Case Information

*1 T 'Oil.

3o,t~&ke;~avis county

hstin, Texas opinion IJO. O-7034

3ear Sir: ,Re: Y%ether a veteran who quell under &tiole 6, ?eotlon 2a the Texas Constitution is r qulred to obtain a oertiiio of exemption before he can and related questions.

a !?ember of the armed for United States or of.;the Armed .Foroe Res e United States, or or”any branch QF oompo or suoh arned rorces or Armed Force Re

cr ;&thin one year eftcr the cl.one of t.LIe c: FenBar par ir ?:kiC!? Seid lJSr iS terr~lnoted. Ii

*woviAea, bowever, th.Bt the fore,&nr: po- do ;iot confer the ri.~~ht to vision3 of thiz section *2 :‘crrg J.. Zones -, race 2 :-:!I.

vote u?on any yrson ?~ho is a ncnber of the rep,U%T ~!r,tablj,nkr.ent o’f the rlnitod ‘Itotes army, :IaY.v, or :.:arine Corps; and provided further, that a.11 persons in the amed roroes ol the United 7tGtes, or the component brGnohes thereof not members of the reg- fi.e$ es?.abllshment of the 1?nited States Ar.my, Davy, or l.!arine Corps, ore hereby deolared not tom be disqualified drum voting by reason or any Drovision or sub-section lFifth’ or Section 1, of this’ ArtioleiW

In view of the raot that this provision WIS adopted OS an amendment to the Constitution arter the last session of the Lef$slature, your request presents the problem of determi the efrcct of such amendment, ?hioh has become s psrt of the funndomentel lau of this State, upon prior constitutional end stetutory ‘provislons governing the quallrioations of voters ?na the conduct ..cb : elections. -The Texas ~Zegisleture has not been in session sinoe the efreotive date oi this .amendx+t, end therefore no new law has been enaoted and no old.strtute ‘hs& been*amended~’ sinoe\:.that. date. All .or the ~ooagtitutlonal ma stntutory provIsionS_ @ted endreierred:to herein were ir efreot prior to the adoption- txP the above .amendment; end are still in effect exoept insorer as they may hsve been repealed or r!odiiied b.v quoh~ amendment.:

Question 1: @Does::%txole VI, .$&&Son i-a’,“oi rthe~Gonsti’tutio~,:~~ ,Texas exempt.; persona who kome:. 7n~~~~.~i~~~‘~~~~-~r.rorn .,lia~b%llty ,rar pay- ment : of ‘a,, pdll.tax?W

.:rtiole VIII, Yeotion 1, of the Constitution 0r Texas, euth@izes-the Legislature to impose a poll tax; and Article VII: Seotion 3, . ..provides. in part:

“One-tourth of the revenue derived rrom the ‘Xate oocupation taxes and ~011 tax’ of one dollar on every inhabitant of the %ate, between the ages of tlenty-one end sixty years, Ghall be set apart annuellq for the benefit of the public free schools; . . . .

Article 7CI,6, 2959, and 2960, Vernon’s Annoteted F: Civil Statutes, impose Gn GnnUal poll tax and provide certai exemptions therefrom.

‘:on. Ferry L. Zones - Page 3

?here an amendment to the constitution predicates a conrliot, with existina lenislation. the inaonsiste bnt statutory ; are repealed by implication. Stats of ??hode Island yovi sionz i?. - 7al:.ler 253 U. ?. 350, 64 L. Id. 946, -40 C- Ct 486 (1915) its Statutorr Construotion. (36. ed:‘~p~orakl, 2eo. Sutherlanc 2+x5. Fawever. we sea no inconsist& -.-my between the above- ----~- -- a .oned oonstitutional and ststutorg provisiOnS the mentl imposine 3,011 tax and the oonstltutional amendment under OOnsideratlOn.

