Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-10-05

TIC ihfdIiNiIJ va -
act of the last general assembly in re-
lation to the elective franchise, and Will
be of interest throughout the State
Sept. 29, 1904.
Hon. d. @. Eggleston, Secretary OF the
Commonwealth
Dear Sir.-As Understand the letter
of Walter Christian, esq.,, clerk OF the
hustings court Of the city of Richmond,
addressed to you and by you referred to
me, an answer is desired to the following
question
Can citizen be required to pay any
poll. taxes at least six months prior to an
election before he may be registered as
a voter?
The answer to this inquiry is furnish
ed by section 20 of the constitution,
which is the supreme law upon the sub
iect. The requirement 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 is no requirement whatever pre-
scribed in the constitution that citizen,
as a prequisite 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 ap-
plication for registration. The only re-
ouirement 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, when
ever. he shall furnish the registrar evil
dence that he has paid the poll taxes
assessed or assessable against him for the
three years next preceding that in which
he offers to register.
There is no apparent conflict between
the provision of the constitution and the
terms of section 73, chapter 946, pages
563-564. acts 1902-3-4. The act just
cited does require these poll taxes to be
paid "at least six months prior to the
eleetion," before the citizen shall be en-
titled to be registered. But, in such
case. of course, the plain provision OF
the constitution being the organic and
supreme law of the State upon this sub
ect must prevail.
1t is manifest that the legislature
could not, if it so intended, prescribe
conditions for registration and for the
exercise Of the right of suffrage, other
than or different from those prescribed
in the constitution.
If the legislature could require these
polI-taxes to be paid six mouths in adj
vance of the election, before the citizen
might be registered, then it could require
said poll-taxes to be paid twelve months
in advance of the election.
The provisions of the constitution, be-
ing plain and explicit, must pc obeyed;
and, BY their express terms, any citizen
who has. at any time before he applies
to be registered, paid the poll-taxes spe-
cited, shall be entitled to be registered, II
otherwise qualified.
The only provision of the constitution
which requires poll taxes to be paid six
months before an election, is the provision
of section 81, which section relates solely
to the right to vote, and not to the tight
to register. The section just cited pre-
scribes 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 be
shall have personally paid, to the proper
officer. "at least six months prior to the
election, all State poll taxes assessed Or
assessable against him under this con-
slitution, during the three years next
preceding that in which he shall offer to
vote" In the present year 19O4), this
provision applies only to the poll-tax tor
1908, because that is the only poll tax
assessed or assessable under the new con-
stitution for any year preceding 1904
| am very respectively,
WILLIAM A. ANDERSON,
Attorney y-General.