Alabama Advisory Opinions July 15, 1999: AGO 1999-251 (July 15, 1999)

AGO 1999-251.

Dear Mr. Jones:

This opinion of the Attorney General is issued in response to your request on behalf of the St. Clair County Board of Registrars.

QUESTIONS

1. Does Hunter v. Underwood , 471 U.S. 222 (1985) overrule section 17-4-132 of the Code of Alabama, which prohibits registration of convicted felons?

2. Must the Board of Registrars unpurge those convicted felons on current voter lists?

Section 17-4-132 provides in part:

The board of registrars shall purge the registration list whenever it receives and confirms that a person registered to vote in that county has . . . been convicted of any offense mentioned in section 182 of the Constitution since being registered or otherwise becomes disqualified as an elector.

Section 182 of the Constitution of Alabama disqualified certain persons from registering and voting, including those persons convicted of "any infamous crime or crime involving moral turpitude." ALA. CONST. art. VIII, § 182 (this section has since been amended by Amendment No. 579).

In the case of Hunter v. Underwood , 471 U.S. 222 (1985), the United States Supreme Court declared that section 182 of the Constitution of Alabama, requiring disenfranchisement for crimes involving moral turpitude, as applied to misdemeanor offenses, was unconstitutional as violative of the Equal Protection Clause of the 14th Amendment. See Opinion to Honorable Allen Tapley, Administrative Office of Courts, dated June 5, 1995, A. G. No. 85-00371. The Hunter decision negates the provision of section 182 pertaining to misdemeanor offenses, but does not negate the provision prohibiting felony offenders from voting. Accordingly, any person convicted of a felony is prohibited from voting, and convicted felons who have been purged from the voters list are not to be unpurged pursuant to the Hunter decision.

A person convicted of a felony is prohibited from voting. The decision in Hunter v. Underwood does not require registration of convicted felons or the unpurging of convicted felons.

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: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS/LMc

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