Alabama Advisory Opinions October 11, 2000: AGO 2001-006 (October 11, 2000)

AGO 2001-006.

Dear Mr. Johns:

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

How often should schools for election officials occur pursuant to section 17-9-19 of the Code of Alabama?

Section 17-9-19 of the Code of Alabama provides for the instruction of election officers, in pertinent part, as follows:

(a) Not less than five days before an election or primary election, the authority charged with holding the same shall cause to be held a school of instruction for those who will actually conduct the election or primary election at the polling places. The sheriff shall notify such election officials of the time and place of the holding of such school of instruction, and shall also publish notice at least 48 hours before the same is to be held.

(b) No election official shall serve in any election district in which a voting machine is used, unless he shall have received such instruction and is fully qualified to perform the duties in connection with the machine, and has received a certificate from the authorized instructor to that effect; provided, that this shall not prevent the appointment of an uninstructed person as an election official to fill a vacancy among the election officials.

This Code section specifically relates to the instruction of polling officials when voting machines are used in an election. This section is also applicable to the instruction of polling officials for elections in which electronic vote-counting equipment is used because the provisions relating to voting machines are applicable to the use of electronic vote-counting equipment so far as practicable. ALA. CODE § 17-24-7 (1995).

Section 17-9-19 does not specify a date upon which the instruction school must be conducted, but does provide that a school must be held not less than 5 days before an election or primary election. Accordingly, it is the opinion of this Office that a school of instruction must be conducted not less than 5 days before a primary election and another school of instruction must be conducted not less than 5 days before a general election. Because some of the rules applicable to a primary election are different from the rules applicable to a general election, separate schools are beneficial. This Office has previously held that election officials trained and certified in schools of instruction held in the spring of the year before the primary election are not required by the Code to attend an instruction school held in the fall of that year before the general election before they may serve in the general election. Opinion to Honorable Paul Thomas, Judge of Probate, dated October 23, 1990, A.G. No. 91-00030. Although this Office held that the election official is not required to attend the instruction school before the general election, it is further the opinion of this Office that an election official may attend the instruction school held before the general election and that the probate judge may require that the election officials appointed for the general election attend a school of instruction held specifically for the general election.

Pursuant to Harris v. Siegelman , 700 F. Supp. 1083 (M.D. Ala. 1988), the United States District Court ordered the State of Alabama, through the Secretary of State's Office, to administer a training and certification program for poll workers in all counties. This court order, however, expired five years from the date the order was entered and did not affect the requirements for a school of instruction pursuant to section 17-9-19 of the Code of Alabama. Harris v. Siegelman , 700 F. Supp. at 1088.

Pursuant to section 17-9-19 of the Code of Alabama, a school of instruction must be held not less than 5 days before a primary election and another school of instruction must be held not less than 5 days before a general 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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