Case Information
*1 January 11, 1939 Hon. A. J. Bryan, Jr.
District Attorney
Hill County Hillsboro, Texas
Dear Sir:
Opini;21yiA-36 Re: - Elections in month OS January
I beg to acknowledge receipt of your letter of January 4th, wherein you seek an opinlon'as to what poll taxes should be used in your county holding an election for the Issuance of bonds In January 19, 1939, with questions a8 follow:
"Will voters be allowed to vote on a 1937 poll tax? "Will voters Abe allowed to vote on a 1938 poll tax? "Can they vote on either a 1937 or 1938 Poll tax?" questions involve the application of Section 2 and 3a,oS The above Article 6 of the Constitution of Texas and in dealing with this matter; I further call your attention to Articles 2955 and 2959, OS the Revised Civil Statutes of 1925.
You are advised, and this department has heretofore held, that a poll tax due on January lst, preceding the month OS January in which an election Is to be held, Is the correct poll-tax to be used in said eleatlon. Answering your question more specifically persons offering to vote at your election on the 19th day of January, 1939, must use their 1937 poll tax receipt whioh was due January 1, 1938. This poll tax reoelpt Is required in order to bring the voter, otherwise qualifi'ed, within the provisions of Section 2, Article.6 of the Constitution and Article 2955 of the Revised Civil Statutes of Texas, 1925, which Section 2# Article 6, contains the provisions:
. .."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 day of February next preceding such electi " on . . . . (underscored purposely)
Hon. A. F. Bryan, Jr., January 11, 1939, Page 2 In view of this section and former oDInions OS this department, a 1939 poll tax paid In January OS this year and prior to an election held In January OS ~same year, could not'be used,& qualifying one to cast his vote. I believe the above answers your questions. tie to the many questions that arise at elections concerning Qua$lSlcations of _- voters participating, I deem It necessary to call your particular attention to Section 3a of the Constitution which holds that only such electors (ones otherwfae qualified, who held their 1937 poll tax receipt or have paid same) who own taxable property in the state, county, city, town or village where such election is held and who have duly rendered the.same,Sor taxes shall be qualified to vote. 1,merely call,t w ti this Section 3a OS Article 6 of the Constit~t~~~w~ic~nap~~~es',in connection with the above.
'Yimrs iespectfuiiy.~, ATTORNEY GEN&OF~TiXAS by.. ~Wm. ;R.. lC$ _, Assistant WmK; AW/cge
APPROVED:,, ,~ ,..~' .I.' ,. c a/ Gerald C.~ Matin ATTORNRYGENERALOFTEXAS
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