Alabama Advisory Opinions August 14, 1998: AGO 1998-203 (August 14, 1998)

AGO 1998-203.

Dear Mr. Jones:

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

If the Board of Registrars discovers that a voter is residing in one precinct, but is assigned to vote in another, does section 17-4-132 give the Board the authority to reassign the voter to the precinct in which he/she resides? If not, by what authority may a reassignment be made?

Section 17-4-132 of the Code of Alabama provides in pertinent part:

When the board has sufficient evidence furnished it that any elector has permanently moved from one precinct to another within the county, it shall transfer the name of such elector to the registration list of the precinct to which such elector has moved, and shall give notice by mail to such elector if the elector has not requested the change of registration.

Section 17-4-132 gives the board the specific authority to reassign an elector to the registration list of the precinct to which he or she has moved. The board has a duty to reassign an elector when there is sufficient evidence that the elector has permanently moved. Furthermore, the Code provides:

Any member or deputy of the board of registrars who neglects or willfully refuses to perform the duties herein required of him shall be guilty of a misdemeanor. . . .

The board of registrars has a duty to reassign an elector when there is sufficient evidence that the elector has permanently moved from one precinct in the county to another. Section 17-4-132 of the Code of Alabama gives the board of registrars the authority to reassign an elector to the registration list of the precinct to which he or she has moved.

Do es the Board have the responsibility to seek out voters residing in one precinct and voting in another? If so, by what authority?

As stated above, section 17-4-132 places a duty on the board of registrars to reassign electors to the proper precinct. This section, however, does not place a duty on the board of registrars to seek out electors voting in the wrong precinct. Section 17-4-132 simply provides that when sufficient evidence is furnished to the board, the board shall reassign the elector. It is the opinion of this Office that the board of registrars does not have an affirmative duty to seek out electors voting in the wrong precinct. When evidence is presented to the board concerning an elector voting in the wrong precinct, the board must determine if the evidence is sufficient to reassign the elector to another voting precinct.

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/wbm

J7.98/M