Alabama Advisory Opinions July 07, 2000: AGO 2000-188 (July 7, 2000)

AGO 2000-188.

Dear Mr. Newton:

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

Must a voter make a separate application for an absentee ballot for a special run-off election that will be held in Franklin County?

FACTS AND ANALYSIS

Your request states that on June 6, 2000, the Democratic Primary in Franklin County resulted in Bill Moss and Bobby Forsythe emerging as the two candidates with the most votes, but without a simple majority in the race for school superintendent; thus, a run-off was held on June 27, 2000. The third place candidate, Eddie Britton, filed an election contest with the County Democratic Executive Committee, which heard the contest and declared Eddie Britton the proper candidate to be in the run-off instead of Bobby Forsythe. Because of the election contest, the race was not decided at the regularly scheduled run-off on June 27; accordingly, a special run-off election will be held in Franklin County between Britton and Moss. The date of the special run-off election has not yet been set, but will be in July or possibly early August.

Your question concerns those voters who requested absentee ballots for the primary on June 6, 2000, and the primary run-off election on June 27, 2000. A voter may apply for an absentee ballot in writing not less than five days before the date of the election. ALA. CODE § 17-10-3 (Supp. 1999). The application must identify the election or elections for which an absentee ballot is required. Section 17-10-5 provides, "separate applications for absentee ballots are required for elections which are more than 30 days apart." ALA. CODE § 17-10-5(b) (Supp. 1999). Accordingly, a voter, in one application, could apply for an absentee ballot for the primary election to be held on June 6, 2000, and the run-off election scheduled for June 27, 2000, because the elections are not more than 30 days apart. Voters could also submit a separate application just for the run-off election.

It is clear that the special run-off election in Franklin County will be held more than 30 days from the date of the primary election held on June 6, 2000. In addition, any voter who requested an absentee ballot only for the run-off election could not have requested a ballot for the special run-off election because that election had not, at that time, been scheduled. Accordingly, any voter who wishes to receive an absentee ballot for the special run-off election must submit a new application for an absentee ballot for that election.

Any voter who wishes to receive an absentee ballot for the special run-off election in Franklin County must submit a new application for an absentee ballot for that election.

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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