Alabama Advisory Opinions January 06, 2004: AGO 2004-055 (January 6, 2004)

AGO 2004-055.

Dear Chairman Bailey:

This opinion of the Attorney General is issued in response to your request on behalf of the Morgan County Board of Registrars.

Assuming that the Morgan County Commission changes the precinct boundaries by resolution and the United States Attorney General preclears the county commission's action more than three months before the first election to which the changes apply, does the fact that the board of registrars changes its records and sends appropriate notices to the affected voters within the three-month period before the election violate section 17-5A-5(d) of the Code of Alabama?

Your request states that the Morgan County Commission is in the process of changing precinct boundaries and obtaining the approval of the changes from the United States Attorney General. The precinct boundary changes are primarily for the purpose of reflecting the reapportionment of voters for municipal elections in the City of Decatur. To some extent, the changes in precinct boundaries will result in changes of voting places for some voters, and this will require appropriate notification to those voters and administrative changes within the board's office and to the operations of the board.

Section 17-5A-5 requires the county commission to designate voting places within the precincts established by the county commission. This section states, in pertinent part, as follows:

(d) Except as may be provided further by local election laws or by the electronic vote counting statutes, whenever places of voting are once designated and established as required by this chapter, the voting places for precincts shall not be changed within three months before an election is to be held

This section prohibits the county commission from changing the designated voting places within the established precincts within three months before an election. Thus, the county commission must take the appropriate action to designate voting places at least three months before an election. After the county commission has designated the voting places, these changes must be precleared under section 5 of the Voting Rights Act of 1965 before the changes may be implemented. 42 U.S.C. § 1973c (1994). Your request indicates that the changes have been adopted by the county commission and should receive preclearance more than three months before the first election in which the changes apply. The county commission has taken the necessary action to comply with section 17-5A-5 of the Code of Alabama and submitted the changes to the United States Department of Justice. Thus, assuming the changes are precleared, the board of registrars may notify voters of the changes in voting places and make the necessary administrative changes in the board's office during the three months before an election.

Section 17-5A-5 prohibits the county commission from changing the designated voting places within three months before an election. The board of registrars may, however, during the three months before an election, make the necessary administrative changes in the board's office and notify the voters of the changes that were adopted by the county commission and that have been precleared by the United States Attorney General.

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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