State Ex Rel. Landis v. County Board of Public InstructionState Ex Rel. Landis v. County Board of Public Instruction
This is an original proceeding in Quo Warranto to test the legality of a Speсial Tax School District election held to elect Trustees and fix millage. It is bеfore us on motion to strike returns and on demurrer to' the returns filed by the respondеnts.
The information is bottomed on the allegations charging in effect that the рrovisions of Chapter 16013, Acts of 1933; in regard to qualifications of electors entitled to vote in such election were disregarded and that the electiоn officials were directed to allow persons to vote in such election who were not qualified to vote under the provisions of that Act, which is
“An Act Relating to Qualifications of Voters in Special Tax School District Elections Held in the State of Florida.
“Be It Enacted by the Legislature of the State of Florida:
“Section 1. That all voters residing within any special tаx school district in the State of Florida, who paid a tax on real or pеrsonal property and voted in the General Election next precеding the date of holding any election pertaining to such Special Tax School District shall hereafter be entitled to vote in such last mentioned elеction.
*246 “Secton 2. All laws and parts of laws in conflict herewith are hereby sрecifically repealed.
“Section 3. This' Act shall take effect upon its becoming a law.
“Approved May 3, 1933.”
Section 1 of Article VI of Our Constitution provides:
“Section 1. Every male person of the age of twenty-оne years and upwards that shall, at the time of registration, be a citizen of the United States, and that shall have resided and had his habitation, domicile, home аnd place of permanent abode in Florida for one year and in the county for six months, shall in such county be deemed a qualified elector at all elections under this Constitution. Naturalized citizens of the United States at the time of and before registration shall produce to the registration officers his сertificate of naturalization or a duly certified copy thereof. (Amended, Joint Resolution 2, Acts 1893; adopted at general election 1894).”
Section 10 of Article XII of the Constitution provides:
“Sectiоn 10. The legislature may provide for the division of any county or counties into convenient school districts; and for the election biennially of three school trustees, who shall hold their office for two years, and who shall have the suрervision of all the schools within the district ; and for the levying and collection оf a district school tax, for the exclusive use of public free schools within the district, whenever a majority of the qualified electors thereof that pay a tax on real or personal property shall vote in favor of such levy; Provided, that any tax authorized by this section shall not exceed ten mills on the dollar in any one year on the taxable property of the district.”
It aрpears to be conceded that the election was held in conformity with the laws applying to such elections as they *247 existed prior to- the enactment of Chapter 16013, supra, and there is no allegatiоn in the information that it was not so held.
The election is one of those authоrized by the Constitution, Section 10, Article XII, supra, and, therefore . the qualifications of еlectors to vote therein are prescribed by the Constitution, Section 1, Artiсle VI, as' limited by the provisions of Section 10, Article XII, supra.
It is not competent for the Legislature, by mere legislative Act, to place restrictions on the qualifiсation of electors which will prohibit any of those electors who may be qualified to vote in such elections under the provisions of the-Constitution from рarticipating in such election.
The provision in Chapter 16013, supra, limiting the right to vote in such election to thosе who “voted in the general election next preceding the date of holding any election pertaining to such Special Tax Schools Districts” cоntravenes, and is repugnant to, the standard of qualifications' established by Seсtion 1, Article VI and Sec. 10, All. XII of the Constitution and is, therefore, of no force and effect.
The demurrer must be visited back to apply to the information and, as such, sustained and the information be quashed.
It is so ordered.