Alabama Advisory Opinions May 30, 2003: AGO 2003-156 (May 30, 2003)

Alabama Attorney General Opinions

2003.

AGO 2003-156.

Dear Secretary Worley:

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

QUESTION ONE

In Alabama, is the Secretary of State the chief elections official for the purposes of the Help America Vote Act of 2002?

FACTS AND ANALYSIS

The Help America Vote Act of 2002, Pub. L. 107-252, was signed by President Bush on October 29, 2002, and sets forth a number of federal mandates in Title III of the act. Section 253(e), as codified, defines "chief State election official" for purposes of the Help America Vote Act of 2002 as follows:

In this subtitle, the "chief State election official" of a State is the individual designated by the State under Section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the State's responsibilities under such Act.

42 U.S.C.A. § 15403 (West 2003).

In Alabama, the chief state election official, for the purpose of complying with the National Voter Registration Act of 1993, is the Secretary of State.

Ala. Code § 17-4-250(a) (1995). Section 17-4-250(a) specifically states that "[t]he Secretary of State is the chief state elections official." Id . This Office has previously considered the role of the Secretary of State as the chief state elections official. Opinion to Honorable Jim Bennett, Secretary of State, dated February 12, 1997, A.G. No. 97-00109.

CONCLUSION

In Alabama, the Secretary of State is the "chief State election official" under the terms of the Help America Vote Act of 2002.

QUESTION TWO

Does the Help America Vote Act of 2002 require that the chief state election official be responsible for a computerized statewide voter registration list?

FACTS AND ANALYSIS

Section 303(a) of the Help America Vote Act of 2002, as codified, mandates as follows:

[E]ach State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level. . . .

42 U.S.C.A. § 15483 (West 2003). This provision requires the state to act through the chief state election official to implement the statewide voter registration list and to make sure that the statewide voter registration list is "defined, maintained and administered at the State level." Id. The effect of this provision is to not only centralize the list itself under the chief state election official, but to require the chief state election official to be ultimately responsible for inputs and changes made to that list, as well as administering access to the list in the elections process.

The Help America Vote Act of 2002, which mandates a "single, uniform, official, centralized, interactive computerized statewide voter registration list," does not require any particular software or hardware system to be utilized; selection and procurement of these systems must be done in accordance with state law.

CONCLUSION

The Help America Vote Act of 2002 requires that Alabama's chief state election official implement a statewide voter registration list and be responsible for defining, maintaining, and administering the list at the state level.

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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