Alabama Advisory Opinions August 05, 1996: AGO 1996-286 (August 5, 1996)

AGO 1996-286.

Dear Ms. Sims:

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

1. Is the Board of Registrars required to update the voter list during the period between a primary election and a primary run-off?

2. May election officers serve at a polling place, which is not their assigned polling place, during the primary run-off?

Code of Alabama 1975, _ 17-4-231, states:

" After the close of polls in all primary , special, general and municipal elections held in the state, the records and forms produced at the polling places shall be returned as follows:

(1) The list of registered voters and the voter reidentification forms shall be sealed in an envelope addressed to the board of registrars and the inspectors and any poll watchers present sign across the seal. The board of registrars shall hold the list of registered voters as a public record while using it to update their voter histories in accordance with Article 8 of this chapter . The list shall then be returned to the city clerk in municipal elections and the judge of probate in all other elections." (Emphasis added.)

We note that no time frame is given in this section as to the completion of the voter history update. The time period between the regularly scheduled primary election and the run-off is only 21 days. A procedure is set forth in Article 8 for striking voters from the registration lists and placing them on the inactive lists for failure to vote for four years and requiring reidentification in order to be placed on the active list. Code of Alabama 1975, _ 17-4-213.

Pursuant to Code of Alabama 1975, _ 17-4-129, the probate judge is required to publish a correct list of the qualified voters by the precinct or subdivision where each elector is registered to vote on or before the twentieth day preceding the "regularly scheduled" primary election. If an elector's name is inadvertently omitted from the list, he has ten days within which to present proper proof to the board of registrars to have his name added to the list. A supplemental list of voters inadvertently omitted from the original list is then published on or before the seventh day preceding the primary election. No person may register to vote within ten days prior to any election. Code of Alabama 1975, _ 17-4-120. Thus, no elector may be added to the voter list within ten days of the election. After registration is closed before the primary election, the board of registrars certifies any changes from the previously prepared list to the probate judge. Code of Alabama 1975, _ 17-4-130. From these lists the probate judge prepares lists of qualified electors by precinct or subdivision for distribution to each polling place.

A primary run-off election is held pursuant to Code of Alabama 1975, _ 17-16-36, and is generally considered a continuation of the primary election. There are no Code provisions that require the publication of the voter list prior to a primary run-off as there is before a regularly scheduled primary election. see , Code of Alabama 1975, _ 17-4-129. Poll officials or workers are appointed for the primary election and serve for the regularly scheduled primary and for any primary run-off. Code of Alabama 1975, _ 17-16-17 and _ 17-6-1. Election officials or poll workers must be qualified electors of the precinct in which they serve. Opinion to Honorable Paul Thomas, Judge of Probate, DeKalb County, dated February 1, 1991, AG No. 91-00156. When the poll workers are appointed for the primary election, the appointment is made from the list of voters as they existed and were published prior to the regularly scheduled primary election. Thus, the poll workers were properly appointed for the regularly scheduled primary election and primary run-off.

Based upon the foregoing, it is our opinion that because the primary election and the primary run-off are generally treated as one election process, the voter histories are to be updated after the primary election run-off. This would allow sufficient time to complete the updates and avoid disruption and confusion between the time of the regularly scheduled primary and the primary run-off. Thus, election officials who were appointed pursuant to their assigned voting places prior to the primary would still be serving in the proper polling places for the primary run-off.

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

S/7.96/f