Alabama Advisory Opinions May 12, 1997: AGO 1997-186 (May 12, 1997)

AGO 1997-186.

Dear Judge Wyatt:

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

Considering Section 17-4-157, is the Board of Registrars required to divide their time equally between the two St. Clair County courthouses for the purpose of registering voters?

FACTS AND ANALYSIS

Your request states that St. Clair County has two courthouses. Pursuant to the National Voter Registration Act of 1993 (Motor Voter), the probate judge must offer the opportunity to register to vote upon application or renewal of a driver license. These voter registration applications are forwarded to the Board of Registrars. Only the Board of Registrars, by a majority of the members, may register voters. A majority of the Board constitutes a quorum of the Board for the transaction of business. Code of Alabama 1975, § 17-4-155.

Section 17-4-157 of the Code of Alabama 1975, states:

Where there are two or more courthouses in any county, the board of registrars shall divide the time equally between the courthouses for the purpose of holding regular sessions for registering voters and shall give notice accordingly.

The number of session days and working days in which the St. Clair County Board of Registrars may meet is set forth in Code of Alabama 1975, § 17-4-156, which states:

(d) Each member of the board of registrars in the Counties of . . . St. Clair, . . . are authorized to meet not more than five days each week for the purpose of carrying out their official duties. . . .

(e) The actual number of working days to be used as session days shall be determined by a quorum of the board according to the needs of the county.

This section, as amended by Act No. 88-985, allows board members to split their allotted working time between session days and individual working days so that one member alone may be available in the board office to conduct business for the board which does not require a quorum of the board. Opinion to Honorable Annette Bozeman, Judge of Probate, Marion County, dated March 8, 1990, A.G. No. 90-00172. Section 17-4-157 requires the Board to divide the time for regular sessions for registering voters equally between the two courthouses. Accordingly, the number of session days as determined by a quorum of the Board should be divided equally between the two courthouses in St. Clair County.

This office has been informed that the division of time between the two courthouses has become unnecessary due to the various places that persons may register to vote pursuant to the Motor Voter Law. Nevertheless, the current law in Alabama requires that the Board divide the session days between the two courthouses.

Code of Alabama 1975, § 17-4-157, requires the Board of Registrars to divide the session days equally between the two courthouses in the county.

I hope this sufficiently answers your question. If our office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

BP/BFS

W/4.97/f