Untitled Texas Attorney General Opinion ( 1971 )

Honorable Robert 6. Calvert Opinion No. M-786
Comptroller of Public Accounts
Capitol Station Re: Pay for registration of
Austin, Texas 78711 voters under 21 years of
age.
Dear Mr. Calvert:
Your request for an opinion asks the following question:
"Your opinion is respectfully requested
whether the Comptroller is required to pay a
county twenty-five cents (25c) for the registra-
tion of each person under the age of twenty-one
(21) years who is not otherwise qualified to
register under Article 5.10a of the Election
Code."
Article 5.19b, Texas Election Code, provides in part:
"(1) Before April 1 of each year, the
registrar shall submit to the Comptroller of
Public Accounts a certified statement of the
total number of voters registered under Sections
43a and 44a of this Code' during the twelve-
month period ending January 31 of the year in
which the statement is submitted.
"(2) Before June 1 of the year in which
the statement is submitted, the Comptroller
shall issue a warrant to each county in the
'Articles 5.11a and 5.12a of the Texas Election Code~providing
for annual registration of qualified voters.
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Eon. Robert S. Calvert, page 2 (M-786)
amount of menty-five Cents (25C) multiplied
by the total number of voters registered ae
shown by the certified statement required by
subsection (1) of this Section. Ncwever, the
Comptroller may, before issuing a warrant, re-
quire satisfactory proof of the number of voters
registered in the county during the twelve-month
period mentioned in subsection (1) of this Section.
. . .I
In U. S. v. Arizona, U.S.-, 91 S. Ct. 260 (1970),
the United States Supreme Court upheld the power of Congress
to change the legal voting age to 18 years, applicable only to
Federal elections. The legal effect of thie decision ie to re-
move from the qualifications for eligible voter8 in Federal
elections only the 21-year age requirement. It ir therefore our
opinion that a person under the age of 21, who nevertheless is
eligible to vote in Federal elections, constitutes a qualified
voter who may register for voting in Federal elections and euch
individuals are to be included,in the "total number of voters
registered."
~You are therefore advised that the Comptroller is required
to pay a county 25o for the registeration of each person under
the age of ~21 yeprs who has registered for voting in Federal
elections only.
1
SUMMARY
The Comptroller ir required to pay a county
250 for the registration of each person under
the age of 21 years who has registered for voting
in Federal elections only.
Attor&y General of Texas
Prepared by John Reeves
Assistant Attorney General
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r
Hon. Robert S. Calvert, page 3 (M-786) : .
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Charles Parrett
Max Hamilton
Malcom Smith
William J. Craig
MEADE F. GRIFFIN
Staff Legal Assistant
NOIAWHITE
First Assistant
ALFREDWALKER
Executive,Assistant
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