Alabama Advisory Opinions August 13, 2015: AGO 2015-059 (August 13, 2015)

Advisory Opinion Text

Honorable Charles C. Woodroof

Limestone County Probate Judge

100 South Clinton Street, Suite D

Athens, Alabama 35611

Counties - Alcoholic Beverages -Referendum Election - Petitions -Signatures - Probate Judges

The Probate Judge is responsible for verifying that the individuals who sign a petition filed pursuant to section 28-2-1 of the Code of Alabama are valid registered voters.

Electronic signatures obtained online and/or on electronic signature pads, if printed and submitted with said petition, are not valid signatures as required by section 28-2-1 of the Code.

The signatures of registered voters, who reside in Limestone County within the municipalities of Athens, Decatur, Huntsville, and/or Madison, on a petition filed with the Probate Judge pursuant to section 28-2-1 of the Code are allowed to count toward the 25 percent requirement to call for an election pursuant to section 28-2-1 of the Code.

Only the Limestone County electors residing outside of the corporate limits of Athens, Decatur, Huntsville, and Madison may participate in the referendum held pursuant to section 28-2-1 of the Code.

Dear Judge Woodroof:

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

QUESTIONS

(1) Who is responsible for verifying that the individuals who sign a petition filed pursuant to section 28-2-1 of the Code are valid registered voters?

(2) Are electronic signatures obtained online and/or on electronic signature pads, if printed and submitted with said petition, valid signatures as required by section 28-2-1 of the Code?

FACTS AND ANALYSIS

Section 28-2-1 sets forth the procedure for elections to determine the classification of counties as "wet" or "dry" counties. The term "wet county" denotes any county where a majority of those residing within the county voted affirmatively for the legal sale and distribution of alcoholic beverages. The term "dry county" denotes any county where a majority of the residents voted in the negative in the election regarding the sale and distribution of alcoholic beverages.

In your letter of request, you submitted several questions regarding the appropriate procedures to be followed with respect to a referendum election that you anticipate occurring in the near future. This particular election would be held pursuant to section 28-2-1, et seq., of the Code and would determine whether the classification of Limestone County would change from "dry" to "wet." Your initial questions seek guidance regarding the verification process for signatures and the appropriateness of electronic signatures obtained online and/or on electronic signature pads if printed and submitted with said petition.

Prior to an election being called regarding the legal sale and distribution of alcohol within a county, section 28-2-l(a) requires a petition to be filed with the probate judge that contains 25 percent of the number of voters voting in the last general election. Ala. Code § 28-2-1 (2013). Previously, this Office determined that with matters filed in the office of the Probate Judge, the probate judge is responsible for confirming the validity of the signatures. Opinion to Honorable Calvin Steindorff, Probate Judge of Butler County, dated February 1, 1984, A.G. No. 84-00145; opinion to Honorable John L. Beard, Probate Judge of Marshall County, dated November 25, 1981, A.G. No. 82-00102.

Your request states that organizers have asked whether the Uniform Electronic Transactions Act ("UETA"), which is codified in sections 8-A-1 through 8-1A-20 of the Code, or any other similar law authorizes electronic signatures that have been obtained to be printed, submitted, and considered valid signatures pursuant to section 28-2-1 of the Code. It is important to understand that the IJETA "does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form." Ala. Code § 8-1A-5(a) (2002). Instead, the provisions of the UETA are to be construed in a manner that, among other things, facilitates electronic transactions with other applicable law between parties that have agreed to conduct transactions by electronic means. Ala. Code § 8-1A-5(b) & 8-1A-6(1) (2002).

Section 8-1A-3(c)(1) of the Code expressly states that the UETA does not apply to "[c]ourt orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings.'' Ala. Code § 8-1A-3(c)(1) (2002) (emphasis added). Moreover, the UETA authorizes the Alabama Supreme Court, any other court, judicial official, entity, or governmental agency with rulemaking authority to determine, by rule, whether and the extent to which, it will send, accept, create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. Ala. Code § 8-1A-18(a) (2002).

