Texas Attorney General Opinion: C-362 Page: 1 of 3
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rFo o- ECNERA. December 14, 1964
Honorable Dean Martin Opinion No. C-362
Grayson County Re: Voter Eligibility in local
Sherman, Texas option election.
Dear Mr. Martin:
In your request for an opinion you ask whether or not
certain citizens who were over 60 years of age on January 1-t,
-1963, and who have not paid a poll tax or obtained an exemp-
tion certificate, if they are otherwise qualified to vote,
will be entitled to vote in an anticipated local option elec-
tion to be held in the City of Denison on January.15, 1965.
You state in your letter that in May, 1964, the City
of Denison annexed certain property to the South of its then
southern boundary, and that this area is now incorporated into
the City of Denison. Prior to the annexation, this area was
not included in or a part of:a city having a population of
10,000 or more inhabitants. Consequently, you state that the
citizens therein who were over 60 years of age were not re-
quired to pay a poll tax or obtain an exemption certificate
for the voting year February 1, 1964 through January 31, 1965,
pursuant to Article 5.16 of the Election Code, Vernon's Anno-
tated Texas Statutes. With the annexation of this area in
May, 1964, however, the question arises as to whether or not
these overage citizens must obtain an exemption certificate
to vote in a local option election to be held January 15,
1965, which will determine the "wet-dry" status of Denison,
a city of over 10,000 population.
Article 5.16, Election Code, V.A.ToS., states:
"Every person who is exempted by law
from the payment of a poll tax, and who
is in other respects a qualified voter,
who resides in a city of ten thousand
(10,000) inhabitants or more, shall, be-
fore the first day of February of the year
when such voter shall have become entitled
to such exemption, obtain from the Tax
n .XE AlTrORNFCY GENERAL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-362, text, 1964; (texashistory.unt.edu/ark:/67531/metapth268780/m1/1/: accessed October 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.