The opinion
T
'Oil.
3o,t~&ke;~avis county
hstin, Texas
3ear Sir: opinion IJO. O-7034
,Re: Y%ether a veteran who quell
under &tiole 6, ?eotlon 2a
the Texas Constitution is r
qulred to obtain a oertiiio
of exemption before he can
and related questions.
a !?ember of the armed for United States
or of.;the Armed .Foroe Res e United States,
or or”any branch QF oompo or suoh arned
rorces or Armed Force Re
cr ;&thin one year eftcr the cl.one of t.LIec: FenBar
par ir ?:kiC!? Seid lJSr iS terr~lnoted. Ii
*woviAea, bowever, th.Bt the fore,&nr: po-
vision3 of thiz section do ;iot confer the ri.~~ht to
:-:!I. :‘crrg J.. Zones -, race 2
vote u?on any yrson ?~ho is a ncnber of the rep,U%T
~!r,tablj,nkr.ent o’f the rlnitod ‘Itotes army, :IaY.v, or
:.:arine Corps; and provided further, that a.11 persons
in the amed roroes ol the United 7tGtes, or the
component brGnohes thereof not members of the reg-
fi.e$ es?.abllshment of the 1?nited States Ar.my, Davy,
or l.!arine Corps, ore hereby deolared not tombe
disqualified drum voting by reason or any Drovision
or sub-section lFifth’ or Section 1, of this’
ArtioleiW
In view of the raot that this provision WIS adopted
OS an amendmentto the Constitution arter the last session of
the Lef$slature, your request presents the problem of determi
the efrcct of such amendment, ?hioh has become s psrt of the
funndomentel lau of this State, upon prior constitutional end
stetutory ‘provislons governing the quallrioations of voters
?na the conduct ..cb : elections. -The Texas ~Zegisleture has not
been in session sinoe the efreotive date oi this .amendx+t,
end therefore no new law has been enaoted and no old.strtute
‘hs& been*amended~’ sinoe\:.that. date. All .or the ~ooagtitutlonal
ma stntutory provIsionS_ @ted endreierred:to herein were ir
efreot prior to the adoption- txP the above .amendment; end are
still in effect exoept insorer as they may hsve been repealed
or r!odiiied b.v quoh~amendment.:
Question 1: @Does::%txole VI, .$&&Son i-a’,“oi
rthe~Gonsti’tutio~,:~~ ,Texas exempt.;persona who
kome:.7n~~~~.~i~~~‘~~~~-~r.rorn.,lia~b%llty ,rar pay-
ment : of ‘a,, pdll.tax?W
.:rtiole VIII, Yeotion 1, of the Constitution 0r
Texas, euth@izes-the Legislature to impose a poll tax; and
Article VII: Seotion 3, ...provides. in part:
“One-tourth of the revenue derived rrom the
‘Xate oocupation taxes and ~011 tax’ of one dollar
on every inhabitant of the %ate, between the ages
of tlenty-one end sixty years, Ghall be set apart
annuellq for the benefit of the public free schools;
. . . .
Article 7CI,6, 2959, and 2960, Vernon’s Annoteted F:
Civil Statutes, impose Gn GnnUal poll tax and provide certai
exemptions therefrom.
‘:on. Ferry L. Zones - Page 3
?here an amendmentto the constitution predicates a
conrliot, with existina lenislation. the inaonsiste bnt statutory
yovi sionz; are repealed by implication. Stats of ??hode Island
i?. 7al:.ler
- 253 U. ?. 350, 64 L. Id. 946, -40 C- Ct 486 (1915)
Sutherlanc its Statutorr Construotion. (36. ed:‘~p~orakl, 2eo.
----~- -- a we sea no inconsist&-.-my between the above-
2+x5. Fawever.
mentl.oned oonstitutional and ststutorg provisiOnS imposine the
3,011 tax and the oonstltutional amendmentunder OOnsideratlOn.
Ike language used in the constitution&l amendment does not
indicate an intention to repeal or amend such prior laws l.m-
Tosin? the poll tax. ‘Pherefore, as previously held in our
tiltion !To. o-6821. it Is our opinion that although the person?
