Alabama Advisory Opinions April 01, 2008: AGO 2008-66 (April 1, 2008)

Alabama Attorney General Opinions

2008.

AGO 2008-66.

Dear Ms. Chapman:

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

QUESTION

Does section 17-4-32 of the Code authorize the Secretary of State to provide the Administra-tive Office of Courts with a current voter list without charging the uniform fee required in section 17-4-38?

FACTS AND ANALYSIS

You have informed this Office that the Administrative Office of Courts ("AOC") has requested the Secretary of State provide a free copy of the state voter list so that AOC may update the master juror list from which juror lists for various circuit courts in the state are compiled. You ask whether section 17-4-32 of the Code authorizes the Secretary of State to supply AOC with the current voter list without charging the uniform fee required by section 17-4-38 of the Code.

Section 17-4-38 governs the dissemination of voter registration in-formation. It states as follows:

The Secretary of State shall ensure that all applicants obtain requested voter lists in a timely manner. Methods shall be established for the transmission of tapes, discs, or lists to any appli-cant. Hindrances shall not be created or devised to delay transmission of tapes, discs, or lists to any applicant. Except as provided in this sec-tion, 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 Secre-tary of State and a fee schedule shall be con-spicuously 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 Sec-retary 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.

Ala. Code § 17-4-38 (2006) (emphasis added). This section requires a uniform charge for the production of voter lists and specifically exempts individual legislators from this uniform charge.

Section 17-4-32 creates an additional exemption from the uniform charge by providing judges of probate with access to portions of the list of registered voters at no cost to them. This section states as follows:

The judge of probate shall have access to and be provided with the current list of regis-tered voters within his or her county at no cost within seven days after making the request. If computer access to the list of registered voters is available, upon request for access, the judge of probate shall be provided with immediate on-line availability to the list. No agency, department, or office of the State of Alabama shall pay any cost associated with printing or computer access to a list of registered voters available to a judge of probate under this section.

Ala. Code § 17-4-32 (2006) (emphasis added). The purpose of this sec-tion was to provide judges of probate with free access to the current list of registered voters within their respective counties. The last sentence of this section prevents any state agency, department, or office from paying any costs associated with providing this list to the judges of probate. See, generally, opinion to Honorable Billy R. Weathington, Jr., County Attor-ney, St. Clair County, dated March 13, 1997, A.G. No. 97-00135. This sentence does not create a separate exemption allowing all state agencies, departments, and offices to receive a copy of the entire statewide list of registered voters at no cost. Rather, it specifically permits one group, judges of probate, to receive a no-cost list of the voters registered in their respective counties.

It is important to note that judges of probate are provided with the current list of registered voters " within his or her county ." Ala. Code § 17-4-32 (2006) (emphasis added). Similarly, individual legislators are provided with up to two free printed copies of the voter lists "for their districts." Ala. Code § 17-4-38 (2006) (emphasis added). Neither of these sections of the Code provides a copy of the entire statewide list of registered voters at no cost. Only those portions that are needed by the elected officials are provided.

AOC has requested a free copy of the entire state voter list so that it may update the master juror list from which juror lists for various cir-cuit courts in the state are compiled. The Legislature, however, did not provide for such a use of the statewide voter list in section 17-4-32. Because section 17-4-38 of the Code requires a uniform charge for the production of voter lists and only judges of probate and members of the Legislature are expressly permitted to receive portions of the list at no cost, the Secretary of State is not authorized to provide AOC with a current statewide voter list without assessing the uniform charge required in section 17-4-38 of the Code.

CONCLUSION

Section 17-4-32 of the Code of Alabama does not authorize the Sec-retary of State to provide a current statewide voter list to the Administra-tive Office of Courts without charging the uniform fee required by section 17-4-38 of the Code.

I hope this opinion answers your question. 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

384905/117140