Case Information
*1 January 9. 1939 Hon. Forrestar Hancook
Distrlat Attorney
Wuahaahla, Texas
Dear b. Haaaook:
opinion NO. o-42 Re: Poll Tax Your telegram or Janwry 6, 1039 aa rollora, re+ 'WAXAHACHIE TRX JAN $ 1939 GERALD C. MANN ATTORNEYGRNERALOFTEXAS AUSTMTFX- WHAT POLLTAX IS ??ECESSARYTG VGTE GA INDEPERDXHI SCROOL DISTRICT BOND I;;Sti TO BE HELD JANUARY 7 1939 ASSUMIH: ONE RAS PAID HIS 1933 POLL TAX'BUT FAILED TO PAY HIS 1937 POLL TAX IS SUCH A PERSON ELIGIBLE TO VGTE IN TIlE AFGRXSAID ELECTION? KCRX OPINION IF PossIBLE-
In ruply thereto, the following wire was sent to pa da or totlay:
"AUSTIN Tax JANUARY 7 1959 EONFORRESTERRANCOCK
DISTRICT ATTORNEY WAXAHACHIE TEX QUALIFIED VOTERS ELECTION TODAY OUR OPINIOH PERSON WITH 1930 FOLL TAX RECEIPT ONLY NOT QUALIFIZD VOTER PXRSON '::'ITR 1937 ?OLL TAX RECEIFT IS QUALIFIED SEE ARTICLE 2955 REXISED STA'l'UTXS AND NEIL VERSUS PILE 75 SOlJTRbXSTZRIi SECOND 899 -
ATTORNEY GENERAL c;F TEXAS BY GXO S BEXRY ALSISTANT" ,' I *2 Hon. Forrester Eakoook, January 9, 1939
In conrinaation or your wire hereinabove quoted, thie ie to adivse yhat by an opinion of Honorable Earl Street, Assistant Attorney General, on December 20, 1935, in hi.8 letter opinion addressed to Hon. Don Parker, County Auditor, Eaatland, Texae, the following was his holding:
"Article 2935, R.C.S. and court opinion or Neil v. Pile, 75 S. W. (Zd) 899, to errect that if a person offers to vote during tha month of January 1936, he need not have paid the poll tax which ia now due, but whioh he has until January 31, 1936 to pay.
If he paid his poll tax prior to Jammy 31, 1935, .that 18, if he holds what is cmtaonly kuowu ae a "1935 Poll Tax Reoeipt* he is eligible to vote during the month of January 1936. If he does not hold suah receipt than he is not eligible to vote during said month even though he may have paid the poll tax which ,is now due and payable, that is, what is commonly kuowu as the : *1936 Poll Tax Reoeipt." :.
Your attention ie espeolallp aalled to that part of Artiole 2955 Revised Civil Statutes of Texas of 1925, which in part reada as followa:
I)... holds a reoeipt showing that said poll tax was paid before the first day of February next pre- ceding such eleotion;. . .*
We believe that the opinion heretofore given by Rr. Street, and stated above, is the law and the rule ia therain aorreatlg atated.
Believelng that we have made the situatiou olear to you, we are
Yours very truly ATTORNEY GENERRL OF TEXAS BY (sign&d) Gee. S. Berry Assistant GSB:RS
APPRGVED:
(signed)
Gerald C. Eann
ATTORREY'~GERERAL GF TEXAS