Alabama Advisory Opinions September 25, 1987: AGO 87-00327 (September 25, 1987)

Advisory Opinion Text

Honorable Nelson P. Starkey, Jr.

Member, House of Representatives

158 Cedarcrest Drive

Florence, Alabama 35630

Board of Registrars - Deputy Registars - Reidentification

Deputy registrars may assist in reidentification of voters

Dear Representative Starkey:

You recently inquired of our office whether deputy registrars may assist in the reidentification of voters in Lauderdale County under Act 87-258.

Act. 87-258, of course, does not mention deputy registrars. The Act provides in specific terms only that "[t]he voter may reidentify himself by appearing in person before the board of registrars in the beat in which he resides, or by appearing before the judge of probate, or either of the clerks in the office of the fudge of probate, or before the full-time clerk in the office of the board of registrars, or before the board of registrars in regular session ..." Act 87-258, Section 5.

However, the Code of Alabama 1975 at § 17-4-158 does provide generally that "each board may appoint deputy registrars to aid it in its performance of its lawful duties." In the face of this broad grant of authority, there is no evidence that the legislature thought it inappropriate for boards of registrars to appoint deputies to assist in a board's lawful duty of reidentification. on the contrary, in its general reidentification statute, Id. at § 17-4-180 et seq., the legislature actually mandated that "to assist in the reidentification required by this article ... each board of registrars shall appoint ... at least one or more deputy registrars in each precinct in the country .... Deputy registrars shall be free to reidentify and register any elector at any time ...." Id. at § 17-4-189.

Thus, it is our opinion that deputy registrars duly appointed by the Lauderdale County Board of Registrars may appropriately assist with reidentification under Act 87-258. As always, any person serving as a deputy registrar should be trained by the board of registrars and should serve without compensation. Id . at § 17-4-158.

Respectfully submitted,

DON SIEGELMAN Attorney General

SUSAN E. RUSS Assistant Attorney General