Honorable Vera V. Fogg
County Attorney
Xardeman County
Quanah, Texas
Dear Miss Fogg: .Opinion No. O-4715
Fie: County Superintendent is not
required to pay poll tax in order
to legally serve as such officer.
.,
Your request for opinion upon the following stated question:. '::
I,. . . . .~
~.
%an a person be elected to the office of County School
Su*rintendent, and legally serve, when he has .notpaid
his poll tax, and thus is not a qualified voter of the
county in which he is elected?
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has been received and carefully considered by this department.
Article 2688, Vernon's Annotated Texas Civil Statutes, sets forth the
qualifications of the County School Cuperintendent; this Article does
not require that he pay a poll tax or be a qualified voter. Article
293, Vernon's Annotated Texas Civil Statutes, sets out the ineligibility
of certain persons to serve as public of'ficialsand prescribes residential
requirements of'such officials; this Article does not make persons vho
have not paid theif-.polltaxes or who are not qualified voters ineligible
to hold public office.
The nature and purpose of a poll tax is that of .anecessary pereqtiisite'to
the right of certain designated classes to VCM- Unless otherwi.seprovided,
the office of a poll tax is not that of a necessary prerequisite to
holding office.
it is our opinion, and you a?e so arvised, that a person
Accordingly, '
need not to have paid a poll tax in order to be elected and to qualify
for the office of County Superintendent.
Honorable Vera V. Fcgg, Page ,#2 (O-4716)
Very truly yours,
ATTORI\%YGENERAL OF TMAS
s/Wm. J. Farming
BY
Wm. J. Fanning
Assistant
APPROVED July 24, 1942
s/ GERALD C. MANN
ATTORNEY (XNFZAL OF TEXAS
APPROVED OPINION CI~MITTJ~E
BY B. W. B.
CHAIRMAN