Case Information
*1 Honorable R. T. Burns
County Attorney
Walker County
Huntsville, Texas
Deer Sir: Opinion NO. O-1702
Re: May a person who has hot paid his poll tax be a c#ndidate for Repreaentt%tit+&
This will acknowledge receipt of your telepam of November 15, 1939, and your letter of November 17. We wish to thank you for the able brief which you submitted with your letter.
The question aa presented to ua in your telegram reads:
'tiould like to know definition of 'qualified elector' and if person who has not peld poll tax ia eligible to have name placed on ballot for representative in special election?" We regret to ad&e that we are not an$horized to enawer your question for the reason that the Constitution of Texas, in Article 3, Section 8, gives to the House of Representatives the exclusive power to determine the eligibility of its members, in the following language:
'Each House shall be the judge of the qualifications and election of its own members."
In Dickson v. Strickland, 114 Tex. 176, 265 S. W. 1012, the Supreme Court of Texea waa asked to.pesa upon the qtilifications of Mrs. Miriam A. Ferguaon for Covernor of the State but held that neither it nor the district court haa jurisdiction to entertain the question because Section 3, of Article 6 of the State Constitution placed the determination of the question in the Legislature. Said Greenwood, J., in the opinion:
"The Constitution, having committed to the Legislature, and withheld from the budiciary, the power to determine the eligibility of all elective state officers of the executive department, such Rower of determin&tion-n must be exercised by the Legislature and could not be granted away tothe courts, . . ." "If it is the Constitution which provides that a nonjudicial tribunal shall settle such cases, the deciaion,thereof by such tribunal is beyond judid,iiil control, unless pleinl:~ authorized by the Constitution itself."
Hon. R. T. Burns, Page #2 (o-1702)
If the courts oi this state ere without jurisdiction in such CPXS certainly it woLiLd be beyond the authority of the Attorney General to attempt to decide such questions.
Whenever the House of Representatives is called upon to pass upon the qualifications of one of ite members, it will, of course, be guided by the following provisions of the Texas Constitution:
"Article 6, Section 2. Every person subject to none of the foregoing disqualifica'iiona, who shall have attained the age of twenty- ,one years and who shall be a citizen of the United States and who shall have resided in this State one year next preceding an election and the last six months within the district or county in which such person offers to vote, shallbe deemed a qualified elector; provided, that elerora ~ living in any unorganized county may note at any election precinct in the county to which such county is attached for judicial pu~~osea; and provided further that anj vo.ter who is subject to >ily a poll tax under the laws of the StL:;e of Texas shall have paid said tax before offering to vote at anyZelect!~on‘ in this State and hold a receipt showing that said poll tax was paid b&ore the first day of February ne:xt preceding such election."
"Article 3, Section 7. No person shall be a Representative, uhleaa he be a citizen of the United States, and at the time of his election, a qualified elector of this State, and shall have been a resident of this State two years next preceding his election, the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-one years."
The application of the above proviaiona is the function of the House of Representatives.
Yours very truly, APPROVED NOV. 22, 1939 MTOFOEY GERERALOF TEZAS a/ GERALD C. MANN
A'M'ORNEY QNERALOFTEXAS Walter R. Koch */ APPROVED OPINION COIMITIEE
BY B. W. B.
CHAIRMAN BY Walter Rt.',Koci;
Assistant WRK:n/ ldw