Alabama Advisory Opinions April 21, 2004: AGO 2004-124 (April 21, 2004)

AGO 2004-124.

Dear Mr. Benton:

This opinion of the Attorney General is issued in response to your request on behalf of the Russell County Commission.

Does the Code of Alabama grant any supervisory authority over the county board of registrars to the probate judge? If so, what are the limits of this authority?

The qualifications and the appointment of registrars are set forth in section 17-4-150 of the Code of Alabama, which states as follows:

(a) Registration shall be conducted in each county by a board of three reputable and suitable persons to be appointed, unless otherwise provided by law, by the Governor, Auditor, and Commissioner of Agriculture and Industries, or by a majority of them acting as a board of appointment. The registrars shall be qualified electors, residents of the county, shall have a high school diploma or equivalent, and possess the minimum computer and map reading skills necessary to function in the office. The Secretary of State shall prescribe guidelines to assist the board of appointment in determining the qualifications of registrars. The registrars shall not hold an elective office during their term. One of the members shall be designated by the board of appointment as chair of the board of registrars for each county.

The term of office of a registrar is provided in section 17-4-151 of the Code of Alabama, which states as follows:

The registrars appointed under this article may be removed for cause by the Secretary of State at any time before the end of their term of office, upon submitting written reasons therefor to the registrar removed and to the members of the appointing board. If not so removed, the registrar may hold office for four years from the date of appointment and until a successor is appointed.

Ala. Code § 17-4-151 (Supp. 2003).

Registrars are designated as judicial officers and are required to take an oath of office. Section 17-4-154 of the Code of Alabama states as follows:

Before entering upon the performance of the duties of his office, each registrar shall take the same oath as required by the judicial officers of the state, which oath may be administered by any person authorized to administer oaths. The oath shall be in writing and subscribed by the registrar, and filed in the office of the judge of probate of the county. Said registrars are judicial officers and shall act judicially in all matters pertaining to the registration of applicants.

Ala. Code § 17-4-154 (1995).

There are no provisions in the Code of Alabama that give the probate judge any supervisory authority over the county board of registrars. Given the duties of the probate judge with respect to conducting elections and the duties of the board of registrars with respect to voter registration and voter lists, the probate judge and the board must work together, in most instances, to ensure that the election process is smoothly and effectively carried out. Nevertheless, neither the probate judge nor any other person or official is charged with supervising the board of registrars.

The probate judge has no supervisory authority over the county board of registrars.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

TROY KING

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

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