Alabama Advisory Opinions July 26, 1999: AGO 1999-257 (July 26, 1999)

AGO 1999-257.

Dear Mr. Wettermark:

This opinion of the Attorney General is issued in response to your request on behalf of the Mobile County Commission.

Should the absentee voting laws in effect prior to the enactment of Act No. 99-388 be used with respect to any election held before Act No. 99-388 is precleared?

Your request indicates that a special election will be held in Mobile County on August 17, 1999.

Act No. 99-388, signed into law on June 9, 1999, made changes to portions of the absentee voting laws. On June 29, 1999, this Office mailed its submission of those changes to the United States Justice Department for preclearance. Any statutes subject to the preclearance requirements of Section 5 of the Voting Rights Act are ineffective until they are precleared by the federal authorities. N.A.A.C.P. v. Hampton County Election Commission , 470 U. S. 186 (1985). Accordingly, the provisions of Act No. 99-388 cannot be implemented until the Act has been precleared.

The United States Justice Department has 60 calendar days from the receipt of the submission in which to interpose an objection to a change. 42 U.S.C. § 1973c. The 60-day period, with respect to the submission of Act No. 99-388, will not have run in time for the changes in the Act to be implemented with respect to an August 17, 1999, election.

The absentee voting laws in effect prior to the enactment of Act No. 99-388 should be used with respect to any election held before Act No. 99-388 is precleared.

I hope this opinion answers your question. 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

9273v.1/6982