Alabama Advisory Opinions February 02, 1999: AGO 1999-099 (February 2, 1999)

AGO 1999-099.

Dear Mr. Bennett:

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

What are the requirements concerning the format of petitions submitted by political parties seeking to establish ballot access by petition?

Political parties seeking access to the general election ballot may establish ballot access by petition pursuant to section 17-8-2.1 of the Code of Alabama. This section states:

(a) No political party, except those qualified as a political party under Title 17, chapter 16, shall be included on any general election ballot unless:

(1) The party shall have filed with the Secretary of State or other appropriate official six days after the second primary election a list of the signatures of at least three percent of the qualified electors who casts (sic) ballots for the office of Governor in the last general election for the state, county, city, district or other political subdivision in which the political party seeks to qualify candidates for office; and unless

(2) The party shall have fulfilled all other applicable requirements of federal, state or local laws.

(b) The provisions of this section are supplemental to the provisions of Title 17, chapter 16, and other laws regarding the conduct of elections in Alabama, and shall repeal only those laws or parts of laws in direct conflict herewith.

Neither this provision nor any other provision of the Code of Alabama specifies the format of the petitions that should be used to establish ballot access. It is logical that the petition must state the purpose of the petition. The statement should include the name of the party seeking ballot access, the date of the general election for which access is sought, and the political subdivision if it is not statewide. It may also be necessary for each page containing signatures to include this statement at the top of the page. For example, the statement might read: "We, the undersigned petitioners, who are qualified electors in Alabama, request that the XYZ Party of Alabama be given ballot access for the general election to be held November 7, 2000, in ABC County."

The Secretary of State's Office may wish to specify the petition format requirements by adopting rules and regulations pursuant to the Administrative Procedures Act.

The Code of Alabama does not establish a specific format for petitions of political parties seeking ballot access. The Secretary of State may adopt format requirements pursuant to the Administrative Procedures Act. Any procedures adopted by the Secretary of State's Office should be submitted to the United States Department of Justice for preclearance under section 5 of the Voting Rights Act.

May the petitions be submitted incrementally and verified incrementally so long as the final submission occurs in advance of the statutory deadline?

The Code of Alabama does not state whether the petitions may be submitted incrementally. This Office has previously stated the Secretary of State is responsible for verifying the signatures on a petition seeking statewide ballot access, and the manner in which this is done is within the discretion of the Secretary of State. Opinion to Honorable Perry A. Hand, Secretary of State, dated April 19, 1990, A. G. No. 90-00223. The Secretary of State may, pursuant to the Administrative Procedures Act, adopt rules and regulations concerning the verification of signatures and the submission of ballot-access petitions.

Where petitions are submitted in advance of the petition deadline, whether incrementally or not, how soon after the petitions are submitted must they be verified by the Secretary of State or other appropriate election official?

The statutory deadline for filing petitions is set at six (6) days after the second primary election. ALA. CODE § 17-8-2.1 (1995). The Code of Alabama does not set a date upon which the signatures in the petitions must be verified. The Code does provide that the Secretary of State must, within 45 days after the second primary, certify to the probate judge in each county, the names of the candidates for state office that should be included on the general election ballot. ALA. CODE § 17-16-40 (1995). The signatures on the petitions must be verified prior to this date in order to determine the candidates that are entitled to ballot access and whose names are to be submitted to the probate judges. The Secretary of State may wish to adopt rules and regulations concerning the procedure to be used to verify petition signatures, including a time frame that complies with the deadlines set by the Code.

If the petitioning political party meets the petition requirements for statewide office, do they still have to meet a separate petition requirement for each political subdivision in which they intend to nominate candidates?

This Office has previously stated if a political party establishes ballot access for a state office pursuant to section 17-8-2.1, the party establishes ballot access for all political subdivisions within the state without further petition filings. Opinion to Honorable Jim Bennett, Secretary of State, dated January 13, 1998, A. G. No. 98-00070.

I hope this opinion answers your questions. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

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