Ike language used in the constitution&l amendment does not indicate an intention to repeal or amend such prior laws l.m- Tosin? the poll tax. ‘Pherefore, as previously held in our tiltion !To. o-6821. it Is our opinion that although the person? *&ed in the amenGent are not required, 88 a condition 6reoedc to their rip.t to vote, to pay a poll tax Qp to hold a reoeipt tterefor, yet the amendment does not exeunt them from the m- ::;‘a snswer ~your~ion~l in the -- r.ent o': the poll tax. m.

,&estiob~ 2: “Is the Tax: Colleotor authmized.. to issue a oertificate~af exemption to a'prson" who comas within the terms of Artiole.VI, sec- tion 2-a, or the ConstZtutkion of Texas, assuming that suoh person is not ,,gtherwise exempt. from. .~ pay-rent ,of-e poll~,,tq?? ~. .’ Althou& the‘ ooktitutional: provision : under. &nsider Won does not mention oertifioates ofexempti'on; it. is olear rrom a reading of the statutes that a Person who is.not exempt rrom the nayment ot the poll tax is not entitled to a oertifi- 1V oate exem t on. ?rom the payment of a poll tax, end who are theref'ore entitlei

to a certifi0ete‘%b that effect, are required to obtain suoh s It would be foolish to say that s person who is certiricnte.Y not exemnt from payment of a poll tax must obtain a certiri: cate stutfng that he is exem& from such payment.

Article 2968, Vernon’s Annotated P,evised Civil %a- tutes, provides, in pert:

‘Tvery person who is exemeted by lav: from the 5aynent of n 7011 tax, :na who is in other respects G quu .I.- 14 “ied vo er, Iho resides in a city of ten t thousand (10,000) inhabitants or more, s’:all, before the Pirrt <lay Or February or the year nhen, such voter shall ?.::~a becorce entitled to such exemption, obtain rror. the Tax COliect0r 0 f the county of his or her *4 “l-33. Terry L. Jones - PEge k

rezldenoe, a certificate showing his or her exemption -From the payment or a noli tax.”

f\rtlcle 2968a, Vernon’s Annotated Revised Civil Stof !ltes, Rrovides that every person not subject to certafn dls- -ualiiicntions Who does not reside in a city of ten thousand inhabitants or more, “and who 1s exempt from the payment of a no11 tax by reason of the fact thet he or she has not yet Eeaohed *the age of twenty-one years on the first day of Janu- ary preceding ,lts levy, or who Is exempt fra the. payment oi a no11 tax beoause he or she was not s resident of the State on zhe first day of January preoeding its ,levy, but who shall have since become eligl.ble~ to vote by reason of length of res denoe or 66e,* shall obtain a certificate of exemption from t ?a-ymcnt or a poll tox, and that ‘+no such person vlho has iaile ‘~ or refused to obtain such oertificate~ of exemption fror. the naymcnt of, a poll tax. shallbe ellkved to .vo+.e-v

‘A

Article 296Os, Vernon’s Annotated Revised Civil:-l%e ute’s,~ enaoted in. 19l+3,~:pn,ovides a,pertirioate of exemption rc honorably. discharged. veterati.. under~ certain.. o&Stlons; but that statute is inepplicablo beosuse it does not have efrect until varter the Vnited States of .1nerioa has ceased the pro: cution of the war and-hes: oonoludod a peace with all of her onemiesoo~only kncnin ss;the Axis Pc4wers.v In our Opinion, JTo. O-6828, we held that Wrld 315 II has-notyet ternindted _ end tilL~not.teminate~until, ,tke.Coqess of the TnLted,Stat~

or the Tresident, .by.arith~~tjr~r~on~~;o:ongress,,~tornallp pro- clairs that It is terminated. .,. :

3 have round no~.other statutes authorizing the is 0r certiilcetes of exemption. Sinoe, in our opinion, a. pers who ?,ualifids under the constitutional amendment under oon- sideration 3s not by reason thcreoi exempt frcm payment of t ‘poll tax, he Is therefore not entitled to a Certificate of exenption under the above statutes. Ye answer your questlol: ir. the negative.

