Alabama Advisory Opinions December 02, 1997: AGO 1998-047 (December 2, 1997)

AGO 1998-047.

Dear Representative Venable:

This opinion of the Attorney General is issued in response to your request.

Should the registration of voters as provided in section 17-4-120 of the Code end ten (10) days prior to the scheduled election day or ten (10) days prior to the opening of the on-site balloting as provided in section 17-10-3(g)?

The deadline for voter registration is established pursuant to section 17-4-120 of the Code of Alabama, which states:

(a) The boards of registrars in the several counties of the state or their deputies shall not register any person as a qualified elector within 10 days prior to any election ; provided, that the boards shall maintain open offices during business days in such 10-day period and on election day during the hours of voting.

ALA. CODE § 17-4-120 (1995) (emphasis added).

Section 17-10-3 of the Code specifies the circumstances and the procedures through which a qualified elector may vote by absentee ballot. Subsection (c) provides that any elector who will be unable to vote at his or her regular polling place because of the elector's absence from the county on the day of the election may vote by absentee ballot by appearing in person at an on-site absentee balloting location on the Saturday ten days prior to the date of the election or on the Tuesday of the week immediately preceding the date of the election. ALA. CODE § 17-10-3(c) (Supp. 1997). Subsection (g) of section 17-10-3 specifies the hours that the on- site balloting locations must be open on the Saturday ten days before the election and on the Tuesday immediately preceding the election. ALA. CODE § 17-10-3(g) (Supp. 1997).

The on-site absentee balloting dates are not the same as the election date. These dates are not early voting dates, but instead, are dates in which absentee ballots must be cast in person if the reason for voting absentee is that the elector will be out of the county of his residence on the date of the election. Furthermore, nothing in section 17-10-3 changes the deadline for voter registration that is provided in section 17-4-120.

The deadline for voter registration is ten days prior to the date of the election as provided in section 17-4-120, not ten days prior to the date set for the first on-site absentee balloting.

I hope this opinion answers your question. If this 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

V/11.97/f