Alabama Advisory Opinions March 13, 1997: AGO 1997-135 (March 13, 1997)

AGO 1997-135.

Dear Mr. Weathington:

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

1. Whether a county commission is an "agency, department or office of the State of Alabama" as set forth in Code of Alabama 1975, § 17-4-203, which is exempted from paying any cost associated with providing computer access to a list of registered voters to the judge of probate.

2. Does implementation of one of the alternatives described in the statement of facts (provide the probate judge with an updated computer disk on a weekly or monthly basis, or deliver to the probate judge a printed "hard copy" of the list of registered voters), or any similar alternative, comply with the duties and obligations of the county commission and the board of registrars pursuant to Code of Alabama 1975, § 17-4-203?

3. Whether, pursuant to Code of Alabama 1975, § 17-4-190, or any other provision of the Code , the county commission is obligated to pay the cost of computer equipment, monthly telephone line charges, and any other charge associated with providing on-line computer access to the list of registered voters maintained by the county board of registrars and/or the State of Alabama Voter Registration Office.

Probate judges are given access to the list of registered voters pursuant to Code of Alabama 1975, § 17-4-203, which states as follows:

The judge of probate shall have access to and be provided with the current list of registered voters within his or her county at no cost within seven days after making the request. If computer access to the list of registered voters is available, upon request for access, the judge of probate shall be provided with immediate on-line availability to the list. No agency, department, or office of the State of Alabama shall pay any cost associated with printing or computer access to a list of registered voters available to a judge of probate under this section.

The following information is provided in your request.

The St. Clair County Board of Registrars accesses the list of registered voters through a computer link with the Office of Voter Registration in Montgomery. The computer system used by the Board is the Alvin II system used by the Office of Voter Registration. The St. Clair County Probate Judge's Office uses a different computer system. The Board has been printing a list of registered voters on a daily or weekly basis and delivering this "hard copy" to the Probate Judge. The Probate Judge has objected to this method and has requested immediate on-line access to the list of registered voters. The Office of Voter Registration and the Board of Registrars have offered, as an alternative to on-line access, to deliver to the Probate Judge a computer disk, updated on a monthly or weekly basis. The Probate Judge contends that it is the responsibility of the County Commission to fund the cost of providing on-line access to his office. The on-line access will cost approximately $2,000.00 for computer hardware and/or upgraded software and an additional $390.00 per month for a telephone line. St. Clair County has two courthouses, and it is possible that this cost could double to provide access to both courthouses.

The Office of Voter Registration, pursuant to Code of Alabama 1975, § 17-4-211, is responsible for the costs of providing the on-line computer system between the boards of registrars and the Office of Voter Registration, the Alvin II system referred to in your request.

Section 17-4-203 provides that the probate judge shall have access to a copy of the list of registered voters at no cost to the probate judge. This section further provides that if computer access to the list of registered voters is available, at the request of the probate judge, the probate judge shall be provided with immediate on-line availability to the list. The last sentence of this section provides that any cost of providing a copy or computer access to the list shall not be paid by any state agency, department, or office. This section is silent as to whether the probate judge must pay for the cost of the computer access. Immediate on-line computer availability to the list, as used in this section, means the probate judge has access to view the list but does not have carte blanche access to alter the list (makes changes, additions, or deletions), which only the Board is responsible for doing. See , Code of Alabama 1975, § 17-4-231, § 17-4-129, §§ 17-4-200, et seq .

Whether on-line access is available depends upon whether the probate judge's computer system matches the system used by the board. If the probate judge's computer system is not compatible with the board of registrars', then on-line access is physically not available. Absent on-line access, providing the probate judge with a computer disk or a printed copy of the list is compliance with the law. Although the law requires that access be provided to the probate judge, the law does not require that access be provided to each courthouse or each annex.

The foregoing leads to the question whether the county commission is required to pay the costs associated with providing the computer system that will allow the probate judge to have on-line access to the list of registered voters. There are at least two Code provisions that direct the county commission to provide the funds necessary to carry out the duties of the board of registrars. Code of Alabama 1975, § 17-4-190, states:

The county commission of each county is hereby authorized, directed, and required to furnish the county board of registrars with the supplies, equipment, printed forms, stationery and newspaper advertisements necessary for the performance of their duties as herein provided.

All county governing bodies are authorized and directed to expend county funds for supplies, equipment, telephone service, office space and clerical help as may be necessary to carry out the purposes and provisions of this chapter. Any clerical personnel who work under the direction of the board of registrars shall be selected by the board of registrars, and the compensation shall be set by the governing body.

Clearly, under these provisions, it is the responsibility of the county commission to supply the funds needed by the board of registrars to carry out their duties, but there is no provision of law that requires the board to provide on-line access if the probate judge's computer system is not compatible. If the probate judge needs additional equipment or funds to make his system compatible, those costs must be borne by the probate judge's office. Although the county commission appropriates funds for the operation of the probate judge's office, the county commission is not specifically required by any provision of law to provide the probate judge with the funds to make the system compatible. Code of Alabama 1975, § 11-8-3.

On-line computer access is available to the probate judge if the probate judge has a computer system compatible with the system used by the board of registrars. Providing the probate judge with a computer disk or a printed copy of the list is compliance with Code of Alabama 1975, § 17-4-203. The county commission is not required to provide the probate judge with the funds needed to make the system compatible.

I hope this sufficiently answers your questions. If our office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: RICHARD F. ALLEN

Chief Deputy Attorney General

BP/BFS

W2/2.97/f