^?uestion 3: “Is a person who corms within the terns of Article ?I. section 2-a. of the Conctitution of Texas, 2nd VJho iS othor- :lise e qualified voter, qualified to vote even thoug-h- he has not Raid a poll tax snd has not obtained a ccrtificste of erenption?” *5 '-on. Zorry L. Jones - Paw 5 i, of the Constitution of TeXas,

Article VI, Zection r.rovides:

*The followi~ classes of !zrsons shall not be allowed to vote in this Ztat8, to-idit:

First: Fersons under twenty-one (21) years of ege Idiots and lunatics 98OOJld: Third: All paupers supported by any county

Fourth: All parsons convioted of any felony, Subject to suoh 8XCeptions as the LaCislature may nu3ke Fifth: All soldiers, marines end seamen 8mRloyed in the oervioa of the Army or navy of th8 l?nited States . . . ." (The second garemaph ol the amendment under aonsid erstion limita-the vPifthv subdivision above to members of th "rd&or 8StabliShn8nt.").

Article 2954, .Yernon*s hnnota,ted Revised Civil Stat *ltes,' conteins'substentially the Sam provisions as.the abow quotation. VI7 C?eOtiOn 2; of the Constitution or TeXar iTtic _~ ,.

?+py :;,,

.

"%+++~On SUbjeot tb.~Oas:'oic.t~a:.,rore- eoine disqualifications, who shall have.,etta3.ned the age of twenty-one years an6 who shall be.a..citizen oi the United States and :'rho shall have'resided in this Ctate one year next weoeding an election and the last six months-nithin the riistriot or county in vhiah such person offers to vote, shall be deemed a qua&led that any voter who is subjeat to pay a poll tax elector; . . . and Rrovided rurthar, under the 1aVaS of the Ctt;t8 Of T8XaS Shall have paid said taX befOr offering to vote at any elec- tion in this Ctate and hole a receipt ahoy&n5 that said poll tax was paid before the first cay of Pebrunry next precedinr such election. . . .R

Article 2955, Vernon's Annotsted Revised Civil -tE utes ,.containa the aume qualificstiona required of an elect< 33 those quoted Eibove, :dth the adCitiona1 provision that:

?c!rr,c 7,. .?ones - :'aCe “,

n . . .~! end, ii said voter is exem3t rrom resides in a city of ten r?ayinq a no11 tax ana thousand (10 OOOf inhabitants or more, he or sne must procure's oertificate showing his or her cxeenations, as required'hy this tit1 8. . .I'

In Texas Fewer 8: Light CO. v. XroWnwood Public ?ervi z., 111 9. :.f. (2) 1225 (Austin Cl v . .ipp. 37) the last quot arovision of Artiole 2955 was upheld as ageinst'the that, the J,e~isleture had no 'power to impose such atiditionalrt contentior suirements.

Article 2956, Vernon's Annotated Revised Civil Stat- utes, M&h provides r0r absentee voting, requires thet: 5uch application shall be.accomponied

":.. by the p0ii dax receintor exemptioncertificate 0r the elects, or, in lieu there& ,.hI@~arri$pyit: in writi~ that sane-has been lost or,mIslaid‘....":'

h&Cl8 3004, v8rliOll'S I&i@tat8d.keVis8d civil utes, provides, in part:

*No citizen shall b8 permAtted to vote, unless he rirst presents to the jUdg8 0r eleotion his ~~011 tax receipt or oertifioate of exemption issued to.

.him berore'the-'.rirst day,.or February:oi:the y89r in whioh'he cbf8rS :tO:VOta, eXo8pt asotherwise~aer- mitted in this -title, unless,the same hasbeen IOSt ormislaid or left at hone, in which event he shall make'an affidavit of that fact, whioh shall be left with the judges an6 sent by them with the retUrnS&f the 818otiOn; . . W ." _~ .

Article 216, Vernon's Annotated renal Code of Texee provides:

*Any judge of an eleCtiOn or primary who vJiliully permits a persons to vote, :those name does not appear on the list of oualified voters oi the precinct and who fails to present his poll tax receipt or certificate of exemption cm make efridavit or its loss or :*Isplace- ment* or inadvertently lCit ut home, except in Cases *vhere no CertifiCat8 of sxe:erntion or tax receint is reclliired Shail be fined not exoeeding five hundred dollars.:* *7 -'~rrp 5. Tones - ?aKe 7

.. -I ..-.

