Hon. Carl Periman couaty *ttornag HallCoun~ limphis,Texas Dear sin opinion x0. 0-220s Be: Uader the faots stated, am the husband aad dfe entitled t6 vote in the July priniuyof 1940 without having pPid a poll tax? Ue are pleased to reply to your letter of recent date in rhiah you request the opiaion of this departnent a8 to dmther or not the ixidividuals described w vote in the July primary of 1940 rithout holding poll tax re- ceipts for the jmr 1959. .~ ~.~ Fe quote as follows frclnyour letter for the faatual Imok&umd~to~' your requestr *Mr. Lotie hole and wife, both of whhonrwereever 21'yearS tid under SO years ofage,momdto Hall County~ T&m fromthe State of@&hom- P ia Yaroh 1959, smd established.their residence ~. in Hall County, Tens. "Mr.and Mrs. Tune desire to vote in the JUG Primmy of 1940. They do not hold a poll&ax reoeipt for the year 1939 in Texan. They msre not assessed for poll tax of 1929, bemuse theymre~not liviag in Tens oa January lst, 1939. *. . ." &tio``~2~of~Artiol6 =G+lof the~Comtitutic%i of Texas, adopted ia. July.~1921, ia part, prcmides a8 follmsr "Section 2. Every parson su%jeot ti nom of the foregoing disqurlifioationr, who shall have attaiaed~the ageof twenty-0x6 years and +o shall be a oiti- zen ofthe l&ted States and nho shall have resided iathia State oae ye8r n&t praaediw Pneleotion and the last sii months nithiathe distriot or oourhtyin which such person offers to vote, shallbe deemed a qualified elec- tors . . .I A&i01 2959, Rwised Civil Statutes of Texas, provides as follmst "Art. 2959. Lidls To Poll Tax.- A poll tax shall~lm aolleoted fram wary person betmen the ages of tmnty-6~1 and slag years who reclidediathi8 State on the first day of Jamsmy preoeding its 1% F pcrscm insane, Mind, deaf or dmb, and those nho have lost a hand or foot, Hon. Carl Perimpn, pge 2 (O-2205) or penmnsntly disabled, exsepted. It shall be paid at~sxy t3nw3betwee= the first dq of Ostober awd+he first day of Zbbrixargfollowing; udthe persoa when he ~8 it, shall la er'citledto his poll tax receipti,eve8 if his other taxes are unpaid.8 (Bmpbasis ours). Article 2955, Revised Civil Statutes of Tens, provides, im part, as follOwsr “Art. 2955. QUalifioations for Votiag. - Everg~person subjbot to EQIO of tha foregoing disqualifiaatioas who shall havs attained the age Of fiaoaty- one yevs aad who &all be (Loitiskk of the united Sti&es, ud rho shall have resided ti this State ow year next pvoediag an eleotiOm, aad the last six modA within the district or oourtg in which he or she offers to vote, shall bs deemed a qualified eleotor. The electors living in a* *or- ganiged county may vote at sa eleotion ?ieoiakt in the oamty to~whioh,kush oorm~ is rttrohed for judiolal purposes; provided that say voter who is subject to pay a poll tax under the laws of this State or ordinamoes of asy city or tom in this State, shall have pid said tax before offering to vote at pgy sleotiollin th%S State aad holds . reoeipt;shon'$agthat said polltaxwns paid before the first day ofPebi?uaryaext preceding such elmtim; . . .* (&~ph~sis ours). A persoi is nut liable for the payken+ of a poll tu sal&ss he shall hnve resided iathis State OB th&flrsf dafof JprUvjr preoedimg its levy; it follows thata person who moms to Tkmatifrom another state ia Mnrsh of the year 1939 is Bot'liable foFth& paymert of & poll tu to qual- S?y him to vote in the yekr 1940. lamest v. lroodlee,208 SW963 (Conrt of civil Appeals, nrit dismissed). &ssumimgg,therefore, that the perstis desoi%%ed -imyoUr letter ham3 oomplied with Artisle 2968a, Vtk31on's&amt8ted Civil~Stkta~s, (Acts 1936, 44th leg., p. 686, oh. 292, ) 1), p'3FtiiBitig to Certifio$68 bf %rmptiOa, you are respeatfully advised.thgt it is the opinion of~this~'Deprtmeat that they would be eatitled to vote in thk,July~&m of 1940 dthout Mviag paid a poll tax in the St&e of Tens, if tihernise qualified under the Constitntioa and Ststutes. Trusting that ms rti6faotorily answers your inquiry,we are YOursverytnlly ATTORXSY GEtTERAL OF TEXAS By /a/ ZOlliS C. SteaUey !zolliec. steakley As sistub