*&ed in the amenGent are not required, 88 a condition 6reoedc
to their rip.t to vote, to pay a poll tax Qp to hold a reoeipt
tterefor, yet the amendmentdoes not exeunt them from the m-
r.ent o': the poll tax. ::;‘a snswer ~your~ion~l in the --
m.
,&estiob~ 2: “Is the Tax: Colleotor authmized..
to issue a oertificate~af exemption to a'prson"
who comas within the terms of Artiole.VI, sec-
tion 2-a, or the ConstZtutkion of Texas, assuming
that suoh person is not ,,gtherwise exempt. from.
pay-rent ,of-e poll~,,tq?? ~. .’ .~
Althou& the‘ ooktitutional: provision :under. &nsider
Won does not mention oertifioates ofexempti'on; it. is olear
rrom a reading of the statutes that a Person who is.not exempt
rrom the nayment ot the poll tax is not entitled to a oertifi-
oate
1V exem t on. 9
?rom the payment of a poll tax, end who are theref'ore entitlei
to a certifi0ete‘%b that effect, are required to obtain suoh s
certiricnte.Y It would be foolish to say that s person who is
not exemnt from payment of a poll tax must obtain a certiri:
cate stutfng that he is exem& from such payment.
Article 2968, Vernon’s Annotated P,evised Civil %a-
tutes, provides, in pert:
‘Tvery person who is exemeted by lav: from the
5aynent of n 7011 tax, :na who is in other respects
G quu14.I.-“ied vo t er, Iho resides in a city of ten
thousand (10,000) inhabitants or more, s’:all, before
the Pirrt <lay Or February or the year nhen, such voter
shall ?.::~a becorce entitled to such exemption, obtain
rror. the Tax COliect0r 0 f the county of his or her
“l-33. Terry L. Jones - PEge k
rezldenoe, a certificate showing his or her exemption
-Fromthe payment or a noli tax.”
f\rtlcle 2968a, Vernon’s Annotated Revised Civil Stof
!ltes, Rrovides that every person not subject to certafn dls-
-ualiiicntions Who does not reside in a city of ten thousand
inhabitants or more, “and who 1s exempt from the payment of a
no11 tax by reason of the fact thet he or she has not yet
Eeaohed *the age of twenty-one years on the first day of Janu-
ary preceding ,lts levy, or who Is exempt fra the. payment oi
a no11 tax beoause he or she was not s resident of the State
on zhe first day of January preoeding its ,levy, but who shall
have since become eligl.ble~ to vote by reason of length of res
denoe or 66e,* shall obtain a certificate of exemption from t
?a-ymcnt or a poll tox, and that ‘+no such person vlho has iaile
‘~ or refused to obtain such oertificate~ of exemption fror. the
naymcnt of, a poll tax. shallbe
‘A ellkved to .vo+.e-v
Article 296Os, Vernon’s Annotated Revised Civil:-l%e
ute’s,~ enaoted in. 19l+3,~:pn,ovides a,pertirioate of exemption rc
honorably. discharged. veterati.. under~certain.. o&Stlons; but
that statute is inepplicablo beosuse it does not have efrect
until varter the Vnited States of .1nerioa has ceased the pro:
cution of the war and-hes: oonoludod a peace with all of her
onemiesoo~only kncnin ss;the Axis Pc4wers.v In our Opinion,
JTo. O-6828, we held that Wrld 315 II has-notyet ternindted
_ end tilL~not.teminate~until, ,tke.Coqess of the TnLted,Stat~
or the Tresident, .by.arith~~tjr~r~on~~;o:ongress,,~tornallp pro-
clairs that It is terminated..,.
:
3 have round no~.other statutes authorizing the is
0r certiilcetes of exemption. Sinoe, in our opinion, a. pers
who ?,ualifids under the constitutional amendmentunder oon-
sideration 3s not by reason thcreoi exempt frcm payment of t
‘poll tax, he Is therefore not entitled to a Certificate of
exenption under the above statutes. Ye answer your questlol:
ir. the negative.