It is anparent that, prior to edoption of the oon- -;i%utional amendment Under consideration, the Iar,isleture, by :: G ?,c;~s of the above statutes, had required presentation of Atr+.er a poll tex receipt or s certiiicate -rsreauisite 0r exemption as e

to the rip&t to vote, except in cases trhere no .kt,ii'icate of exemption or tax receipt is recuired. The stat ut35 reao@ze that in soma oases no oertiricate is required, :or example,'in the case ti a person over sixty years oi a&e ~:%o 000s not reside in a city oi ten thousand inhebitants'~cx rmre.

The constitutional enendment in question certainly -resents enother exception. Those who qualiiy thereunder er8 not renuired to have a poll tax receipt; and, not beine exempi rrom the tax; they are not entitled to an exemption oertiiioa- T *lere"me;the above auoted ,.statutes are not~applioabl8~to,suc _ lercos,

Another reason-that tha%xes@i~~p6rtiiioet8 'statU ?re net applicable is this: The poll tax is levied-as or Jan Ory 1 cb 8aCh yesr and is payable between Gotober 1 oi that y and February 1 of the succeedin& year; and payment prior to ?ebruary 1 0r such suooeedinf: year is a prerequisite :to votin '-* +-d~ring~,that gear%(TPeb.. l..to. Feb. 1). In other words, a poll

reoeipt or~exemption certiiicate for tlie'l f&tax, obtained ~;~~ior~.to~~.98b..~l-.~l 46 Lentitles e' Qualiiie voterito,vote the % under cc

after during 194. m&' ut the constitutional~amentient sideration imposes.an entirely different ~time limitation, to- UitY that a person vaho at the tine of holding an election is or who within 18 months immediately prior to the time or hold suoh election was, a member of the armed roroes, etc., shell not be requ%$ d to peg a poll-tax or to hold a receipt ror a poll.tax as%eoondition nrecedent to his right to vote in sue ,- election. For example, a person otherwise qualiried who be-

comas a member of the armed forces on or after Feb. 1, 1946, vfould be qualiried to vote thereeiter during, 1946 vfithout paying a poll tax, but the tine for obtaininK his exec! linit certificate under the statute aould have eqired prior to

' Peb. 1, 1946. On the other hand, if vfe should hole that a

person who ~ualii'ies under the amendment ia entitled to and required to obtain an exemption certificate, it ifould seemtt folio% th?t e nenber OX? the brr&d forces discharged during *>@.l 1945 Would he entitled to obtain an exemption certiiicr nrior to l?eb. 1, 1946, even though the 18 months' period pre *8 ::or:. Fcrrp L. Zones - ?aaqe 8

In *he ~nendment would expire prior to the eenel?al elaotion in :!ovember, 1946. The ennusl poll tax is levied on a certain da .:ud it nuat be paid by a certain date, or en exemption oer- cificate must be obtained by a certain date, in order for eith ;;o serve as a qhslification for voting; and when proDerly ob- r.Azeed, the raoeipt or certificate serves as evidence o? the I to vote.during a certein year. It is apparent iron the above tl?at these statutes could not beapplied effeatively in their present form, to tiersons who qUSlify Under the oonstitutional zzewirent .

