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Opinion No. 35-1122

August 2, 1935

BY: FRANK H. PATTON, Attorney General

TO: Hon. Fred J. Voorhees, District Attorney, Raton, New Mexico.

{*77} We have your letter of August 1, 1935 regarding qualifications for voters at the election to be held in Colfax County on the issuance of county bonds to erect a courthouse.

Under the provisions of Section 10, Article 9 of the State Constitution, only "qualified electors of the county who paid a property tax therein during the preceding year" are entitled to vote at such an election. In my opinion, this language is broad enough to include a person who has paid a tax upon personal property as well as real property. I do not think, however, that it includes a person who has merely bought a license plate for an automobile. Such registration fee may be in lieu of a property tax but in my opinion it is not a property tax. Where ex-service men have property exceeding in value the amount of their exemption and have paid a tax during the preceding year, I think they should be entitled to vote.

Trusting that this gives you the information desired, I am

By QUINCY D. ADAMS,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.