Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 38-1960

May 24, 1938

BY: FRANK H. PATTON, Attorney General

TO: Hon. Perry Sears Capitan, New Mexico

{*238} In answer to your letter of May 23rd regarding the right of ex-service men who have used their tax exemption in full to vote in a bond election wish to say that if you have reference to a county or a municipal bond election then the answer to your question must be in the negative.

It has always been the opinion of this office that one must have actually paid a property tax in order to be eligible to vote in such elections.

If, however, you have reference to a school bond election, then it is not necessary to be a taxpayer in order to be eligible to vote. The constitutional amendment merely requires ownership of real estate located within the district.

 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.