^?uestion 3: “Is a person who corms within
the terns of Article ?I. section 2-a. of
the Conctitution of Texas, 2nd VJho iS othor-
:lise e qualified voter, qualified to vote
even thoug-h-he has not Raid a poll tax snd
has not obtained a ccrtificste of erenption?”
'-on. Zorry L. Jones - Paw 5
Article VI, Zection i, of the Constitution of TeXas,
r.rovides:
*The followi~ classes of !zrsons shall not be
allowed to vote in this Ztat8, to-idit:
First: Fersons under twenty-one (21) years of ege
98OOJld:Idiots and lunatics
Third: All paupers supported by any county
Fourth: All parsons convioted of any felony,
Subject to suoh 8XCeptions as the
LaCislature may nu3ke
Fifth: All soldiers, marines end seamen 8mRloyed
in the oervioa of the Army or navy of
th8 l?nited States . . . ."
(The second garemaph ol the amendmentunder aonsid
erstion limita-the vPifthv subdivision above to members of th
"rd&or 8StabliShn8nt.").
Article 2954,.Yernon*s hnnota,tedRevised Civil Stat
*ltes,' conteins'substentially the Sam provisions as.the abow
quotation.
iTtic VI7 C?eOtiOn2; of the Constitution or TeXar
?+py :;,, _~,.
.
"%+++~On SUbjeot tb.~Oas:'oic.t~a:.,rore-
eoine disqualifications, who shall have.,etta3.ned
the age of twenty-one years an6 who shall be.a..citizen
oi the United States and :'rho shall have'resided in
this Ctate one year next weoeding an election and
the last six months-nithin the riistriot or county
in vhiah such person offers to vote, shall be deemed
a qua&led elector; . . . and Rrovided rurthar,
that any voter who is subjeat to pay a poll tax
under the 1aVaS of the Ctt;t8 Of T8XaS Shall have
paid said taX befOr offering to vote at any elec-
tion in this Ctate and hole a receipt ahoy&n5 that
said poll tax was paid before the first cay of
Pebrunry next precedinr such election. . . .R
Article 2955, Vernon's Annotsted Revised Civil -tE
utes ,.containa the aume qualificstiona required of an elect<
33 those quoted Eibove, :dth the adCitiona1 provision that:
?c!rr,c 7,. .?ones - :'aCe 6 “,
n. . .~! end, ii said voter is exem3t rrom
r?ayinq a no11 tax ana resides in a city of ten
thousand (10 OOOfinhabitants or more, he or sne
must procure's oertificate showing his or her
cxeenations, as required'hy this tit1 8. . .I'
In Texas Fewer 8: Light CO. v. XroWnwoodPublic ?ervi
z., 111 9. :.f. (2) 1225 (Austin Cl v . .ipp. 37) the last quot
arovision of Artiole 2955 was upheld as ageinst'the contentior
that, the J,e~isleture had no 'power to impose such atiditionalrt
suirements.
Article 2956, Vernon's Annotated Revised Civil Stat-
utes, M&h provides r0r absentee voting, requires thet:
":.. 5uch application shall be.accomponied
by the p0ii dax receintor exemptioncertificate 0r
the elects, or, in lieu there& ,.hI@~arri$pyit: in
writi~ that sane-has been lost or,mIslaid‘....":'
h&Cl8 3004, v8rliOll'S I&i@tat8d.keVis8d civil
utes, provides, in part:
*No citizen shall b8 permAtted to vote, unless
he rirst presents to the jUdg8 0r eleotion his ~~011
tax receipt or oertifioate of exemption issued to.
