oomtltutlonalprovl8Ianbefore a voter Is qualified a8 such, he Iwt pay aOy poll tax that he 18 8ubjOCt to, which has bear leviedby authority of any State law, 8nd ruoh voter must 'hold **a** receipt shoving 8aId poll tax wal) paid before the 1st day of Februarynext preoedingsuch 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 ArttaleVI of our GonstItutIon,

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APPRWEDMAR 14, 1941

ATTORNEY GXNERAL 0~ TEXAS

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