, .-
HE A OECNEY GENERAL
0,~~ TEXCAS
Honorable Clyde E. Smith, Jr. Opinion No. C-323
County Attorney
Tyler County Rer Whether persons in
Woodville, Texas military service are
required to be
registered voters in
order to vote for
Dear Sir: federal offices.
In your opinion request you state that the County
Clerk of Tyler County has received applications for absentee
ballots from a number of persons in military service who want
to vote for the national candidates only, in the coming general
election, and who have neither paid a poll tax nor registered
to vote for federal offices without payment of the poll tax as
provided in Article 5.02a of the Texas Election Code. You ask
the following question:
4
Is a serviceman who is subject to payment
of the poll tax entitled to vote for federal
offices if he has neither paid the tax nor
registered in accordance with Article 5.02a of
the Election Code?
As a general qualification for voting in Texas, a
person'who is subject to payment of the poll tax must have
paid the tax prior to February 1 preceding the election. Tex .
Const., Art VI, Sec. 2; Tex. Elec. Code, Art. 5.02. With
respect to the 1964 general election, this requirement would
mean that every person who-was a legaliesident of Texas on
January 1, 1963, and was between 21 and 60 years old on that date,
met,have paid the 6tBte poll taxby Jmiiuery31, 19G4, in ,order
to vote in-the election. Persons who b7erenot 21 years old on
January 1, 1963, or who were not legal residents of the State
(i.e., who were not claiming Texas as their place of domicile
or permanent residence) on that date, but who will have attained
age and residence requirements by election day, are required
to obtain a certificate of exemption from payment of the poll
Honorable Clyde E. Smith, Jr., page 2 (C-323)
tax at least 30 days before.the date of the election. Tex .
Elec. Code, Art. 5.17.
The 24th Amendment to the United States Constitution,
which was ratified in late January of 1964, prohibits a State
from requiring payment of a~poll tax as a condition of,voting
for the!offices which we refer to in this opinion as "federal
offices." Section 1 of the 24th Amendment reads as follows:
"Section 1. The right of citizens o,fthe
United States to vote in any primary or other
election for President or Vice President, for
electors for President or ,Vice President, or
for Senator or Representative in Congress,
shall hot be denied or abridged by the United
States or any State by reason of failure to
pay any poll tax or other tax."
In anticipation of the possible ratification of the
24th Amendment, which Congress had proposed in 1962, the'Texas
Legislature in1963 enacted Article 5.02a of the Texas Election
Code as contingent legislation to become effective in the event
the proposed federal constitutional amendment was ratified. The
date on which the Texas statute *as to go into:effect was fixed
as "the date of publication of the certifying statement of the
Administrator of General Services that the amendment had become
valid as a part of the Constitution of the United States." That
certi,fyingstatement was published on February 5, 1964. Ac-
cordingly, Article 5.02a took effect on that date.
Subdivision 1 of Article 5.02a reads:
"Subdivision 1. Qualification and requirenrents
for voting for federal offices. Notwithstanding any
other provision of this Code or of the Constitution
of this state, the payment of the poll tax shall not
be required as a condition for voting for United
States Senator, for United States Representative
(including Congressman-at-Large), or for President
and Vice-President or electors for President and
Vice-President of the United States, in any general,
: special, or primary election. To be eligible to vote
for such offices, a person must be a qualified elector
under the Constitution and laws of this state in all
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Honorable Clyde E. Smith, Jr., page 3 (C-323)
other respects, If he is not subject to payment
of the poll tax, he must have obtained an exemption
certificate in accordance with the provisions of
this Code if he is required to hold an exemption
certificate as a condition for voting generally.
If he is subject to payment of the poll tax, he
must have paid the tax and obtained a receipt
therefor prior to the first day of February
preceding the election; or he must have obtained
a poll tax receipt without payment of the tax, in
the manner and within the time provided in
Subdivision 2 of this section."