.him berore'the-'.rirst day,.or February:oi:the y89r in
whioh'he cbf8rS :tO:VOta, eXo8pt asotherwise~aer-
mitted in this -title, unless,the same hasbeen IOSt
ormislaid or left at hone, in which event he
shall make'an affidavit of that fact, whioh shall
be left with the judges an6 sent by them with the
retUrnS&f
. the 818otiOn; . . W ." _~
Article 216, Vernon's Annotated renal Code of Texee
provides:
*Any judge of an eleCtiOn or primary who vJiliully
permits a persons to vote, :those name does not appear on
the list of oualified voters oi the precinct and who
fails to present his poll tax receipt or certificate of
exemption cm make efridavit or its loss or :*Isplace-
ment*or inadvertently lCit ut home, except in Cases
*vhere no CertifiCat8 of sxe:erntion or tax receint is
reclliired Shail be fined not exoeeding five hundred
dollars.:*
.. -I
..-. -'~rrp 5. Tones - ?aKe 7
It is anparent that, prior to edoption of the oon-
-;i%utional amendment Under consideration, the Iar,isleture, by
:: G ?,c;~s of the above statutes, had required presentation of
Atr+.er a poll tex receipt or s certiiicate 0r exemption as e
-rsreauisite to the rip&t to vote, except in cases trhere no
.kt,ii'icate of exemption or tax receipt is recuired. The stat
ut35 reao@ze that in soma oases no oertiricate is required,
:or example,'in the case ti a person over sixty years oi a&e
~:%o000s not reside in a city oi ten thousand inhebitants'~cx
rmre.
The constitutional enendment in question certainly
-resents enother exception. Those who qualiiy thereunder er8
not renuired to have a poll tax receipt; and, not beine exempi
rrom the tax; they are not entitled to an exemption oertiiioa-
T *lere"me;the above auoted ,.statutes are not~applioabl8~to,suc
lercos, _
Another reason-that tha%xes@i~~p6rtiiioet8 'statU
?re net applicable is this: The poll tax is levied-as or Jan
Ory 1 cb 8aCh yesr and is payable between Gotober 1 oi that y
and February 1 of the succeedin& year; and payment prior to
?ebruary 1 0r such suooeedinf: year is a prerequisite :to votin
'-* +-d~ring~,that gear%(TPeb..l..to. Feb. 1). In other words, a poll
reoeipt or~exemption certiiicate for tlie'l f&tax, obtained
~;~~ior~.to~~.98b..~l-.~l 46 Lentitles e' Qualiiie % voterito,vote the
after during 194. m&' ut the constitutional~amentient under cc
sideration imposes.an entirely different ~time limitation, to-
UitY that a person vahoat the tine of holding an election is
or who within 18 months immediately prior to the time or hold
suoh election was, a member of the armed roroes, etc., shell
not be requ%$ d to peg a poll-tax or to hold a receipt ror a
poll.tax as%eoondition ,-nrecedent to his right to vote in sue
election. For example, a person otherwise qualiried who be-
comas a member of the armed forces on or after Feb. 1, 1946,
vfould be qualiried to vote thereeiter during, 1946 vfithout
paying a poll tax, but the tine linit for obtaininK his exec!
certificate under the statute aould have eqired prior to
' Peb. 1, 1946. On the other hand, if vfe should hole that a
person who ~ualii'ies under the amendment ia entitled to and
required to obtain an exemption certificate, it ifould seemtt
folio% th?t e nenber OX?the brr&d forces discharged during
*>@.l 1945 Would he entitled to obtain an exemption certiiicr
nrior to l?eb. 1, 1946, even though the 18 months' period pre
::or:.Fcrrp L. Zones - ?aaqe 8
In *he ~nendment would expire prior to the eenel?al elaotion in
:!ovember, 1946. The ennusl poll tax is levied on a certain da
.:ud it nuat be paid by a certain date, or en exemption oer-
cificate must be obtained by a certain date, in order for eith
;;o serve as a qhslification for voting; and when proDerly ob-
r.Azeed, the raoeipt or certificate serves as evidence o? the I
to vote.during a certein year. It is apparent iron the above
tl?at these statutes could not beapplied effeatively in their
present form, to tiersons who qUSlify Under the oonstitutional
zzewirent .
Assunin&?that the Le&alstUre would now have the
:g::er to set ur, a valid rwqirement thatpersons who qualify
undoer fleoti'on 2e 0r the Constitution nust obtain a speoial c81
ti~icate ana that no such person.will be“@ermitted~to vote
f:nlers h8 Lweaent.8 such oertiiiCat8 (which~,gU~~tiOn~.ae~i8rencr
,:.. '10.7 cellad upon to de&la), yet it is 018ar that the.~Lee.sislat~
+?s r?ade no~:such..reauirement. Certslnly, a.parson who quali-
5 ies -w a voter under th Gonstitution is-not%0 be disfran-
&iC:od and reiused the rze,t to vote nerelgbebause t,he,Legis
Lcture h-as not provided 6% the isSuanOe'of~ a ceM.ficete
s:w:ii.lf: his ~uelifioation.
