Alabama Advisory Opinions January 30, 2002: AGO 2002-127 (January 30, 2002)

AGO 2002-127.

Dear Mr. Childree:

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

Please reconsider the opinion issued to Honorable Jim Bennett, A.G. No. 2002-014, and clarify whether counties must incur these costs before reimbursement may be paid by the Comptrollers Office, and whether the percentages must be applied to the reimbursement.

This Office stated in the opinion to Honorable Jim Bennett that, when there are insufficient funds in the Voter Registration Fund Account, funds available through sections 17-4-126, 17-4-153, and 17-21-6 of the Code of Alabama may be used to pay the Department of Finance for contractual costs associated with electronic transmissions and database expenses incurred by the Secretary of State through the Office of Voter Registration. Opinion to Honorable Jim Bennett, Secretary of State, dated October 5, 2001, A.G. No. 2002-014.

Section 17-4-126 provides, in pertinent part, as follows:

The Department of Finance shall, at the expense of the state, have prepared and furnished to the Secretary of State and by him to be furnished to the boards of registrars in the several counties a sufficient number of forms and notices necessary to carry out their lawful functions.

ALA. CODE § 17-4-126 (1995). The Secretary of State is required to implement the National Voter Registration Act of 1993 for the State of Alabama. ALA. CODE § 17-4-250 (1995). Pursuant to this requirement, the Secretary of State may hire a computer programmer and other necessary personnel to carry out these responsibilities. ALA. CODE § 17-4-251 (1995). The Secretary of State, through the Office of Voter Registration, utilizes the computer services provided through the Department of Finance. The information generated through this process is a part of the forms and notices that is provided to counties as required by section 17-4-126 of the Code of Alabama. Accordingly, the costs incurred by the Secretary of State, through the Office of Voter Registration, for these computer services should be paid by the Department of Finance as set forth in section 17-4-126.

Your request states that the funds available through section 17-21-6 must be used to reimburse counties for direct costs incurred by the counties and are reimbursable based on the percentage allowed by the statute. Sections 17-21-1 through 17-21-6 of the Code of Alabama provide, in general, that the State will reimburse counties for 100 percent of the total costs incurred in holding and conducting an election in which candidates for federal and/or state elections are involved and will reimburse the counties for 50 percent of the total costs incurred when candidates for both federal or state and county offices are involved. ALA. CODE §§ 17-21-1 to 17-21-6 (1995, Supp. 2001). In addition, counties will be reimbursed for 100 percent of the total costs incurred in a constitutional amendment election involving only statewide amendments and 50 percent of the total costs for an election involving statewide and local amendments . Id . Although this Office is aware that the Office of Voter Registration is incurring expenses for computer services on behalf of the counties, as mandated by the Code of Alabama for the operation and maintenance of a statewide voter registration file, these Code sections specifically authorize the Comptroller to reimburse the counties for costs incurred by the counties. See ALA. CODE §§ 17-4-210 through 17-4-215 (1995). The Comptroller is not authorized to reimburse the Office of Voter Registration from funds available through section 17-21-6. Because these computer costs are incurred on behalf of the counties for state and local elections, the Office of Voter Registration may seek payment for these costs from the counties for which the costs are incurred. The counties may then seek reimbursement from the Comptroller pursuant to sections 17-21-1 to 17-21-6.

Your request also states that the funds available through section 17-4-153 of the Code of Alabama are used to reimburse counties for certain costs incurred by the county boards of registrars. Specifically, section 17-4-153 requires the county to provide compensation and travel reimbursement for each registrar. ALA. CODE § 17-4-153 (1995). The State is then required to reimburse the counties for the compensation and travel expenses paid to the registrars. Id . The computer expenses incurred by the Office of Voter Registration on behalf of the Secretary of State and the counties are not expenses that are payable through section 17-4-153. CONCLUSION

Pursuant to section 17-4-126 of the Code of Alabama, the Department of Finance must pay for the costs associated with electronic transmissions and database expenses incurred by the Secretary of State through the Office of Voter Registration.

Funds available from the account created by section 17-21-6 of the Code may not be used by the Comptroller to help with payments to the Department of Finance for the costs associated with electronic transmissions and database expenses incurred by the Office of Voter Registration on behalf of the counties. This provision requires that reimbursements be made to the counties.

Funds available from the account created by section 17-4-153 are not to be used to pay the Department of Finance for costs associated with electronic transmissions and database expenses incurred by the Office of Voter Registration on behalf of the Secretary of State and the counties.

The opinion to Honorable Jim Bennett, Secretary of State, dated October 5, 2001, A.G. No. 2002-014, is modified to the extent it conflicts with this opinion.

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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