Texas Attorney General Opinion: O-5808 Page: 4 of 5
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Honorable Arnold Smith, Page 4
Both Artiol* 5840 an Article 5841 oontain s clear roognition
and affisution of the feat that ilitimen eligible thereundor
are to be asosesd for that portion oat the poll tax vh-ohi t
levied by the Constitution, and thus that these statutes et-
toot a adaution rather than an exemption. Consequentwy,
tuitiAmn eligible umndo these Articles ust pay an annual'
poll tax of one dollar before their poll tax liability is .
dieoarged, and, under the provisions of the Oontitution and
of Artiolo 300 4 quoted supra, such payment must be made be-
tore Fobrary lt and the eoeipt theefor presented to the
oleetinj jwdge4 or otho vi seomted for under this Artiole,
befoa . suh allitia ae entitled to vote.
We ake this explanation of the effects of Artioles
58010 ad 5841 pe the right toe vot because your letter sem-
ingly rqtleot a belief on the part of four lo 0 ur offi-
oos that thsoe Artioles alone exempt itiamei tf payment
of the poll tax .ad entitle them to vote provided the require-
monts of the Articles are complied ith.
With rospeot to the filg 1 o lit f aillitiame
by their ecanding officer, *saild in our Opinion 3o. 03053
a . . # In this emotion it should be
noted tst the *ertifiate of the orsndii n
officer required has referee to the military
duties d& ahrged during the a lendar yer pt-
**ding the January 1st on which the tax is as-
* tor the ourent year.' In other vords,
disobarge oft military duties during the oalendar
ar 1940 serve a as the basis for a partial ex-
emption frm the poll tax assessed as of Janu
ary 1, 1941, not as a basis for a limited exeap
tion tram that poll tax asessed4 as of January
1, 1940. This is made olear by that portion of
Artiole 581 whieh sta tes that such perseos
'shall not be assessed to any poll taxes what-
ever, other than the poll tax of one Cla1r pre-
soribed by the Constitution for the support of
the publlo sohoolo fo the eurreat year; . .
when read in connection with tint portion re-
quiring the oerti t oate the eusand of t-
oer to be furnished between January ad Aprl
I of the current year, to oertify ag to l!tt r
duties during the 'pyOeding ear.'
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5808, text, January 26, 1944; (https://texashistory.unt.edu/ark:/67531/metapth263087/m1/4/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.