Alabama Advisory Opinions July 23, 1999: AGO 1999-256 (July 23, 1999)

AGO 1999-256.

Dear Representative McKee:

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

QUESTIONS

In a referendum in which an amendment to the Constitution of Alabama is proposed in which neither a candidate nor a political party is involved:

A. Who authorizes the poll watchers?

B. What is the procedure by which poll watchers are designated or authorized?

Poll watchers are appointed pursuant to several different provisions in the Code of Alabama, depending upon the type of election involved. Section 17-6-8 provides for poll watchers in the general election and states in pertinent part:

Each political party or organization having candidates nominated may, by the chairman of the county executive committee or nominees for office or beat committeeman, name a watcher who shall be permitted to be present at the place where the ballots are cast from the time the polls are opened until the ballots are counted and certificates of the result of the election signed by the inspectors.

With respect to primary elections, section 17-16-26 provides in pertinent part:

A candidate who has qualified may have a single watcher in the polling place, to be appointed by him in writing over his own signature, and the appointment shall be presented to and filed with the inspectors.

Poll watchers are specifically allowed at each on-site balloting location, but are appointed pursuant to section 17-6-8 or as otherwise provided by law. ALA. CODE § 17-10-3(i) (Supp. 1998). Each candidate in a municipal election is also authorized to name a poll watcher. ALA. CODE §§ 11-46-35 and 11-46-106 (1992).

In each of the Code sections authorizing the appointment of poll watchers, watchers may be appointed to represent the interests of candidates or political parties sponsoring candidates. There are no provisions in the Code that authorize the appointment of poll watchers in referendum elections in which no candidates are involved. This Office has previously held that poll watchers may not be appointed in an election held pursuant to section 40-12-4 of the Code of Alabama to determine whether a sales tax shall be levied for school purposes. Opinion to Honorable Robert H. Kirksey, Judge of Probate, Pickens County, dated August 14, 1981, A. G. No. 81-00515.

Poll watchers are not authorized in a referendum election in which neither candidates nor political parties are involved.

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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