Case Information
*1 Honorable H. D. Crawford
County Attorney
Burnet County
Burnet, Texas
Dear Sir:
Opinion NO. o-1966 Re: Whether or not the County Tax Assessor-Collector can now change the precinct number appearing on poll tax receipt3 in order .that the receipts may reflect the correct precinct number as existing at the time, of the Issuance of said re- ceipts and related questions.
Wee received your letter3 dated February 12 and 14, 1940, requestingour qplnion on certain questions based upon certain facts whFch are contained in a letter written by the Tax Ass.essor-Collector and addressed to you. We quote the facts from said letter as follows:
.' "It has developed that in one part of the county, and the same situatFon may exist in other parts .of the county, that there have been a number of resident property taxpaying voters who have been customarily voting In one voting precinct and pay- ing their poll tax in such precinct, when Ln truth and in fact they resided within the boundaries of another voting precinct. This was a result of misunderstandings on the part of the individuals as to the exaat voting precinot in which they re- sided, and they were-sunder the Impression and believ that they were paying their poll tax and voting In the correct precinct. However, a deline- ation of the lines of the various precincts shows that In these particular case3 the parties are Fn- eluded or their place of residence Included, within the boundaries of the other voting precincts." The questions are as follows: *2 Honorable H. D. Crawford, Page 2 (o-1966)
1. What is the proper method of correcting the matter so that these voters can vote in the precinct of their residence?
2. What Is the proper method of showing the same on the poll tax records.of this county?
3. "Under the circumstances above detailed, may I, as.Assessor-Collector of Burnet C,ountg, Texas, take up the poll tax receipt Issued to these parties for the year of 1939 and in lieu of the previously issued receipt issue a new receipt in the proper voting precinct and show such payment In the proper precinct on the list of qualified voters of the county.
4~. "Under the circumstances [13] It necessary that any action be taken oroan these particular voters having paid their 1939~poll tax, even though paid Inthe. wrong precinct through mutual mistake vote in.the'oorrect preolnot upon dia- playing their poll tax receipt.
5. "In one instance a young man who had not voted prior to this year sent in a sIgned-order .authcrlsing the payment of his poll tax .by another and designated In such order that he voted in one '.: precinct when in truth and In fact, he,should .have voted in an adjoining preolnot. May 1'ta~k.e up this receipt and issue's new one or is Ft necessary -to do so?” Article 2936, Revised Clvll Statutes; reads as .,
follows:
"All voters shall'vote in the election pre- cinct.l.n whloh.they reside.",
It follows from the above &atute.that a qualified voter can only vote :in the preoinot where he.or she resides. Slnoe we find nothing in the statutea~ Ln.the Constdtutlon rendering a poll tax reoe~ipt void ordisqualifying a person from voting because,an incorrect ,precinot number Was placed on.his or her receipt, the person, having, otherwise qualified, Is entitled to vote inthe precinctof his or her residence.
We are of theop~nion~that the County Tax Assessor- Collector should correcCthe reoelpts in question when the matter Is called to hisattention. This correction can-be
ma4 on the oriiilnel poll tax reeeipt by drawing 8 line the i5cormot nuder a5a i5esrting the oormat through nwber thereon.
set am alao or the oplnlon thet th4 duplioet4 copy 0r rrald poll tex noaipt, whioh is kept in the Orrio iA ths the Tex Assessor-Collsetor, should be 00rm0t4a in this *rap, the poll tar raoelpt w1l.l m- ama4 pB554r.
ri40t th4 tru4 reot8 es th4y 4xist4u et the tla4 or th4 pyltsnt 0r 13eia p0u tax.
i;e aall your ettentlon to Art1014 ?i975, vornon's Annotated Civil statutea, whlah Made, In pert, ae fOll0wst
*mror4 the rlrat day 0r April etery y4ar', the County Tax Goll4otor ahall ffslirsr t4 the Board that 1% charged with th4 duty 0r furnlshlng 4140.
tlon 8upp1143 ssp4nt4 oertiriea lists 0r olti54nr ln 4eoh precluot ohs have pal6 their poll tex 0r reoelv4d their O4rtIifoat4s or 424iiiptlim, th4 nun348 being arranged la rlphebrtloal otider snd to 4eOh nem4 Zts appropriate n4mb4r a8 ahown by th4 rbt4in4d in hl4 off104 with 4 tl4sorlr8- dUDmat ti& of tha vot4r ei to hi8 &'1913id4nO4, hiii VO&& precinot. . . .a (una4rsoorlag oura.)
Th4 above ArtlO provlff48 tbot the osrtffl4d lists of pall tax payera sh431 aontela 0 d4earlptlon of th4 rot- vot4r. It 6-e ohtar rr0R lag preolnot or the qptim4d the lan&a(fs In the above Artlule that th4 L~glslatum @on- templahd that the 04rtirt6d list4 &0ud oontela the pm- oinot number in whlah e per&ma mey lewSully vot4 sad not th4 nuaber'~r th4 prsclnot eppoarm o& a pol.1 tear reo4lpt whsre- in tb4 water oannot lawfolly v0k. This will tsntl to r6v4nt tn4 votsrrr in quest&m ml0 voting in a pr4Oinot in WdOh they ar4 not lawfully entitled t0 vote.
In antm4r to the rourth qu44tioan, w4 ur4 or th4 oplrilon that a person having a go11 tax r444lpt aontelting en lnoorrect gz~innat aurnb4r thereon is, nsvarth414es, a- titlbd to vote I.5 t&e preolnot or his reold4m4 and tb4 vote of Saiir per3on would be a lewful vot4. 3Mw4ve~, should hlo mas not be on the osrtltied Ll4t corstafniag t&4 JUISM or th4 voter3 dlllr th4 preoinot or hl4 rasidenaa, It rpap 'be that the election judg61 w0u.u r4q05ro pr00r es to hia right to tot4 fn that patiloular precinat. ft wouUl 444~~ thet
Honorable H. D. Crawford, Page 4 (o-1966)
the Tax Assessor-Collector would be the only person who could actually correct this matter.
Because of the InformatIon contained above, we do not deem It necessary to answer questions numbered 3 and 5.
Yours very truly, A!PTORN-EYGENERALOFTFXAS By /a/ Glenn R. Lewis Glenn R..Lewla Assistant By /s/ Lee Shoptkxw. Lee Shoptaw Is:m3 rmjs
APPROVEDMAR 21, 190
/s/ Garald C. Mann
ATTURNEYGENEBALOFTEXA~
APFROVJD OPINION COME$WfEE
BY= CHAIRMAN