Assunin&? that the Le&alstUre would now have the :g::er to set ur, a valid rwqirement thatpersons who qualify undoer fleoti'on 2e 0r the Constitution nust obtain a speoial c81 ti~icate ana that no such person.will be“@ermitted~to vote f:nlers h8 Lweaent.8 such oertiiiCat8 (which~,gU~~tiOn~.ae~i8re ncr '10.7 cellad upon to de&la), yet it is 018ar that the.~Lee.sislat~ ,:. . +?s r?ade no~:such..reauirement. Certslnly, a.parson who quali- ies -w a voter under th Gonstitution is-not%0 be disfran-

&iC:od and reiused the rze,t to vote nerelgbebause t,he,Legis Lcture h-as not provided 6% the isSuanOe'of~ a ceM.ficete s:w:ii.lf: his ~uelifioation. - . ,- thx%-&&uX tha.'~8a&&k,#Sr 3-18 hjUr't;S 0~&8xa-t&WJ~

it-. conotrued~:,the statutory 'reguldtiofiti siid~tiha-the,,'rif~~t.;~.-a voter'f+reely.to c.Sst his‘vote‘in the :e~re~sion:~6~;:~-s,r~ee choice at 6n election and, in the ebS8noe~~Of S.tatUtOry -0oman v&l1 not disfranchise him. state v. tlarMn'~'-186-~?: 7. I 111 (&arillo Civ. App. 1945>;

12 n. 'I. 952; !?ensep Vi ":il!~el~~

App. 1932);;ztretton v. Hall,

App. 1936);'Lee v. :miteheab,

civ. 4pp. 1944). The constitutionel amendment under oonsidel tion was olearly intended to permit servicemen an& ex-service who qualify Uhsreunder to vote tdthout paylag: 8 poll tax re?z less of prior legislation on the subject. It would be un- reasonable to say that the effect of the aIlendr:ent is to disfranchise such person because,t!!ey cannot quelifg under tl existing: exenption-certificate end because the Leci: .statutos lature has made no special provision for them. To so hold :;'oulJ. be to l'eder the amen&tent neanin?less nnd of no effec- whetever.

?herel'orc, we auwer *'our euestion 3 i2 the affirn &. -

“0.1. 7crry I. Zones - ?a,?8 “1s the Tax Colleotor authorized

-F-w to CC u 8 on the certiried list of voters the nanes of persons uho come within the tams VI, section ;?-a, of the Constitution of nticle of Texas, but who have ;lot p3id a poll tax and have not obtained a certificate of exemption?" Article VI , !?ection I, 0r the Constitution or Texas, nrovides:

"In all elections by the people the vote shall be by bellot and the Legislature shall Rrovlde for the cmbering or tiokets and neke such othar regulations es my be necessaqto

detect and punish fraud and creserve the purity of the b&lot box and the Legis- 13ture may provide by 13%~ for the regtstration or all voterg.in.all cities containing a population of ten .,;;h,ousand inhs.bitsnts "m'.mme.,v

-. Articl3~2975; Vernon*s Annotated Revised'~givil '&at.

utea, requires that: Y3efore the first day of April every esr, the shall deliver to the 5

.County Tox.Colleotor nerd that .iS'.Oh3~~8d'F~th:'th8~'dUt~_~r.'f~i~~ai~'i318Oti~ SUP- plie.s'~~separate oertiried' lists-.~r.~uifi~~' in eaoh vecinot who hev~~bsia~'theFr~~noll tax-imreoeived their c3rtifiostes Of exertion,"

such lists to be arranged in a oertain order and to contain c taiz infarnation, and rurther provides for supplemntal lists any county epntaininga tom of.'nore than ten thousand inhab- itants.

Jzticle 3121, Vernon's .;nhotated Revised Civil Stet utes, reads lis r0110vis:

"The county tax colleator shall deliver to the ohairnen of the county exucutive comittee of each Toliticol party, r0r it3 use in primry selections, zt least five days before election day, certified and ;upplenentol lists of the oLu31ified voters of each ?pecinct in the county, arranged alphabetically 3na by yrecifiota, on6 such ohoirmn shall place the snna *10 ‘on. Ferry L. Jonas - Peg8 10

for reference in the hatis of the election ofricers 01' each election precinct before the polls are open. "0 nrimarv aleotion shall be leCs1, unless such list in obtsin;?d and used for reference durinw the elec- *posit0 the name 0r every voter on said list tion.

