Austin v. Dozier
Austin v. Dozier
Opinion of the Court
Section 59 of the Civil Code (1910), after declaring the general right of a voter to cast his ballot under the terms of the registration law, concludes with the proviso “that no person shall be qualified to vote at any election unless he shall have paid all taxes due at least six months before the same, except when said election is held within six months from the expiration of the time fixed by law for the payment of said taxes.” It is declared by the constitution of 1877, art. 2, sec. 1, par. 3: “To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all taxes which may have been required of him since the adoption of the constitution of Georgia of 1877, that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior
Learned counsel says: “Plaintiffs in error are and were registered and qualified voters of Miller County, and their names were ,so certified by the tax-collector, as required by law, to the defendants in error. The defendants in error left their names off of voters’ list without giving them any notice at all, and without giving them an opportunity to be heard before them. Petition was brought to force them to restore their names to the list from which they were illegally stricken. Demurrer was filed to the petition, and court sustained it and dismissed the suit. Case is here for review excepting to the judgment sustaining the demurrer.” As stated by counsel, the facts alleged are to be taken as true against the demurrer. There is no question as to this; but in failing to show by the petition that the applicants had paid all taxes due by them, and thus tacitly admitting that they had not paid their taxes, the fact that they were not entitled to be put upon the list of registered voters certified by
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.