. -
,- 3-18 hjUr't;S 0~&8xa-t&WJ~ thx%-&&uX tha.'~8a&&k,#Sr
it-. conotrued~:,the statutory 'reguldtiofiti siid~tiha-the,,'rif~~t.;~.-a
voter'f+reely.to c.Sst his‘vote‘in the :e~re~sion:~6~;:~-s,r~ee
choice at 6n election and, in the ebS8noe~~Of S.tatUtOry -0oman
v&l1 not disfranchise him. state v. tlarMn'~'-186-~?: 7. I
111 (&arillo Civ. App. 1945>;
12 n. 'I. 952; !?ensep Vi ":il!~el~~
App. 1932);;ztretton v. Hall,
App. 1936);'Lee v. :miteheab,
civ. 4pp. 1944). The constitutionel amendment under oonsidel
tion was olearly intended to permit servicemen an& ex-service
who qualify Uhsreunder to vote tdthout paylag: 8 poll tax re?z
less of prior legislation on the subject. It would be un-
reasonable to say that the effect of the aIlendr:ent is to
disfranchise such person because,t!!ey cannot quelifg under tl
existing: exenption-certificate .statutos end because the Leci:
lature has made no special provision for them. To so hold
:;'oulJ. be to l'eder the amen&tent neanin?less nnd of no effec-
whetever.
?herel'orc, we auwer *'our euestion 3 i2 the affirn
&.
-
“0.1. 7crry I. Zones - ?a,?8 9
the “1s Tax authorized
Colleotor
-F-w
to CC u 8 on the certiried list of voters
the nanes of persons uho come within the tams
of nticle section ;?-a, of the Constitution
VI,
of Texas, but who have ;lot p3id a poll tax
and have not obtained a certificate of exemption?"
Article VI , !?ection I, 0r the Constitution or Texas,
nrovides:
"In all elections by the people the vote shall
be by bellot and the Legislature shall Rrovlde for the
cmbering or tiokets and neke such othar regulations
es my be necessaqto detect and punish fraud and
creserve the purity of the b&lot box and the Legis-
13ture may provide by 13%~ for the regtstration or all
voterg.in.all cities containing a population of ten
.,;;h,ousand inhs.bitsnts "m'.mme.,v
-. Articl3~2975; Vernon*s Annotated Revised'~givil '&at.
utea, requires that:
Y3efore the first day of April every esr, the
.County Tox.Colleotor shall deliver to the 5nerd that
.iS'.Oh3~~8d'F~th:'th8~'dUt~_~r.'f~i~~ai~'i318Oti~ SUP-
plie.s'~~separate oertiried' lists-.~r.~uifi~~' in eaoh
vecinot who hev~~bsia~'theFr~~noll tax-imreoeived
their c3rtifiostes Of exertion,"
such lists to be arranged in a oertain order and to contain c
taiz infarnation, and rurther provides for supplemntal lists
any county epntaininga tom of.'nore than ten thousand inhab-
itants.
Jzticle 3121, Vernon's .;nhotated Revised Civil Stet
utes, reads lis r0110vis:
"The county tax colleator shall deliver to the
ohairnen of the county exucutive comittee of each
Toliticol party, r0r it3 use in primry selections,
zt least five days before election day, certified and
;upplenentol lists of the oLu31ified voters of each
?pecinct in the county, arranged alphabetically 3na
by yrecifiota, on6 such ohoirmn shall place the snna
152
‘on. Ferry L. Jonas - Peg8 10
for reference in the hatis of the election ofricers
01' each election precinct before the polls are open.
