Alabama Advisory Opinions April 11, 1996: AGO 1996-181 (April 11, 1996)

AGO 1996-181.

Dear Judge Allison:

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

Is it permissible for the Probate Judge and the Board of Registrars of Walker County to follow the procedure outlined in this request with respect to the June 1996 primary elections?

Your request states that recently the Walker County Commission reapportioned commission district lines and redefined beat lines by visible boundaries. A map of the new commission district lines and the new beat lines was submitted to the Justice Department and was precleared on January 16, 1996. A copy of this map was submitted to your office (probate judge's office) in February 1996.

Your request further states that your office and the Board of Registrars have been trying to update the voter's list to comply with the new beat lines. Unfortunately, the addresses on file are not sufficient to ascertain where approximately 18,000 voters live and thus it is physically impossible to prepare the voter's list by the new beat lines in time for the upcoming June elections. The following procedure is proposed for use in the 1996 elections in order to allow voters to vote in the new beats and commission districts:

Retain the present voting places with the present voter lists and have a map of the new lines, both beat and commission district, available at the polling places where the changes are to be made, ask each voter for their correct address, mailing and residence, then locate their residence address on the map. Ballot types will be printed to coincide with the new beat lines and commission district lines and each voter will be given the proper ballot type. Thus allowing each voter to be voting in the correct beat and commission district. Following the election, the Board of Registrars can update records and place the voters in the proper beats and commission districts according to addresses and ballot type. This procedure will be less confusing to the voter and assure that each voter will be voting in the proper beat and commission district.

The county commission is authorized to make these beat and district line changes pursuant to Code of Alabama 1975, _ 11-3-1.1 and Code of Alabama 1975, __ 17-5A-1, et seq . Sections 17-5A-1, et seq ., provide requirements for notice of the district and beat or precinct changes. The probate judge is also required to prepare a separate, correct list of all the qualified voters for each voting place based upon the changes in beat and district lines. In addition, this office has held that when changes are made in voting precincts and locations, new voter identification cards should be issued to the voters before the election. Opinion to Honorable Joan Neville, Chairman, Morgan County Board of Registrars, dated January 23, 1992, A.G. No. 92-00141. Although this office cannot advise you to ignore the Code requirements, you have stated that in this situation it is an impossibility for the probate judge and the board of registrars to compile a correct voter list based upon these changes and notify each voter affected. It is our opinion that you must attempt to comply with all Code provisions; however, if this is impossible, reasonable notice should be given to the public and the voters of the proposed procedure, as well as notice of the new district and beat lines.

In addition, the proposed procedure, which is a change in voting procedure, must be submitted to the U. S. Justice Department for preclearance. We understand that this has been done.

The Probate Judge and the Board of Registrars of Walker County may follow the procedure outlined herein with respect to the June 1996 primary elections if it is impossible to comply with the Code requirements. The proposed procedure must be submitted to the Justice Department for preclearance.

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

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

JS/BFS

A/3.96/f