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Atlanta, Fulton County, Georgia
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House Administration subcommittee on elections heard testimony from Moss A. Plunkett about four unsuccessful federal court attempts by Virginians to eliminate the poll tax for voting, including cases involving Dorothy Bentley Jones in 1944 and Henry L. Saunders in 1943.
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Moss A Plunkett, of Roanoke, Virginia, appearing in behalf of Americans for Democratic Action in support of legislation to outlaw the poll tax as a requirement for voting in Federal elections, said the suit was instituted by Dorothy Bentley Jones, who became 21 years of age on May 8, 1944.
Under Virginia law, Mr Plunkett said, no poll tax could be assessed against her for the year 1943 because she had not reached her maturity and no poll tax could be assessed against her for the year 1944 because on January 1, 1944 she was still under 21 years of age.
Mr. Plunkett said Miss Jones sought to register May 12, 1944 to vote in the election of November 7, 1944, at which a Representative from the sixth congressional district and Presidential electors for
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Poll Tax
In her suit she attacked the constitutionality of the Virginia poll-tax statute. Answering her complaint, the Attorney General of Virginia said Miss Jones had failed to state a claim against the registrar upon which relief could be granted.
Mr. Plunkett told the committee that this defense flatly contradicted the testimony of Abraham P. Staples, former Attorney General of Virginia at hearings on anti-poll tax legislation September 22, 1942.
Mr. Staples had testified that the question of whether a state had exercised its constitutional power to prescribe the qualification of electors in an unconstitutional manner so as to deprive citizens of rights guaranteed to them by the Constitution was a judicial question for the courts to determine.
After Miss Jones asked the court for a summary judgment, in order to avoid a decision by the court the Attorney General of Virginia filed an amended answer admitting that a poll tax was not required of Miss Jones to vote in the 1944 election.
The second case concerned the refusal of the secretary of the Commonwealth of Virginia to certify Henry L. Saunders as a candidate for Congress in 1943.
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Domestic News Details
Primary Location
Washington, D.C.
Event Date
Last Monday
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Outcome
four unsuccessful federal court attempts to eliminate the virginia poll tax; cases dismissed or decisions avoided.
Event Details
Moss A. Plunkett testified before the House Administration subcommittee on elections about Virginians' failed efforts to challenge the poll tax via federal courts, detailing the case of Dorothy Bentley Jones who sought to register to vote in 1944 without paying the tax, and a 1943 case involving Henry L. Saunders' candidacy certification refusal.