"0 nrimarv aleotion shall be leCs1, unless such list
in obtsin;?d and used for reference durinw the elec-
tion. *posit0 the name 0r every voter on said list
~311 be stamped, when his vote is Cast, with 3
rubber or wooden stamp, or written with pen end ink
the words, +rimary--voted,' with the date of such
nrtiru under the same. For esoh list cb 311 the
~~uslified voters or the county who heve oaid their
nnll taxes or received their certifiosteo of axemdiion,
%he collector &all be permitted to cherr,e not more
thsn five dollars, the 23ne to be paid by the yrtg
or its chairrzn so ordaring said lists; provided, that
the chor<e of five dollars s&111 be in full for the
onrtified lists of 311 the voters or the 'county ur-
rangod by precincts, 3s herein provided.*:.
Under the statutesquoted above,~:.the:%x Colleotor
n~:thori.sed to include on the oertiried list onlfthose person
-.~t!oh3ve mid their boll tax or received theirs certificates o
mtion. inssrwk as other quolifiad voters sre not reouir
GO remer irith hin, he ?~oulb h?ve no record of'them rro!? wh
to compile a list. Ye onsmr your %estion Ii21 the ne~etive
stitution of Texas,-an6 who is other&e.a-
qualiried'voter, nualiried to vote epen
thou& his name does not-appear on the list
oft voters Fepared hy the Tax Colleotor?l~
article 216, Vernon*s Annotated Fen31 code of Tax53
quoted above, lrovides that en eleotion judge who'perrits a
nerson to vote. Whose nsrze does not annear on the list or
$mliiied votei. . . . . e-cent in casexwhere no certificate
0r exemption or t3x recei7t, is reruiredl', sh3TI7Z fined,
*llthouc;!? it ?i?lS held i,? YZ?t V. COO!':, 221 7. *!. e3;
!",;?I1 'UD. %. 1926), tkt;t .;rticlc 2975 goted above is mnck
, ," , :;e Plnd no re-wirer,ont in the ttotutes that the list
z-ust ir.olurlo 0 gereon who is ::ot ?eC.uireci to ?a:' n poll tsx (
to '-0lC n cortlficatc of exer‘ :Tticn es 0 fyr?lificotion i9r
70tinz:. iercons vko ve over sixty yeers of ye end V.tio do
1:
--on. I'erry T,. Jones - Pa+3 11
:m resiSe in a city of r!oru than ten thousand ishabitnnts, :c
rzoqle , :rould not be included in such lists because they are
:ot required to have either a poll tax recei$. nor a certifi--
+ita of exemption, yet they am entitled to vote if other-&se
~~liiiea.
In the oase of %tate v. yletoher, 50 Cr. I*. (2d) 450
(Zeamont Civ. App. 19321, it was he?.d that the fact that the
lists or voters furnished to the aleotioil judges were not in
statutory rorn did not vitiate the election.
Thora is ao rebiremant that er3ona who +alify
-.ll&P 'action 20 rerdster with the Tax 8 ollector or obtsin an
rc-mi~t ar c+rtificate rrm bin. -!hat we havo said a'bove M.t,
:~.pa~d to.certiricates .of exemption spplies with enual force
&exe, that is, 3 person viho qual$:iies~ as a voter under the
%nstitution is not to he disfrsno!!i3ca and,refused the right
to vote narely beo.a,qse.the Iap;islature has not-provided a
?rookCure ior,_nlscihg his 3ane on 3 list of voters.
Therefore, we answer your ?uestion 5 in the affirm
tive
-!Xaskin'6::: *.fio election 'jFdges.ha%e authoaitg
ko a&ihister:~oaths in &derWo~determine the
qu3liricatiohs.or a, voter?v,-'
Article XVI, "eotion
.. 2, or the Constitution or Talcr
provides, in part:
'iI. The privilege or ire8 suffrage shall
ba &&e%d*by lews regulating elections and nro-
hibitihg under sdequate penalties sll undue in?luenoe
therein Iron? power, bribery, tumult or other improper
,praotice.v
Your attention is also invited to irrticle VI, Cect
4, quoted above.
drticle 3002, Vernon'3 Annotated Revised Civil %a
utes, provides, in part:
"Judges of elections are authorized to adninister
oaths to ascertain all facts zeoessary to a fair r:rd
irqartiol election. . . .'I
-.':.-tic:e 3105, :;ernon'o ..innotilt3d Zevised Civil ?tI
!:+p?
