Alabama Advisory Opinions December 30, 1997: AGO 1998-063 (December 30, 1997)

AGO 1998-063.

Dear Mr. Jones:

This opinion of the Attorney General is issued in response to your request.

1. Does the chief clerk, other poll workers, the probate judge, or any other official have the authority to make an arbitrary decision to allow someone to vote who is not on that precinct or county voters list?

2. If so, under what circumstances?

3. Should the Office of Voter Registration be the authority to make that decision; if not, what is the duty of the board of registrars?

4. Should a person be allowed to vote, by anyone's authority, if he is not on the county's voters list?

Section 17-4-127 of the Code of Alabama is applicable to your questions and states:

It shall be unlawful for any elector to cast his or her ballot during any general election, primary election, municipal election or special election in any precinct, any district, any ward or any other subdivision where his or her name does not duly appear upon the official list of such precinct, district, ward or subdivision. All ballots cast in any election contrary to the provisions of this section are hereby declared illegal and, upon a contest duly instituted, such ballots shall be excluded in determining the final result of any election; provided, that nothing in this section shall prevent any qualified elector residing in said precinct, ward or voting district from voting after presenting a proper certificate from the board of registrars, or from voting a challenge ballot with the proper officials of said box or voting place.

This section provides two methods by which a person may have his or her name added to the voters list at the polls and, thus, be allowed to vote. Opinion to Honorable Vestula Thompson, Chairman, Shelby County Board of Registrars, dated June 10, 1985, A. G. No. 85-00378. First, the person may present a certificate from the board of registrars that verifies that he or she is a registered voter of that precinct. Second, if the person does not have a certificate from the board of registrars, the person may be allowed to vote a challenge ballot in accordance with the appropriate challenge ballot procedures. See , ALA. CODE § 17-12-1 and § 17-16-23 (1995).

A person whose name does not appear on the voters list at the polls may have his name added to the voters list and be allowed to vote if the person presents a certificate from the board of registrars that verifies his registration, or he may vote a challenge ballot.

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

Sincerely,

BILL PRYOR

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

BP/BFS

J/11.97/f