Alabama Advisory Opinions November 13, 1995: AGO 96-00038 (November 13, 1995)

Advisory Opinion Text

Honorable Joan Keat, Chairman

Madison County Board of Registrars

Madison County Courthouse, Room 417

100 Northside Square Huntsville, AL 35801-4820

Registrars, Board of - Poll Lists - Political Parties

Any voter information, except social security numbers, on file in the Office of Voter Registration is available for a fee to anyone who requests the information.

Dear Ms. Keat:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION

Given that the Board is only authorized to give political parties a list of registered voters with addresses included, how can non-partisan candidates obtain a list of registered voters that includes addresses?

FACTS AND ANALYSIS

Code of Alabama 1975, § 17-4-122, states:

"... 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 . ..." (Emphasis added.)

Pursuant to this provision, political parties may obtain from the board of registrars the names, addresses and all other information concerning registered voters. Opinion to Honorable Faye H. Cowling, Baldwin County Board of Registrars, dated March 3, 1986, A.G. No. 86-00169. Our research reveals that there is no provision that allows non-partisan individuals or groups to obtain the names and addresses of voters from the board of registrars. However, as a part of the state implementation of the National Voter Registration Act of 1993 (the Motor Voter Act), anyone may obtain this information from the Alabama Office of Voter Registration. The dissemination of information from the Office of Voter Registration as maintained on the state voter file computer is required by Code of Alabama 1975, § 17-4-252. The statewide voter file is established pursuant to Code of Alabama 1975, § 17-4-210, et seq .

Section 17-4-252 states:

"The Director of Voter Registration 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 applicant. Hindrances shall not be created or devised to delay transmission of tapes, discs, or lists to any applicant. Except as provided in this section, there shall be a uniform charge for the production of voter lists. The costs of the basic electronic copy of the statewide file shall be reasonable as determined by the Office of Voter Registration and a fee schedule shall be conspicuously posted in the office of the director. 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 Voter Registration is accessible to anyone making application, except social security numbers which are not to be released . ..." (Emphasis added.)

Based upon the foregoing, any voter information, except social security numbers, on file in the Office of Voter Registration is available for a fee to anyone who requests the information. Accordingly, non-partisan groups may obtain the names and addresses of voters from the Office of Voter Registration.

CONCLUSION

Any voter information, except social security numbers, on file in the Office of Voter Registration is available for a fee to anyone who requests the information.

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

Sincerely,

JEFF SESSIONS Attorney General

JAMES R. SOLOMON, JR. chief, Opinions Division