Alabama Advisory Opinions August 23, 2005: AGO 2005-185 (August 23, 2005)

AGO 2005-185.

Dear Mr. Hunter:

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

Can the board of registrars in Jefferson County legally sell a voter precinct or ward list if the data on the printout contains part or all of the following information: voter's name, mailing address, date of registration, date of birth, sex, race, voting precinct, city ward, telephone number, and registration number?

If the practice of the board of registrars in Jefferson County has been to sell this information for state, county, and municipal elections, if the board stops providing this information, would this be a change in voting practice that would need to be precleared by the Justice Department?

Section 17-4-122 of the Code of Alabama restricts the following voter registration information that the board of registrars is allowed to disseminate:

The applications of persons applying for registration shall not become public records as public records are defined under the laws of the State of Alabama, nor shall the board or its deputies disclose the information contained in such applications and written answers, except with the written consent of the person who filed the answer or pursuant to the order of a court of competent jurisdiction in a proper proceeding. Provided, however, that political parties as defined in Section 17-16-2, shall be authorized to obtain all voter registration information in the possession of boards of registrars or probate judges concerning registered voters in their jurisdictions. The boards of registrars or probate judges may collect the actual cost, if any, of providing said information.

This Office has stated that the names and precincts of registered voters may be made available to the public. Opinion to Nell Hunter, Chairperson, Board of Registrars, Jefferson County, May 6, 2005, A.G. No. 2005-124; Opinion to Faye H. Cowling, Board of Registrars, Baldwin County, dated March 3, 1986, A.G. No. 86-00169; Opinion to Bobby Day, Probate Judge, Morgan County, dated June 12, 1980, A.G. No. 80-00419; Opinion to Don Siegelman, Secretary of State, dated May 8, 1980, A.G. No. 80-00343 (noting that names and precincts are required to be made public pursuant to other statutory provisions). In addition, the limitation that section 17-4-122 places on the public's access to voter information does not apply to public officials who need more information to effectively carry out their duties. Id. Also, political parties are authorized to obtain all voter registration information in the possession of the boards of registrars or probate judges, except for social security numbers. Hunter at 6. The actual cost, if any, of providing this information should be paid by the person or entity requesting the information. Ala. Code § 17-4-122 (1995); Opinion to Nell Hunter, Chairperson, Board of Registrars, Jefferson County, dated December 21, 1988, A.G. No. 89-00091.

It should be noted that the Legislature has designated a specific method for obtaining voter registration information. Section 17-4-252 requires the Secretary of State to provide access to the lists and voter history information contained on the central computer to anyone who requests it. Ala. Code § 17-4-252 (Supp. 2004). In addition, section 17-4-211 requires the Supervisor of Voter Registration to provide "voter registration lists limited to the names, addresses, and political subdivisions or voting places" to political parties, candidates, and certain nonprofit organizations that request the lists. Ala. Code § 17-4-211(10) (Supp. 2004).

Accordingly, the board of registrars may provide only the names and precincts of registered voters to persons or entities, unless the entity requesting the information is a political party. A political party is entitled to obtain all voter registration information in the possession of the boards of registrars or probate judges, except for social security numbers. The board of registrars or probate judges may collect the actual cost, if any, of providing this information.

You have notified this Office that it has been the practice for many years in Jefferson County to provide more than the name and voting precinct to individuals and entities. This practice began when technology used in the registrar's office in Jefferson County was adopted that allowed the information to be accessed and printed in various formats. If the board of registrars in Jefferson County changes the way it provides information to the public, this could be considered a change in voting practice that would require preclearance from the United States Justice Department under section 5 of the Voting Rights Act of 1965 before the change could be implemented. Accordingly, out of an abundance of caution, no change in the registrar's practice of providing voter registration information should be made until the change has been precleared.

The board of registrars may provide only the names and precincts of registered voters to persons or entities, unless the entity requesting the information is a political party. Because the practice in Jefferson County has been to provide additional information, before this change in practice is implemented, out of an abundance of caution, it should be submitted to the Justice Department for preclearance.

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

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/BFS

215436v1/81593