~311 be stamped, when his vote is Cast, with 3 rubber or wooden stamp, or written with pen end ink the words, +rimary--voted,' with the date of such nrtiru under the same. For esoh list cb 311 the ~~uslified voters or the county who heve oaid their nnll taxes or received their certifiosteo of axemdiion, %he collector &all be permitted to cherr,e not more thsn five dollars, the 23ne to be paid by the yrtg or its chairrzn so ordaring said lists; provided, that the chor<e of five dollars s&111 be in full for the onrtified lists of 311 the voters or the 'county ur- rangod by precincts, 3s herein provided.*:.

Under the statutesquoted above,~:.the:%x Colleotor n~:thori.sed to include on the oertiried list onlfthose person -.~t!o h3ve mid their boll tax or received theirs certificates o mtion. inssrwk as other quolifiad voters sre not reouir GO remer irith hin, he ?~oulb h?ve no record of'them rro!? wh to compile a list. Ye onsmr your %estion Ii21 the ne~etive

stitution of Texas,-an6 who is other&e.a- qualiried'voter, nualiried to vote epen thou& his name does not-appear on the list oft voters Fepared hy the Tax Colleotor?l~ article 216, Vernon*s Annotated Fen31 code of Tax53 lrovides that en eleotion judge who'perrits a quoted above, nerson to vote. Whose nsrze does not annear on the list or . . . e-cent in casexwhere no certificate $mliiied votei. . 0r exemption or t3x recei7t, is reruiredl', sh3 TI7Z fined,

*llthouc;!? it ?i?lS held i,? YZ?t V. COO!':, 221 7. *!. e3; !",;?I1 'UD. %. 1926), tkt;t .;rticlc is mnck 2975 goted above ," , :;e Plnd no re-wirer,ont in the ttotutes that the list , z-ust ir.olurlo 0 gereon who is ::ot ?eC.uireci to ?a:' n poll tsx ( to '-0lC n cortlficatc of exer‘:Tticn es 0 fyr?lificotion i9r 70tinz:. iercons vko ve over sixty yeers of ye end V.tio do

1: --on. I'erry T,. Jones - Pa+3 11

:m resiSe in a city of r!oru than ten thousand ishabitnnts, :c rzoqle , :rould not be included in such lists because they are :ot required to have either a poll tax recei$. nor a certifi-- +ita of exemption, yet they am entitled to vote if other-&se ~~liiiea.

In the oase of %tate v. yletoher, 50 Cr. I*. (2d) 450 (Zeamont Civ. App. 19321, it was he?.d that the fact that the lists or voters furnished to the aleotioil judges were not in statutory rorn did not vitiate the election.

Thora is ao rebiremant that er3ona who +alify -.ll&P 'action 20 rerdster with the Tax 8 ollector or obtsin an rc-mi~t ar c+rtificate rrm bin. -!hat we havo said a'bove M.t, :~.pa~d to.certiricates .of exemption spplies with enual force &exe, that is, 3 person viho qual$:iies~ as a voter under the %nstitution is not to he disfrsno!!i3ca and,refused the right to vote narely beo.a,qse.the Iap;islature has not-provided a ?rookCure ior,_nlscihg his 3ane on 3 list of voters.

Therefore, we answer your ?uestion 5 in the affirm tive

-!Xaskin'6::: *.fio election 'jFdges.ha%e authoaitg ko a&ihister:~oaths in &derWo~determine the qu3liricatiohs.or a, voter?v,-'

Article XVI, . . "eotion 2, or the Constitution or Talcr provides, in part:

'iI . The privilege or ire8 suffrage shall ba &&e%d*by lews regulating elections and nro- hibitihg under sdequate penalties sll undue in?luenoe therein Iron? power, bribery, tumult or other improper ,praotice.v

Your attention is also invited to irrticle VI, Cect 4, quoted above.

drticle 3002, Vernon'3 Annotated Revised Civil %a utes, provides, in part:

"Judges of elections are authorized to adninister oaths to ascertain all facts zeoessary to a fair r:rd irqartiol election. . . .'I -.':.-tic:e 3105, :;ernon'o ..innotilt3d Zevised Civil ?tI

!:+p? , _... ~wovic;'cs, in nn,rt: *12 "on. Yerry 1. Jones - Page 12

vJudges or primary elections heve the authority, and it shall be their duty, to administer oaths. . . . as judges of generel elaotions 3re authorized and required to do... . ."

