Alabama Advisory Opinions October 10, 1996: AGO 1997-006 (October 10, 1996)

AGO 1997-006.

Dear Judge Bolin:

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

In Jefferson County, is the Appointing Board required to appoint polling officials for a particular precinct from those persons who live within the territorial limits of this precinct?

Your question arises from a request received from a political party that the Appointing Board in Jefferson County appoint election officials without regard to whether the person is a qualified elector of the precinct in which he is appointed to serve. The request also asserts that the current appointment of poll workers pursuant to the requirements of Code of Alabama 1975, _ 17-6-1, conflicts with or violates the 1985 consent decree in Harris v. Conradi which is applicable to the appointment of poll workers in Jefferson County. The consent decree provides a procedure for the appointment of election officials in Jefferson County. This office, as a matter of policy, does not interpret the terms of federal consent decrees. Thus, any questions as to whether the consent decree in Harris v. Conradi is being violated or whether it may be modified should be addressed to the United States District Court that retained jurisdiction in that case.

The Appointing Board in Jefferson County is required to appoint election officials pursuant to a federal consent decree; therefore, any questions relating to the appointment of election officials should be presented to the federal court retaining jurisdiction.

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

B2/10.96/f