Alabama Advisory Opinions August 27, 2007: AGO 2007-132 (August 27, 2007)

AGO 2007-132.

Dear Ms. Chapman:

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

Is the Alabama Secretary of State allowed to provide, at no charge, the list of Alabama voters who have registered in this state, from September 1, 2005, to the present, to the Louisiana Secretary of State to assist Louisiana in purging its voter list of people who no longer reside in that state?

Is the Alabama Secretary of State allowed to charge differing amounts for production of the voter lists based on the identity of the person or nature of the entity making the request?

You have been asked by the Louisiana Secretary of State to provide, at no charge, the list of Alabama voters who have registered in Alabama since September 1, 2005, to assist Louisiana in purging its voter list of people who no longer reside in that state. Section 17-4-38 regulates the dissemination of information on voter registration and provides as follows:

Except as provided in this section, there shall be a uniform charge for the production of voter lists. The reproduction costs of the basic electronic copy of the statewide file shall be reasonable as determined by the Secretary of State and a fee schedule shall be conspicuously posted in the Office of the Secretary of State. Costs of printed copies of lists are as otherwise provided by law. Access to the lists and voter history information contained on the central computer in the office of the Secretary of State is accessible to anyone making application, except Social Security numbers which are not to be released. Proceeds from the sale of tapes, discs, lists, labels, or other materials from the Secretary of State shall be retained by the Secretary of State for use in voter registration. Upon application and without charge, legislators shall be furnished up to two free printed copies of the voter lists for their districts during a legislative quadrennium and resale of the lists shall be strictly prohibited.

Under the established rules of statutory construction, words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used, a court is bound to interpret that language to mean exactly what it says. Ex parte Cove Properties, Inc., 796 So. 2d 331, 333-34 (Ala. 2000); IMED Corp. v. Sys. Eng'g Assoc. Corp., 602 So. 2d 344, 346 (Ala. 1992). Applying this rule of statutory construction, section 17-4-38 requires the Secretary of State to establish and charge a reasonable, consistent fee for production of the voter registration list and to make such list available to anyone who applies for it. Opinion to Honorable Nell Hunter, Chairperson, Jefferson County Board of Registrars, dated August 23, 2005, A.G. No. 2005-185; Opinion to Honorable William R. Popwell, Chairman, Chilton County Board of Registrars, dated August 24, 2005, A.G. No. 2005-186, Opinion to Honorable Joan Keat, Chairman, Madison County Board of Registrars, dated November 13, 1995, A.G. No. 96-00038.

Based on the foregoing, it is the opinion of this Office that the Alabama Secretary of State is allowed to issue the voter registration list to the Louisiana Secretary of State upon application and payment of the standard fee. Different fees may not be charged based on the identity of the person making the request.

The Alabama Secretary of State is required by section 17-4-38 of the Code of Alabama to establish and charge a reasonable, consistent fee for production of the voter registration list and to make such list available to anyone who applies for it.

I hope this opinion answers your questions. If this Office can be of further assistance, please contact Noel S. Barnes of my staff.

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/NB 296056/110331