Any petition, once filed pursuant to section 28-2-1(a) of the Code, becomes an official document of the probate court. Electronic documents are accepted in both civil and criminal matters as a result of administrative rules passed by the Supreme Court of Alabama. This Office, however, is unaware of a particular law or rule that expressly authorizes the use of electronic documents with respect to petitions for a referendum election. A specific law or rule would be necessary in this particular instance because the contemplated documents fit within an exception to the UETA provisions.

CONCLUSION

The Probate Judge is responsible for verifying that the individuals who sign a petition filed pursuant to section 28-2-1 of the Code are valid registered voters.

Electronic signatures obtained online and/or on electronic signature pads, if printed and submitted with said petition, are not valid signatures as required by section 28-2-1 of the Code.

QUESTION

(3) Are signatures of registered voters, who reside in Limestone County within the municipalities of Athens, Decatur, Huntsville, and/or Madison, on a petition filed with the Probate Judge pursuant to section 28-2-1 of the Code allowed to count toward the 25 percent requirement to call for an election under this section?

FACTS AND ANALYSIS

Section 28-2-1 requires a "petition containing 25 percent of the number of voters voting in the last general election to be filed with the probate judge of the county" for a referendum to be held to determine whether the county will be wet or dry. Ala. Code § 28-2-1 (2013). This Office notes that Athens, Decatur, Huntsville, and Madison are all municipalities that have already completed the statutory requirements to become wet pursuant to section 28-2A-1 of the Code. Nothing within section 28-2-1 of the Code, expressly or impliedly, requires that persons signing the petition reside in municipalities that are either wet or dry. Accordingly, it is the opinion of this Office that a petition containing the signatures of 25 percent of the number of voters voting in the preceding general election, who are registered voters within the county at the time the petition is verified and regardless of that elector's residence within the county, would be sufficient for a referendum to be held.

CONCLUSION

The signatures of registered voters, who reside in Limestone County within the municipalities of Athens, Decatur, Huntsville, and/or Madison, on a petition filed with the Probate Judge pursuant to section 28-2-1 of the Code of Alabama are allowed to count toward the 25 percent requirement to call for an election pursuant to section 28-2-1 of the Code of Alabama.

QUESTION

(4) Assuming the requisite 25 percent of voters voting in the preceding general election on November 4, 2014, is obtained on the petition and an election is called pursuant to section 28-2-1 of the Code, which voters residing in Limestone County within the municipalities of Athens, Decatur, Huntsville, and/or Madison are allowed to vote in said election?

FACTS AND ANALYSIS

In your letter of request, you informed this Office that certain municipalities (Athens, Decatur, Huntsville, and Madison) had already completed the statutory requirements to become "wet municipalities" pursuant to section 28-2A-1. Ala. Code § 28-2A-1 (2013). Section 28-2A-l(d) of the Code prohibits electors residing within "wet municipalities" from participating in a referendum held to determine whether the county within which the municipality is located may become "wet" as well. Id. This provision states, in pertinent part, as follows:

All other laws to the contrary notwithstanding, the electors residing within the corporate limits of any such municipality that has become wet pursuant to a municipal option election held under this article shall not be entitled to vote in any subsequent county election or special method referendum held to determine if the county in which such municipality is located shall become wet. The question of whether such county shall become wet shall be decided by the electors of such county residing outside the corporate limits of such wet municipality as otherwise provided by law.

ALA. Code § 28-2A-1(d) (2013).

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. In re Inc. of Caritas Vill. v. Fuhrmeister, ___So.3d___, 152 So.3d 1238, 1241 (Ala. 2014); Slagle v. Ross, 125 So.3d 117, 123 (Ala. 2012). Based on the plain language of the statute, the question of whether a county will become wet is to be decided by county electors residing outside the corporate limits of any wet municipality. Accordingly, only the Limestone County electors residing outside of the corporate limits of Athens, Decatur, Huntsville, and Madison may participate in the referendum held pursuant to section 28-2-1 of the Code.

CONCLUSION

Only the Limestone County electors residing outside of the corporate limits of Athens, Decatur, Huntsville, and Madison may participate in the referendum held pursuant to section 28-2-1 of the Code of Alabama.

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

Sincerely,

LUTHER STRANGE, Attorney General.

BRENDA F. SMITH Chief, Opinions Division