It clearly appeclrs iron brtioles 3002 and 3105, quc 3bove, that election judges have authority to administer oath to esoertain all raots necess3ry.to.a rair eleotion, includir the qualiiioations or voters.

73 answer your 3estion 6 in the arrirmative~ ?;uestion 7: "Ii 3 parson who comas within the tarns of &tiale VI, section 2-3, of the Con- stitution of Tex3s is ohellenged at the polls, t csn the election judges lagally require him ,to show his quslificatiops, under oath before permitting himto-vote?vZ '~ ,.,.. :ouestion 8: "If a~-p&son who~3orm's within the terms of ~rtiole YI, section 2-a;ot the Con- stitution or Texas, and who is otherwise voter, upon being challenged, shoves .q&aliried by his own oath (and In aities of 10,000, or more inhabitants., by< the oath of a well known ~rasidant)~th3t'he.isaquali.fieb'~voter at such election, canthe', eleotion~~ju~,~s.:legally re- 'ruse to accept his vote?* "'

-titiola 3006, Vernon's &notated Revised Civil !?tv utes, provides:

When a person offering t'o.vote shall be ob- jected to by sn eleotion judge or a supervisor or ohellenger, the presiding judge shell examine him upon an oath touching tke points of such objection, anti, if such person fails to establish his right to vote to the setisfaction of the majority of the judges, he shall not~vote. If his vote be received, the word, 'sworn', shall be written upon the poll list opposite the name of the voter." AM.cle 3007, Vernon's Annotated 3evi3ed Civil 't utes, proviGes:

"In any election , State, county or r:unicipal, bein? held in any city or to.in of ten thousand *13 155 'on. 'erry L. Jones, ?aee

i.aabitents or more acoordinr! to the precedin& Federsl census, %hen the right of an eleotm to vote is challenged, the followiue prooeedings shall be had: ?he judges of election shall reruse to

"1. accent such vote of such elector unless in addi- tion-to his own oath he proves by the oath of one ..aell :-mown resident of the vtard that he is a cualified voter &such eleotion and in suoh ward. "2. Then such vote is accepted, the word fchallenp,edl shall be written on the ballot, and -,the jUd!aeS shall cause the olerk of election to ‘.mke a.ninute of the name nor the eleotor and the

prty ~testiryinq under oebh~es to his qualirioa- tiono, and such nezoxanda'ahall-be kept by the county clerk of the oountp ror six months after suoh'eleotioh is held, subject to order of the dis.trict judge." A++ole 217, Vernou's Annotated Zenal Code or Texa: ^,

., .prov?&+r -. . j.

;;A&- j&&b ~-.en~.~gl~~~ilbn."~o.sha~l~'refu~~ & receive the vote of any iualiried~.electar:.who,.:r~en his vote~is objected to, shows bg his own oath that to vote, or who shall reruse to de- he is entitled liver an official ballot to one entitled to vote under.the law, or who shall wilfully reruse to re- ,. ceive .a ballot arter .one entitled to vote has

legally folded and returued saue,'shall be fined not to exoeed five hundred dollars.*

A person who swears ralnely as to his qualiricatic or who votes Men he knows that he is not a oualified voter: who votes norc than once, is subject to criminal prosecution Articles 232, 234, 236, and 241, Vernon's Ann. Yenal Code 0: Te::as.

