Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN opinion Ho. Ret ./. I.. ii ~: m,... .’ 4 ot the ml.1 tax -ouina : -. $Mnorable Alwln E. Pape, pags 2 "Question "How 44n a pereon ofbr si%ty years of 664 and other- wise a qualified voter nowa reddent oi mnaalape County, Texas, where no exemption oertificate is issued to him, legally vot6) in Bexar County, Texas, where suoh sxepaption c4rtiiioate is required, after haring.been a ,reeident OS Bsxar County for aix monthe following the and of the poll tax paying period? V.C.S. of Texae Opiaiarm, Attorney @neralt Mt8: 2955, 2958, 29 9i9, O-2434 dated 6-29-&lb.m 2960, 2961; 2 2, 2966, 2%7, 296s This Departmsnti helti,gn o;r;ini.on 330. .O-P&l&: I~, i i: .,. I. F;, i:. ,( ,, ..1 . need obtain noti~$$on oertiSloaLsIn order to entltle them to ootei~ ~“It is the furtheropinionof t>is Department. that those~ exempt from the payment Oi the poll tar for the reaeon4 44t out in Artiole 2%8a, Vexnon~e Annotatsd Civil &tatutes, and resldu elrwhere thaa &n,a oity at 10,000 inhabitant4 or m4re mat obt4in an ereaption 48rtiiiO4t4 on or before the 318t day of JaIiuary of the year in u&loh they offer to vote, In orber to be entitled to aast their bsllOtsr* We are enolosing a oopy of opinionNo. 0;2bjb ior your oonvenienoe. Art10148 2968 and 2955,Vernon*8 Annotated Girl1 SOatute8, among other thing8 provide in etr44t that 4tsry perrron who 18 exempted by law from the p4Jment of the poll I tax, and who is in other respeotr a qualltled voter, who I r@siaea in a city or 10,000 inhabitante or uvxre, shall before aonorable Alwln B. Pape, paga 3 the 1st day of F’ebruuy of the year when such voter shsll have beoo31neantitled to such sxtmption obtain from the tax oolleotor of the aountp of his or her reeldanoe, a osrtlfioateehowing h&e or her exemption from the psyment~ of a poll tax. Article 2968a, Vernon's Amotated Civil Statutes, prOVid60 in p4rtz wE*4ry pertin not eubjeot to the disqualirle&Aorr set out ln Artiole 2954 of the pe~rlsed Civil Statutes of 1925, who doer not raeide in a oitp of &?,OOO i@abitants or more, aud who I8 exempt from the pa$3iiunt of the poll tax by ma8011 of the faot that he or she has not yet reaahsd the age.of 2l pears on the 18% daj 0f January prece8iag its levy, og who i8 ex4mpt .*apr the p8yment of tha poll tax beoaure ha or 8h4 ~48 not a resident of t&e State On the 1st day of January pkeoeding itA levy, bub nbo shall ha70 alnoe boOmu sllgible~to rote bg raascas of length of residtmoe or age, aball; on or before the 318t day of Jantar~ of tha gear in whioh he or aho offers to vote, obtain from the assessor and oolleotor of taxes for the county of hi4 ol: her residence a a,+rtlflaete of exemption fraaa the paymat of the 'poll t4x, and no &oh person who he4 fail4d Or refwmd to obtain 4u0h oertiricate of erunptlsn fronthe payment ot the poll tax shall be allowed to vote. . . r" ($08 the oases of,Clark 7. Stubbs 131 %Vt. (2d) 663; and Rogers v. Smith et al., 119 9.X. f2d 678) The per&mm mentions& in yOlIr inquiry are now pOr8On8 realdIng elsewhere than in a city of 10,000 inhabitant8 or aore an& are exempt from the payment of the poll tax by Article 29@, Ve~non’a Annotated Civil Statutes. Therefore, these persan4 a8ed obtalu no exemption eertlfioste in ordes to entitle them to Vote, provkled, they oontinue to reside in Guadalupe County. Rowever, if suoh persons move to San Antonio aud establfsh their reeldeuce there, before they are -titled to vote they mat obtain a oertificate of exemption BE)required by titfole 2968, Vernon’s Annotated Civil Statute8. ITnd8r tM fasts abated in pour letter, thesa p4T4On8 wi*ill mOV4t0 %ui bntMi0 aitW ITan. 31, 1942 and till be unable to seoure thefir oertifieates of exwtlon in San Antonlo, TOXW, However, such parsona, Eonarable Alwin 5.:. Paps, page & to be entitled to Vote in San Antonio, must have their axemp- tion oertlfiaates. Xowever, it auah persona reside in Bexar County and not in a city of 10,000 inhabitants or mare, it '. is not necesaa~ry ior them to obtain an exemption certificate in order to entitle the31to vote. Although the statutes do not require persons who are 60 years of age or over , residing elsewhere than in a city of 10,000 inhabitants or more and vi&o are exempt Zrom the payment of poll tax in accordance with the provisions of Article 2960, supra, need obtain no exemption oertifioatr in order tc entitle them to vote, the statutes do not prohibit such persons from obtaining exemption oertificates. Therefore, it is our opinion that the above mentioned puaons oan obtain their exemption ocrtitloatea in Ouadalups County before moving to Bexar County, and ii suoh exemption certificates are obtained beioro Pebruary 1, X%2, suoh persons will be entitled to tote in Bexar County, Texas, proyided, ruoh psmon~ shall not otherwise be disqualified, by law. Wwever, in thi8 aonneotion we want to point oat that the county or State would not be liable for the fees as prwlded by Article 2994, Vemon’a Annotated Civil Statutss, to thm tax assessor oolleotor for issuing sush exemption oertifl- catrswhsre the same sre not required by law as in the aatter underconsideration. Yours very truly ^ .,. ,J ’ ’ ,,,,,&&&L _uI -L-4.*-.:- ‘.- BY Ardell Williams Assistant