Article VI, Section 2 of the Texas Constitution
As amended November 6, 2001:
(a) Every person subject to none of the disqualifications provided by Section 1 of this article or by a law enacted under that section who is a citizen of the United States and who is a resident of this State shall be deemed a qualified voter; provided, however, that before offering to vote at an election a voter shall have registered, but such requirement for registration shall not be considered a qualification of a voter within the meaning of the term "qualified voter" as used in any other Article of this Constitution in respect to any matter except qualification and eligibility to vote at an election.
(b) The Legislature may authorize absentee voting.
(c) The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence in elections from power, bribery, tumult, or other improper practice.
Editor Comments
As adopted in 1876, this section read: "Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and who shall have resided in this State one year next preceding an election, and the last six months within the district or county in which he offers to vote, shall be deemed a qualified elector; and every male person of foreign birth, subject to none of the foregoing disqualifications, who, at any time before an election, shall have declared his intention to become a citizen of the United States, in accordance with the federal naturalization laws, and shall have resided in this State one year next preceding such election, and the last six months in the county in which he offers to vote, shall also be deemed a qualified elector; and all electors shall vote in the election precinct of their residence; provided, that electors living in any unorganized county, may vote at any election precinct in the county to which such county is attached, for judicial purposes."
In 1876, no provision in the state constitution connected the poll tax to voting. In 1902, this section was amended to make payment of the poll tax a prerequisite for voting. In 1966, the requirement was removed.
Recent Decisions
None.
Historic Decisions
- Mills v. Bartlett, 377 S.W.2d 636, 637-38 (Tex. 1964) ("In Linger v. Balfour, Tex.Civ.App., 149 S.W. 795, no writ history, the question was raised as to whether Atkinson, a single man, had resided in Oldham County for the last preceding six months preceding the election so as to qualify him as a voter. He was a native of Milam County and a student. During vacation time he came to Vega and declared his intention of becoming a resident of that community. . . . At the time of the general election he returned to Vega for the purpose of voting. The Court of Civil Appeals went so far as to hold that even under those circumstances he was a resident of Oldham County and qualified to vote.")
- Koy v. Schneider, 218 S.W. 479, 483 (Tex. 1920) ("We do not regard the proceedings of the constitutional convention relative to woman suffrage as bearing on the right of women to participate in primaries under an act of the Legislature. Such proceedings related only to the participation of women in governmental elections and not to their participation in the acts of any nongovernmental, voluntary groups of citizens, clothed with no ultimate power to fill constitutional or other offices, to amend Constitutions, or to impose tax burdens. . . . We answer, 'No,' to the certified question, having determined that there is no conflict between the legislative act and section 2 of article 6 of the Constitution.")
- Waples v. Marrast, 184 S.W. 180, 183 (Tex. 1916) ("A political party is nothing more or less than a body of men associated for purpose of . . . . The purpose of their primary elections is merely to enable them to furnish their nominees as candidates for the popular suffrage. In the interest of fair methods and a fair expression by their members of their preference in the selection of their nominees, the State may regulate such elections by proper laws, as it has done in our general primary law, and as it was competent for the Legislature to do by a proper act of the character of the one here under review. But the payment of the expenses of purely party elections is a different matter.")
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)