Alabama Advisory Opinions June 14, 2000: AGO 2000-166 (June 14, 2000)

Alabama Attorney General Opinions

2000.

AGO 2000-166.

Dear Ms. Martin:

This opinion of the Attorney General is issued in response to your request on behalf of the Winston County Office of Absentee Election Manager.

QUESTION

Due to the recent allegations regarding absentee ballots in Winston County, should absentee ballots for the run-off election be mailed to those persons who have requested run-off ballots, particularly those persons who requested absentee ballots for the primary and the run-off?

FACTS AND ANALYSIS

Absentee voting is available to any qualified elector who meets the requirements for absentee voting set forth in section 17-10-3 of the Code of Alabama. ALA. CODE § 17-10-3 (Supp. 1999). An application for an absentee ballot must contain certain information that allows the absentee election manager to verify that the applicant is a registered voter, and is entitled to vote by absentee ballot. Section 17-10-4 of the Code of Alabama states in pertinent part:

The application shall contain sufficient information to identify the applicant and shall include the applicant's name, residence address, or such other information necessary to verify that the applicant is a registered voter. Any applicant may receive assistance in filling out the application as he or she desires, but each application shall be manually signed by the applicant and, if he or she signs by mark, the name of the witness to his or her signature shall be signed thereon.

ALA. CODE § 17-10-4 (Supp. 1999).

Section 17-10-5 of the Code of Alabama specifies how delivery of an absentee ballot is to be made upon receipt of an application for an absentee ballot, in pertinent part, as follows:

(a) Upon receipt of an application for an absentee ballot as provided in Section 17-10-3(a) if the applicant's name appears on the list of qualified voters in the election to be held or if the voter makes an affidavit for a challenged vote, the absentee election manager shall furnish the absentee ballot to the applicant by: (1) forwarding it by United States mail to the applicant's or voter's residence address or (2) by handing the absentee ballot to the voter in person or, in the case of emergency voting, his or her designee in person. If the absentee election manager has reasonable cause to believe that the applicant has given a fraudulent address on the application for the absentee ballot, the absentee election manager shall turn over the ballot application to the district attorney for any action which may be necessary under Acts 1994, No. 94-320 or other acts. The absentee election manager further may require additional proof of a voter's eligibility to vote absentee when there is evidence of continuous absentee voting.

ALA. CODE § 17-10-5 (Supp. 1999). An applicant for an absentee ballot may use one application to request an absentee ballot for the primary election and the primary run-off. A separate application for an absentee ballot is only required for elections that are more than 30 days apart. ALA. CODE § 17-10-5(b) (Supp. 1999).

An absentee election manager must verify that an applicant is a duly registered voter entitled to vote by absentee ballot based upon the information provided in the application. If the absentee election manager is able to verify this information, the absentee election manager must provide the absentee ballot to the applicant. See, Opinion to Honorable Paul W. Oliver, Sr., Dallas County Absentee Election Manager, dated May 25, 2000, A.G. No. 2000-156. Section 17-10-5 provides that if the absentee election manager has reasonable cause to believe that an applicant has given a fraudulent address on the application, the absentee election manager shall provide that application to the district attorney for any action which may be necessary. Essentially, if the absentee election manager determined that an applicant was entitled to an absentee ballot for the primary election, and that applicant also requested an absentee ballot for the run-off election, an absentee ballot for the run-off must also be sent to that applicant. CONCLUSION

If the absentee election manager verifies that an applicant for an absentee ballot in a primary run-off is a duly registered voter entitled to vote by absentee ballot based upon the information provided in the application, an absentee ballot for the run-off election must be mailed to that applicant.

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: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

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