OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Haaorable Harry Boyd
OotlntgAttorney
Eenderaon Qounty
Athens, Texas
Dear 8im
12, 1941, reqilsrtingth
the folloM.ng qUe8tlon:
t 20 people,
jority of the
oaa8olid8tlaaor
poll two8 or
poll tax?"
evL86d Civil lltatutes PO-
ordoped by the Oomty
8ohOO1 di8trlOt8 "&I the
ority of the legally
2ti kWlti@AOU8.@-a
independentschool dia-
f 8Uah d%8t+'iot8
." (l&phasl6 is rupplled.)
led vote# or 'legally qtullfiedvoter'
eets the qrvliilaationspXW8eribed in
eatlams 1 and 2 o? Artiale VI) and Bta-
-2955, et seq. R.C.S.), Be $8 one who
having Mlfllled all prereqtiislted may demand that he be
alloved to vote. The term8 upm whioh men w vote are
plainly set forth in the COU8titUtiOIi.The voter mud be
8UbjOOt to none of the ti@qUB~ifia*tiOn8net f0Pt.hin bee-
Honorable Rarry Boyd, Page 2
tlon 1 of Article VI of the &3iI8titUtiOllf he nnut have
attained the age of 21 years; he must be a altlren of'
the United State8 who ahall have re8Ided In thI8 State
one year next preceding the eleotlon and the la& 8Ix
months vlthin the district or oouuty In whlah he offers
to vote. There I8 thi8 further &IgnIflcantrequirement:
II. . . . aud provided f'urther,that
8ng voter who I8 ilubjeotto pay a poll tax
uuder the law8 of the State of Texas shall
have paid 8aId tax before offering to vote
at any eleotian In thi8 8tate and hold a
receipt ahowing that 8aId poll tax wa8 paId
before the firrt day o? February next preoed-
ing such eleatlon. . . ." (Art. 2955, R. 0. 8.
Sec. 2, Art. VI, Con8titutIon.)
As stated by the Court in Bl&k v. Pool (97 Fox.
333, 78 9. w. 922)r
%O reqUirellWW%t8 Of this 86OtiOIh Of
the Constltutlanare 80 plain as to preclude
ban8tructIon. It i8 alear that it wa8 I&l?&-
ed-to prescribe,a8 a ooaditlon precedent to
the exerclre OS the elective immahi8e, that
all pereans subjeot, under the Oou~tltutlanaud
lairs,to payment,0f a poll tax, 8hould make pay-
ment thereof before the lrt day of February
next preceding the eleotion."
In Rarnest v. WoodlIe (Ct. of CIv. App.) 208
9. W. 963, the statute there being cOn8trued required the
petition of 75 "qualifiedvotera" to orgsniee a county.
The court held that payment of a poll tax by tho8e subjeot
thereto ras essential to the validity of the 8Ignatures
on the petition.
In Texas Power 1LL,lghtCompany v. Brownwood Pub-
110 Service Company (C.C.A., 1937) 111 S.U. (ad) l225, writ
m&med, the San Antonio Court of Glvll Appeal8 held that
the cltg council of the Oltg of BrowWood properly excluded,
Honorable Barry Boyd, Page 3
In te8tIng the f~uffIcIency of a referendum petition pre-
sented to them, the maes of those more thau 60 years of
age vho had not secured exemption certificatesaa not be-
“qualifiedvotbrs” wIthIn the provIsIon of Artiole
11 1 of the Revised Civil Statute8. The court conoluded
i”8
that when the rmms of there people vere 80 excluded the
getltlon did not aan+in the signature8of 500 bona fide
qualified voters” presoribed in the 8tatute as a xieaes-
eary prerequisiteto the 8ub&88Ion of the framhI8e in
quemtlon to the vote of the people.
On motion fox rehear&g the Court rlid#
‘The steps required by lav for one vho
posaeaees the other lttrlbute8 of 8uffrage
pre8arIbedby the I%n8titutlonare a8 e8sen-
tial, It seem8 ta ms, to qualify him a8 a
voter In the one oa8e a8 b the other.”
The Unguage of the Supreme Court of To-8 in
Powell v. City of Baird, 133 Tex. 489, 128 8. W. (26) 786,
deolded Hay 31, 1939, 58 thI8r
"Simply 8tSted under the above oomtltu-
tlonal provl8Ian before a voter Is qualified
a8 such, he Iwt pay aOy poll tax that he 18
8ubjOCt to, which has bear levied by authority
of any State law, 8nd ruoh voter must 'hold a
receipt shoving 8aId poll tax wal)paid before
the 1st day of February next preoeding such
eleatIon.1
"It is evident Roar vbat we have arid
that that part of titlcle 2955, RevI8ed Civil
Statutes, supra, which require8 those 8ubject
to the payment of olty poll taxes to pay them
In order to qualify a8 voters In any election,
Is valid and oanstitutlonal. In fact, under
Section 2 of Arttale VI of our GonstItutIon,
283
8-h would bethe lU @bOUkt Ou&put Of
awh Smtute. Tha Statute in rrolr l
Str tUm dOC-tiaP Of WMtitUtlW8l
lM .C
APPRWEDMAR 14, 1941
ATTORNEY GXNERAL 0~ TEXAS
COMMITTEL