Answers to Go
SAN MARCOS PUBLIC LIBRARY
625 E. Hopkins St.
512-393-8200
What is a poll Q.tax? What is the history of the poll tax in Texas? When did it start and end?
A poll tax is a fee paid for the A. right to vote. Poll taxes in Texas were generally used to suppress the voting rights of Black, Hispanic and economically disadvantaged people. Women were also a target of the poll tax after receiving the vote in 1920. It served as a barrier for women since they typically did not have their own money.
During and following the Civil War, three amendments to the U.S. Constitution were passed that were supposed to protect the rights of citizens. Unfortunately, they resulted in measures that had the opposite effect. The 13th Amendment abolished slavery in the United States by stating that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The 14th Amendment, passed in 1865 granted citizenship to all persons “born or naturalized in the United States” (including former slaves) and provided them with “equal protection under the laws.” Then, the 15th Amendment, ratified in 1870, stated that, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” These measures directly led to poll taxes and other limitations on the rights of formerly enslaved African Americans and other marginalized people.
During the Reconstruction period after the Civil War, many former slaves registered to vote and ran for public office because of these new rights. This involvement in government frightened many in the existing hierarchy who did not want African Americans to participate or have any power. In an effort to neutralize the advances laid out in the amendments, state legislation was passed that, while not directly contradicting the Constitutional amendments, made participation in government very difficult. The Poll Tax in Texas was one of the ways that the Texas Legislature put barriers in the way of electoral participation for African Americans, Hispanics and those suffering from economic limitations. In 1902, Texas passed legislation requiring any citizen otherwise eligible to vote (meaning it was not based on race) to pay $1.50 - $1.75 in order to vote. This poll tax was equivalent to a day’s work for most people, thus a real economic barrier to voting. Voters had to pay their tax prior to voting. The poll tax required voters to bring their receipts of payment of the tax to the polling place and submit it for review. Not only was the cost of the tax prohibitive for many African Americans, for people who were poor or moved frequently for economic reasons, producing the receipt was also a barrier to voting.
The poll tax was challenged in the courts, but was not struck down, initially. In fact, in 1932 The US Supreme Court ruled in FAVOR of poll taxes in the case of Breedlove v. Suttles. This case upheld a Georgia poll tax on the grounds that voting rights are conferred by the states, so the states can determine voter eligibility as they choose, excepting conflicts with the 15th Amendment (race) or the 19th Amendment (gender). Finally, in 1964 the 24th amendment was ratified, which said, “The right of citizens of the United States to vote in any primary or other election for President or Vice President for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.” However, this amendment only applied to Federal elections. The poll tax was still used for local and state elections
Texas did away with the poll tax in 1966 after the Supreme Court decision in Harper v. Virginia Board of Elections, which determined that poll taxes for any level of election were unconstitutional.
If you are interested in reading more about voting and elections, here are a few suggestions:
• “Campaigns and Elections: What Everyone Needs to Know,” by Dennis Johnson
• “Carry On: Reflections for a New Generation,” by John Lewis
• “The Body Language of Politics: Decide Who is Lying, Who is Sincere, and How You'll Vote,” by Donna Van Natten
• “New Women in the Old West: from Settlers to Suffragists,” by Winifred Gallagher
Suzanne Sanders is the new columnist for the library. She is the Community Services Manager for the San Marcos Public Library and came from the Austin Public Library in 2015 after having served there as a librarian for over 20 years. She gratefully accepts your questions for this column.
