Alabama Advisory Opinions April 08, 1996: AGO 1996-175 (April 8, 1996)

AGO 1996-175.

Dear Judge Gammill:

This opinion is issued in response to your request for an opinion from the Attorney General.

Does the resolution of the State Democratic Executive Committee, passed on March 6, 1996, which purports to create a party committee position to be filled by election in the 1996 primary meet the requirements of _ 17-16-9, Code of Alabama 1975, thereby requiring the probate judge to have the names of candidates printed on the presidential primary ballot?

The resolution to which you refer reads, in pertinent part, as follows:

"Be it therefor directed . . . that the Party establish a position . . . that mirrors the position that now exists for the selection of beat committeeman . . . that the aforementioned structure be established in time to allow Young Democrats to stand for election for these positions in the 1996 Democratic Primary."

The applicable statutes are found in Title 17, Chapter 16, Code of Alabama 1975, and, specifically, are __ 17-16-5, 17-16-8, and 17-16-9, which provide as follows:

Section 17-16-5:

"Primary elections are not compulsory. A political party may, by its state executive committee, elect whether it will come under the primary election law. All political parties are presumed to have accepted and come under the provisions of the primary election law, but any political party may signify its election not to accept and come under the primary election law by filing with the Secretary of State, at least 60 days before the date herein fixed for the holding of any general primary election, a statement of the action of its state executive committee, certified by its chairman and secretary, which statement shall contain a copy of the resolution or motion adopted declining to accept and come under the primary election law. If a political party declines to accept and come under the primary election law, it shall not change its action and accept and come under the primary election law until after the next general election held thereafter.

The governing body of a political party may determine from time to time what party officers shall be elected in the primary ; provided, that candidates for all party offices shall be elected under the provisions of this chapter unless the method of their election is otherwise directed by the governing body of the party involved."

(Emphasis added.)

Section 17-16-8:

"There may be provided a committee of each party for the state and each political subdivision of the state, including counties, said committees to be selected in such manner as may be provided for by the governing authority of each party, but if there shall not be elected or chosen any committee for any county or other political subdivision, then all the powers which could be exercised by any such committee shall be vested in the state executive committee, under such rules and regulations as the governing body of the party may designate, or the state committee or the chairman thereof may appoint a county committee to act until such a committee is elected or chosen as provided by law or party rule. When a state executive committee of a party is provided, said state executive committee shall be the governing body of the party within the meaning of this chapter; except, that it shall have the authority to delegate to county executive committees authority over the conduct of party affairs within the respective counties, including authority over the conduct of primary elections within the respective counties."

Section _ 17-16-9:

"The state or county executive committee of any political party may, by a majority vote of said committee, require that members of said committee be elected by the qualified electors of such political party. If such committee adopts an appropriate resolution requiring that such members be so elected, such election shall be held on the same ballot as the gubernatorial primary election . When members of county or state executive committees are to be elected in a primary, their declarations of candidacy shall be filed in the same manner and within the same time as candidates for nomination for public office." (Emphasis added.)

Under the provisions of _ 17-16-5, Code , political parties are free to determine what party officers are needed and what officers ". . . shall be elected in the primary. . . ."

The broad, vague language of the statutes quoted above gives rise to inherent ambiguities:

"In determining the meaning of an act, the paramount purpose is to ascertain the legislative intent. State v. Seals Piano Co., 209 Ala. 93, 95 So. 451.

"[1, 2] The court looks for the legislative intent in the language of the act; that language may be explained; it cannot be detracted from or added to. The office of interpretation is not to improve the statute; it is to expound it; and the court knows nothing of the intention of an act, except from the words in which it is expressed, applied to the facts existing at the time. May v. Head, 210 Ala. 112, 96 So. 869. Rodgers v. Meridith, 274 Ala. 179, 146 So.2d 308."

Alabama Industrial Bank v. State , 286 Ala. 59 at 62.

The statutes here under consideration have been held to be ambiguous. Mobile City Repub. Exec. Com. v. Mandeville , 363 So.2d 754.

In connection with the primary election laws, the Supreme Court of Alabama has held:

"In effect, the Legislature has said that political parties can run their party affairs without interruption by the courts, but those affairs must be run within the rules laid down by the Legislature."

Perloff v. Edington , 302 So.2d 92 at 94.

While it may be argued that, as the "position . . . mirrors the position that exists for beat committeeman . . .", it is some kind of executive committee position, it is equally arguable that it is not an executive committee position. The duties, responsibilities, and authority of the "Young Democrats" cannot be determined by the facts now before this office. If the positions created are part of the state or county executive committee, then they must be placed on the ballot for the gubernatorial election; if the positions are not part of the state or county executive committee, then they may be placed on the 1996 primary ballot. Only the State Democratic Committee which creates the position can answer the question of what the positions are. Accordingly, we recommend that you inquire of the Alabama State Democratic Executive Committee in making that factual determination, and then be guided by the legal conclusions set out herein.

Accordingly, it is the opinion of this office that if the positions created by the Democratic Executive Committee by its March 6, 1996, resolution are not state or county executive committee positions, they may be on the 1996 primary ballot if candidates for that position have qualified with the party in accordance with its rules.

"[C]ourts are very reluctant to interfere with party matters" and so are we. Bridges v. McCorvey , 49 So.2d 546 at 549.

In view of the broad latitude permitted in the interpretation of the statutes governing primary elections by the Supreme Court, if the positions purportedly created by the March 6, 1996, resolution of the State Democratic Executive Committee which "mirror[] the position . . . for beat committeeman" are not part of the state or county executive committees, they may be listed on the 1996 primary ballot.

I hope this sufficiently answers your question. If our office can be of further assistance, please contact Philip C. Davis of my staff.

Sincerely,

JEFF SESSIONS

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

JS/PCD/jho

G4.96C/OP