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1936 Arizona Attorney General Reports and Opinions 1 (1936)

handle is hein.sag/sagaz0057 and id is 1 raw text is: April 1, 19Z6. Hon. James R. Kerby, becretary of $tate, Ltate House, Phoenix, Arizona. eahr tr. Kerby: We reply to your communication as fQl1os: Being in charge of electon zecords of the Ltate, 1 naturally have various inquiries with reference thereto. I would appreciate having your opinion of the status as to citizenship, respecting particularly the right to register and vote and hold office in this States First - of A person who has been convicted for non-payment of income tax in the :ederal Court of this State and sentenced to serve in the Federal Penitentiary. Cecond - status of a person Aho has been paroled from a Federal Penitentiary for such offense. ihird - etatus of a person who has been paruoned from a Federal ?enitentiary for such offense.* United States citizenship is one of the .ualificationr of an elector in Arizona. Conviction of felony in the Federal Courts only deprives the convicted persan of citizenship in the 0ases where the Federal law especially provides, as in trcbLan, inciting rebellion, desertion from the military service in tiae of war, etc. Conviction of non-payment of income tax %oulO not deprive the person of citizenship. The right to vote and hold office followin4 a conviction of a violation of the Federal statute is aeteruined by thy conti- tution and laws of the several states. The conviction of a charge based on the Feaeral Income Tax might be either a misde:mebnor or felony, oepending upon the penalty fixed by th(. court. If the court should sentence the defendant to Federal or State rison Digitized from Best Copy Available