Subdivision 2 provides in part:
"Subdivision 2. Issuance of poll tax receipts
without payment of the tax. A person who is subject
to payment of the poll tax and who is in other
respects a qualified elector may apply to the tax
collector of the county of his residence at any
time between the first day of October and the
thirty-first day of January following for issuance
of a poll tax receipt without payment of the tax,
to be used to identify him in voting for offices
enumerated in Subdivision 1 of this section during
the voting year beginning on the first day of
February thereafter; provided, however, that a
receipt to identiL@ the voter at elections held
during the voting year in which this section takes
effect may be obtained at any time within the
period of thirty days after the effective date * * *."
Under the provisions of Article 5.02a, a person who
is subject to payment of the poll tax must either have paid the
tax or have obtained a poll tax receipt without payment of the
tax within the prescribed time limits, The registration period
for the current year under S&division 2 of Article 5.02a was
from February 5, 1964 through l%rch 6, 1964. These requirements
apply to persons in military service as well as to all other
voters.
Subdivision (i) of Section 459, Title 50, Appendix,
United States Code, should be noticed. It reads as follows:
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Honorable Clyde E. Smith, Jr., Page 4 (C-323) ,,
" * * * No person inducted into, or enlisted
in, the armez forces for training and service under
this title &J'niversalMilitary Training and Service
Acti shall, during the period of such service, as a
condition of voting in any election for President,
Vice President, electors for President or Vice
President, or for Senator or Member of the House of
Representatives, be required to pay any poll tax or
other tax or make any other payment to any State or
political subdivision thereof."
This statute, enacted in 1948, makes a similar pro-
vision with respect to persons fulfilling their military duties
under the Universal Military Training and Service Act as that
which the 24th Amendment now makes the,law of the land with
respect to all persons. Although a State may not require any
person to pay a poll tax as a condition of voting for the
listed offices, neither the statute nor the Amendment affects
the power of a State to require registration, where no charge
is made therefor, as a condition of voting for these offices.
Effectiveness of Article 5.02a of the Texas Election Code was
made conditional on ratification of the 24th Amendment, but it
covers all voters subject to payment of the poll tax and requires
registration of all such voters who wish to qualify for voting
for federal offices without payment of the tax, regardless of
whether the source of their entitlement is the 24th Amendment or
the Universal Military Training and Service Act.
The question you have submitted is of general interest
to county officials throughout the State. It appears that there
has been a widespread misunderstanding among military personnel
on the requirements for qualifying to vote for federal offices
without payment of the poll tax. It is hoped that the misunder-
standing will be eliminated by a recent publication issued by
the Directorate for Armed Forces Information and Education,
Department of Defense, Washington, D. C., which supplements its
publication "Voting Information 1964," and incorporates changes
in the laws cfthe various States since the basic material in
that publication was distributed. The supplement, issued under
date of September 4, 1954, contains the following statement on
Texas law:
"Persons who registered under the new
registration system for voting for Federal
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Honorable Clyde E. Smith, Jr., page 5 (0323)
offices without payment of the poll tax
(effective5 February 1964) prior to 6 March
1964 may vote in the General Election for
President,Vice~:Pretident, U. S. Senator, and
U. S. Represeniztives. Persons who did not
register under the new system on or before
G March 1964, and who did not pay the poll
tax, are 'noteligible to vote for Federal
officers in the 3 November 1964 General
Election."
In order to be eligible to vote for federal
offices in the 1964 general election, a person
who is subject to payment of the state poll tax
must either have paid the tax by January 31, 1964,
or have registered to vot,efor these offices without
payment of the tax, as provided in Article S.02a
of the Texas Election Code, by March 6, 1964. These
requirenientsapply to voters who are in military
service as -11 as t,ovoters generally. The term
"federal offices" includes the following: President,
Vice President, electors for President or Vice
President, Wited States Senator, United States
Repres,entative(includingCongressman-at-Large.J
Pours very truly,
WAGGONW CARR
Attormy General
Assistant
MRWtsj:bk
APPR(NED:
OPINION CWITTti
W. V. Qeppeft, Chairman
Linward Shivers
Pat Bailey
Kerns Taylor
Jerry Brock -1543-
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Honorable Clyde E. Smith, Jr., Page G (C-323)
APPROVED FOR THE ATTORNEY GENERAL
BY: Roger Tyler
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