, _... ~wovic;'cs, in nn,rt:
"on. Yerry 1. Jones - Page 12
vJudges or primary elections heve the authority,
and it shall be their duty, to administer oaths. . . .
as judges of generel elaotions 3re authorized and
required to do... . ."
It clearly appeclrs iron brtioles 3002 and 3105, quc
3bove, that election judges have authority to administer oath
to esoertain all raots necess3ry.to.a rair eleotion, includir
the qualiiioations or voters.
73 answer your 3estion 6 in the arrirmative~
?;uestion 7: "Ii 3 parson who comas within the
tarns of &tiale VI, section 2-3, of the Con-
stitution of Tex3s is ohellenged at the polls, t
csn the election judges lagally require him
,to show his quslificatiops, under oath before
permitting himto-vote?vZ '~
,.,..
:ouestion 8: "If a~-p&son who~3orm'swithin the
terms of ~rtiole YI, section 2-a;ot the Con-
stitution or Texas, and who is otherwise 3
.q&aliried voter, upon being challenged, shoves
by his own oath (and In aities of 10,000, or
more inhabitants., by<the oath of a well known
~rasidant)~th3t'he.isaquali.fieb'~voter at such
election, canthe', eleotion~~ju~,~s.:legally re-
'ruse to accept his vote?* "'
-titiola 3006, Vernon's ¬ated Revised Civil !?tv
utes, provides:
When a person offering t'o.vote shall be ob-
jected to by sn eleotion judge or a supervisor or
ohellenger, the presiding judge shell examine him
upon an oath touching tke points of such objection,
anti, if such person fails to establish his right
to vote to the setisfaction of the majority of
the judges, he shall not~vote. If his vote be
received, the word, 'sworn', shall be written
upon the poll list opposite the name of the voter."
AM.cle 3007, Vernon's Annotated 3evi3ed Civil 't
utes, proviGes:
"In any election , State, county or r:unicipal,
bein? held in any city or to.in of ten thousand
155
'on. 'erry L. Jones, ?aee 13
i.aabitents or more acoordinr! to the precedin&
Federsl census, %hen the right of an eleotm to
vote is challenged, the followiue prooeedings
shall be had:
"1. ?he judges of election shall reruse to
accent such vote of such elector unless in addi-
tion-to his own oath he proves by the oath of one
..aell :-mownresident of the vtard that he is a
cualified voter &such eleotion and in suoh ward.
"2. Then such vote is accepted, the word
fchallenp,edl shall be written on the ballot, and
-,the jUd!aeS shall cause the olerk of election to
‘.mke a.ninute of the name nor the eleotor and the
prty ~testiryinq under oebh~es to his qualirioa-
tiono, and such nezoxanda'ahall-be kept by the
county clerk of the oountp ror six months after
suoh'eleotioh is held, subject to order of the
dis.trict judge."
A++ole 217, Vernou's Annotated Zenal Code or Texa:
., .prov?&+r .-.j. ^,
;;A&- j&&b ~-.en~.~gl~~~ilbn."~o.sha~l~'refu~~ &
receive the vote of any iualiried~.electar:.who,.:r~en
his vote~is objected to, shows bg his own oath that
he is entitled to vote, or who shall reruse to de-
liver an official ballot to one entitled to vote
,. under.the law, or who shall wilfully reruse to re-
ceive .a ballot arter .one entitled to vote has
legally folded and returued saue,'shall be fined not
to exoeed five hundred dollars.*
A person who swears ralnely as to his qualiricatic
or who votes Men he knows that he is not a oualified voter:
who votes norc than once, is subject to criminal prosecution
Articles 232, 234, 236, and 241, Vernon's Ann. Yenal Code 0:
Te::as.
The constitutions1 nn:endmnt under consideratios
movides that mrsons vlho oualify thereunder, and :lho are
oth?er;;ise nualified voters, shall not be required to ray a
noll tax or to hold a Fecei?t ror a no11 ta:: as a condition
-. ‘k-wry L. Zones - Page lfc
-reaeaent to their right to vote. In answering; :!our other
:ucstions, we have held that such persons are entitled to vote
.%thout obtaininga oertifiaate of exemption and without bein!
