Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1904-10-05
Taxes Paid, Can Register.

VIII anu pOintS out tDe luNallultN
of requirement of an act of the
last general assembly in relation
to the elective franchise, and will
be of interest throughout the State:
Sept. 20, 1904.
Hon. ID. .. Eggleston. Secretary
of the Commonwealth:
Dear Sir:-As | understand the
letter of Walter Christian, Esq,
clerk of the husting court of the
city of Richmond. addressed to you
and by you referred to me, an
answer is desired to the following
question:
Can a citizen be required to pay
any poll-taxes at least six months
prior TO an election before he may
he registered as a voterl
The answer to this inquiry is
furnished by section 20 of the con
stitution, which is the supreme
law upon the subject. The require
ment of that section in this regard
Is that the citizen, before he shall
be entitled TO register, must have
personally paid to the proper
officer all State poll-taxes assessed
or assessable against him under
this or the former constitution for
the three years next preceding
that in which he offers to register.
There i no requirement what
ever prescribed in the constitution
that a citizen, as Il prerequisite to
the right to register, shall have
paid these poll taxes six months
prior to any election, or even at
any fixed period of time prior to
his application for registration.
The only requirement is that he
shall have paid them before he
shall be entitled to be registered.
He is, therefore, entitled to be
registered, if otherwise qualified.
whenever he shall furnish the
registrar evidence that he has paid
the poll taxes assessed or assessa-
ble against him for the three years
next preceding that in which he
offers to register.
There is an apparent conflict
between the province of the con-
stitutiOn and the terms of section
73, chapter 346, pages 563-564,
acts l902-3-4. The act Just cited
does require these poll taxes to be
paid at least six months prior to
the election" before the citizen
shall be entitled to he registered.
But, in such case, of course. the
plain provision of the constitution
being the organic and supreme law
of the State upon this subject must
prevail.
1t is manifest that the legislature
could not, if it so intended, pre-
scribe conditions for registration
and for the exercise of the right of
suffrage, other than or different
from those prescribed in the con-
Stimtion.
If the legislature could require
these poll taxes to be paid six
months in advance of the election.
before the citizen might be regis
tered, then it could require said
poll taxes to be paid twelve months
in advance of the election.
The provisions of the constitu-
ton, being plain and explicit, must
be obeyed; and, by their express
terms, any citizen who has. at any
time before he applies to be regis
tered, paid the poll taxes specified,
shall be entitled to be registered, if
otherwise qualified.
The only provision of the conSti-
tuition which requires poll taxes to
be paid six months before an cleo
ton, is the provision of section 21,
which section relates solely to the
right To vote, and not to the right
to register. The section Just cited
prescribes that, after the first OF
January, 1904, no person shall be
entitled to vote in any election
Except one who served in the
Civil war; until and unless he Shal
have personally paid, to the proper
officer, "at least six months prior
to the election, all State poll take,
assessed or aSSesSable against hin
under this constitution, during the
three years next preceding that il
which he shall offer to vote. = In
the present year Q90A, this pro
vision applies only to the polI-ta,
for 1903. because that is the only
poll-tax assessed or aSsoSsablc m
der the news constitution for any
year preceding 1904.