OP ll?ExAs
OERALD
c. MANN Au- ai,TExAe
Honorable Bert Ford, Administrator
Texas Liquor Control Board
Austin, Texas
Dear Sir: ~’ Refer to Division No. ,106.
Opinion’No. O-4195
Re: Would the holders of poll tax
~~~~~~P~~'~~~~~pY~~;~~ the
holders of such receipts for
the year192 (levy.of 1941)
be qualified to vote in a local
option election to be held In
January 1921 ‘_
We have given careful considerationto your recent letter from
which we quote:
“We have been asked to furnish an opinion as to the
qualificationsfor voting In a local option election
to”be‘heldin January, 1942. The quest&n is’whether
or not the holders of poll tax receipts for the year
1941 (poll tax levy .oS.
190) or the holders of poll tax
levy of 1941) would be qualified to vote in such election;
%hlle it seems-apparentfrom the statutes that the
qualificationis for poll~tax receipts for the year
1941, since the question involves an interpretationof
law under the general election statues, we would
appreciate your direct advise on this question..”
We respectfully’referyou to Section 2.0S Article VI of the
Constitutionof Texas, reading in part as follows:
“Every person subject to none of the foregoing dlsquallfi-
cations (referringback to Section 1, Article 6, persons
under age, Idiots, paupers, etc.) who shall have attained
the age of twenty-one years and who shall be a cltlien of
the United States and who shall have resided in this State
one year next preceding an election and the last six months
withinthe district or county in which such person offers
to vote, shall be deemed a qualified elector; provided,
Honorable Bert Ford, Page 2 O-4195
that electors living In any unorganizedcounty-mayvote at
any electionprecinct in the county to which such county is
attached.Sorjudicial purposes;, and provided further,
that any voter who Is subject to pay a poll tax under the
laws of the State of Texas shall have paid said tax before
offering to vote at any election in this State and hold a
receipt showing that said poll tax was paid before the first
aay***- election. .
@mph&is ours)
Pursuant to the above constitutionalprovision, which by Its terms
is self-enacting,the Legislatureenacted Article 2955 of the
Revised Clvil~Statutesin almost the same language. The statute
includes literally the above underscored language as contained in
the Constitution.
This department.has,heretoSore,ruled that for elections held during
the month of January of any year, a person required by law to have
paid a poll tax, must hold a receipt showing payment of the tax
prior to February 1st oS.the preceding year. See Opinion No. O-36,
attached hereto.
._.~ Answering your questlon~speclSlcally, you are advised that it
would be necessary for a voter, not ,otherwlseexempt from the
poll tax requirement,and participatingIn a local option
election to be held in January, 1942, to have a poll tax receipt.
evidencing payment of same prior to February 1, 191. Payment of
the poll tax due prior to February,'l,1942 (currentlypayable)
would not be sufficientunder the above quoted con'st5.tutional
provision and cited statute.
, Yours 'verytruly
A'M'ORNEYG~RALOFTEXAS
Si/BenjamltiWoodall
BY
APPROVED DECEMBER 4, 191 Benjamin Woodall
a/ Grover Sellers Assistant
FIRST ASSISTANT ATTORREY GENERAL'.".
APPROVED Opinion Committee
By BWB, .Chalrman
BW:RS/cge