Alabama Advisory Opinions September 13, 1988: AGO 88-00447 (September 13, 1988)

Advisory Opinion Text

Representative Nelson R. Starkey, Jr.

301 North Pine Street

Florence, Alabama 35630

Elections - Board of Registrars - Voter Registration - Voter Re identification

Act No. 88-659 would take precedence over the local Act No. 88-225 and therefore the pay scale set forth in Act No. 88-659 would be the appropriate scale in determining the wages for the Lauderdale County voter reidentification session.

Dear Representative Starkey:

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

QUESTION

Please examine Act No. 88-225 and Act No. 88-659, both of which passed during this last session, and give an opinion on which pay scale will be used for the Lauderdale County voter reidentification sessions.

FACTS AND ANALYSIS

In answer to your question, Article IV Section 5 of the Alabama Constitution requires that general laws take precedence over local laws except laws fixing the time of holding courts. Section 5 provides in pertinent part that:

"No special, private, or local law, except a law fixing the time of holding courts, shall be enacted in any case which is provided for by a general law, or when the relief sought can be given by any court of this state; and the courts, and not the legislature, shall judge as to whether the matter of said law is provided for by a general law, and as to whether the relief sought can be given by any court; nor shall the legislature indirectly enact any such special, private, or local law by the partial repeal of a general law."

It is the opinion of this office that Act No. 88-659 would take precedence over the local Act No. 88-225 and therefore the pay scale set forth in Act No. 88-659 would be the appropriate scale in determining the wages for the Lauderdale County voter reidentification session.

CONCLUSION

Each member of the Board of Registrars shall receive $50.00 per day, for each day's attendance upon the special session of the Board as set forth in Act No. 88-659.

I hope this sufficiently answers your question. If our office can be of further assistance, please do not hesitate to contact us.

Sincerely,

DON SIEGELMAN, Attorney General.

GREGORY O. GRIFFIN, Assistant Attorney General.