Case Information
*1 OFFICEOFTHEATTORNEYGENERAL AUSTIN
January 16th, Hon. Bazel 9. Beckham, Exeoutlve Secrety$?---.....-..- -._~ ..-, --_- State Commission for the Blind
State Office BuJJdlng
Austin, Texas
Dear E.kckm:
296Sa aa the Your request i
or Rot it is n~oessar
an exelmptfon oertlfi primaries end in the
less than 10,000 en reoeived by this offioe.
.-.
the Revised Uivll Statutes of 1923, ?zho does nut reside In a oity of 10 000 inhabi- tants or more, and who is exempi from the payment OS a poll tax bJT reason of the faot that he or aha has not get reaohsd the age of 21 years aa the flxst day of Jaauarp pm- oeding it.8 levy ~orwho 29 eXem@ fram the payment of a poh tax baeauss he or she wan not a resident of the state on the first d8Y *2 Hon. Hazel II, &ckhhan, January 16th, 1939 82
of January preoeding its levy, but who s!lall have since become eligible to vote by reason of length of residence or age, s:inll, on or boiore the ;Ilst day of Janu- ary of the yesr I5 which he or she oifere to vote, obtain from tile Usessor or Col- lector OS taxes Sor the county of his or her rtisidenca, a oertifioate of exemption .xpon the payment OS a poll tax, and no suoh person V&C 1~s fniled to refuse to obtain a certiSic&e oS exemption fromthe payment of a poll C-ax shall be allowed to vote." The oaption to Article 2968a as enaoted w the 44th Legislature of the State OS Texas, Regular Session, reads in part as Sollows:
* * * * * *providing ror the issu- anoe of a certificbate OS examption with- out oost to certain qualified voters not subject to the payment of a'p0l.l tax* * *.
It.is' our opinion that toters who are other- wise qualified, but who are blind end reside in a oity of 10,000 inhabitants or less, are entitled to vote without an exemption oertifioate. It ia our opitliott :.
that Artiole 2968a only requires an exemptLo@ oerbui- oate for persona rrho are exempt fromthe paymant Of a poll tax by reason of the iaot that he or she hae no* reaohed the age OS 81 yeare on the first day OS Yam- ?
ary prodsding its levy or who ia exempt Srom the w- me&, of a poll tax beoauee he or she was not a reaLdent ai the atate on the first day OS January preooding its l&y. .The oaption of this bill states that 20s purme la to provide for an exemption oertifioate for oertain persone and the body OS the bLl.1 itself cm4 stater that the twa olasses above nsmed s&Ulhave an exemp- tian oertlfloate, an8 it ia our opihion that it 'irtil) the $ntention of the Legislature to only requfre an ezemp- tion csrtifiaate for the two olaases named and not for blind persons.
Yours very truly RHCtob
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AYTORNES GZNERAL OF TEU2