:..;clu.:ed on the certitied lists of voters prepared by the tax
sollector. FOVJ my 3uoh a person establish his ri&.t to vote
'?-ot nay an eleotion judge require of him? Under the above
.;uoted statutes, the judge my require hip-to shm by his onn
oath (and in a city or town or 10,000 or more inhabitants, bg
?.'Ceoath of one sell known resident) that he is qualified to
x&e. The election orticials cannot legally reo.uire core.
'uoh a person is entitled to vote "in any .election
'~312 under the authority or the leas of this State, during tb
-.i:-e the ~Wtad Ctates is engaged in fighting e war, or withi
on& penr .ert.er the close of the calendaryear in which said P
io tcrFinated,v if he shorn bg'his own.oath-(and in a city ox
toma of 10,000 or nore:ihhabitsnts,, bg the~oath~;or a well km
rcnideht~): . , ;.: I..,.
.TA -1 'r-
i: That /.'
at the time of the holding of s&h eleotic
he is, or within 18 months imediately prior to the tine of
:?oldins such election was, a mmber of the armed roroes of tl
-hited 3tates QP of the Armd force Reserve of the United
^tstes, or of any branoh or omponent cart of such rmed for.
'55 ';ized:ymcce Res~erve,.or the Whited gtates ESritime Servio.
.or the United Ztates~ Yero:hant .I:arine ;-and - : (!.
;. -~ :.
2. That he is subjeot'to none ~01 the disqualiii-
cations stated in Article VI , Section 1, of the Constitution
of Texas; .ahd
.i
That he has attained the age of twentv-one yea
and is a c&en of the United Citates end has residkd in thi
state one-year next preceding such election and the last six
noutbs within the district or county in which suoh person
orrers to vote.
The statenent under oath may be either written or
oral, and we ste no objection to the use of printed a-ffilevi
rorns.
(:!otc: Ln elections "for tie purpose of issuing
bows or ot=ise lendin,: credit, or exrpend1n-zEozey or
ossminq en: debt," the Constitution, in Article VI, sectio.
je, innoses an eAIitiona1 req;irement that *to-Gy +wliried
electors who o;*> taxable nro?crtg in the C‘tzte, county,
:-‘~a. Perry L. Jones - PaEe 15
political sub-division, district, city, town or villar?;e where
Agt;;oticn is held, and who have dulg rendered the seme rc
shall be qualiried to vote and all eiectors shall F
iz the eieotion nreoinot or their res1denoe.v The sane re-
nuirenent is made in Article 2955a, Vernon*s annotsted Civil
Ttotutes; 3nd Artiole 2955b requires the Tax Collector to
furnish the election judges a certiried list or owners or ret
estate who hnve rendered sene ior taxes. In order to be
“otherwise qualiriedv to vote in this kind oi eleotion, a
yrson who quaUfies under. the COnstitUtiOml amendment unde:
con3ideration ;:ould have to meet the above requirement.)
Ye ans?ler your c.uestion 7 in the a~=iirrAative, and
your ?aestion 8 in the nerrative.
z;e;on 9: “Do gour answers to the above
ons apply to primary as vfell as q,eneral
~lections?n
The constitutional amendment under oonsideretion :
expressly sppliaeble to “any election held under the author!
or the law78 or this state” during a speoiiled period. An
examination of the many statutes euthwizing and Roverning
pr5.mrg elections (See Title 50, n~leotionsw, Vernon’s Ann.
3.3. civ. Ttstutes) impels the oonalusion that .suoh electio
are held “under the authority or the law oi this state*,
eJ& that Artiole VI, seotion 2a, oi the Constitution is ap-
?licable to primary as well as General elections.
‘:e ans?ver your ?uestion 9 in the a’frirmative.
Yours very trulg,
L’
..
Y?Tmm (x!stmAL OF Tzar
By /s/ Raymond A. Tanoh
F!L: jt :jrb Assistant
.:?z?ovm ,‘.;!I.17, 1946
/s/ Grover Sellers
i??m>m cYTR.z OF T?m”J .iP?F?OO’ED QPIXTI(T1: COT3ZIm~
DY W3, ChairRan