The constitutions1 nn:endmnt under consideratios movides that mrsons vlho oualify thereunder, and :lho are oth?er;;ise nualified voters, shall not be required to ray a noll tax or to hold a Fecei?t ror a no11 ta:: as a condition *14 -. ‘k-wry L. Zones - Page lfc

-reaeaent to their right to vote. In answering; :!our other :ucstions, we have held that such persons are entitled to vote .%thout obtaininga oertifiaate of exemption and without bein! :..;clu.:ed on the certitied lists of voters prepared by the tax FOVJ my 3uoh a person establish his ri&.t to vote sollector. '?-ot nay an eleotion judge require of him? Under the above .;uoted statutes, the judge my require hip-to shm by his onn oath (and in a city or town or 10,000 or more inhabitants, bg ?.'Ce oath of one sell known resident) that he is qualified to x&e. The election orticials cannot legally reo.uire core.

'uoh a person is entitled to vote "in any .election '~312 under the authority or the leas of this State, during tb -.i:-e the ~Wtad Ctates is engaged in fighting e war, or withi on& penr .ert.er the close of the calendaryear in which said P io tcrFinated,v if he shorn bg'his own.oath-(and in a city ox toma of 10,000 or nore:ihhabitsnts,, bg the~oath~;or a well km rcnideht~): . , ;.: I..,. .TA -1 'r- That at the time of the holding of s&h eleotic

i: /.' he is, or within 18 months imediately prior to the tine of :?oldins such election was, a mmber of the armed roroes of tl -hited 3tates QP of the Armd force Reserve of the United ^tstes, or of any branoh or omponent cart of such rmed for. '55 ';ized:ymcce Res~erve,.or the Whited gtates ESritime Servio. .or the United Ztates~ Yero:hant .I:arine ;-and - : (!. ;. -~ :.

2. That he is subjeot'to none ~01 the disqualiii- cations stated in Article VI , Section 1, of the Constitution of Texas; .ahd

.i That he has attained the age of twentv-one yea and is a c&en of the United Citates end has residkd in thi state one-year next preceding such election and the last six noutbs within the district or county in which suoh person orrers to vote.

The statenent under oath may be either written or oral, and we ste no objection to the use of printed a-ffilevi rorns.

(:!otc: Ln elections "for tie purpose of issuing bows or ot=ise ossminq en: debt," the Constitution, lendin,: credit, or exrpend1n-z Eozey or

in Article VI, sectio. je, innoses an eAIitiona1 req;irement that *to-Gy +wliried electors who o;*> taxable nro?crtg in the C‘tzte, county, *15 :-‘~a. Perry L. Jones - PaEe 15

political sub-division, district, city, town or villar?;e where is held, and who have dulg rendered the seme rc Agt;;oticn shall be qualiried to vote and all eiectors shall F iz the eieotion nreoinot or their res1denoe.v The sane re- nuirenent is made in Article 2955a, Vernon*s annotsted Civil Ttotutes; 3nd Artiole 2955b requires the Tax Collector to furnish the election judges a certiried list or owners or ret estate who hnve rendered sene ior taxes. In order to be “otherwise qualiriedv to vote in this kind oi eleotion, a yrson who quaUfies under. the COnstitUtiOml amendment unde: con3ideration ;:ould have to meet the above requirement.)

Ye ans?ler your c.uestion 7 in the a~=iirrAative, and your ?aestion 8 in the nerrative.

z;e;on 9: “Do gour answers to the above ons apply to primary as vfell as q,eneral ~lections?n

The constitutional amendment under oonsideretion : expressly sppliaeble to “any election held under the author! or the law78 or this state” during a speoiiled period. An examination of the many statutes euthwizing and Roverning pr5.mrg elections (See Title 50, n~leotionsw, Vernon’s Ann. 3.3. civ. Ttstutes) impels the oonalusion that .suoh electio are held “under the authority or the law oi this state*, eJ& that Artiole VI, seotion 2a, oi the Constitution is ap- ?licable to primary as well as General elections.

‘:e ans?ver your ?uestion 9 in the a’frirmative. Yours very trulg, L’ . . Y?Tmm (x!stmAL OF Tzar By /s/ Raymond A. Tanoh F!L: jt :jrb Assistant .:?z?ovm ,‘.;!I. 17,

/s/ Grover Sellers

i??m>m cYTR.z OF T?m”J .iP?F?OO’ED QPIXTI(T1: COT3ZIm~

DY W3, ChairRan