Alabama Advisory Opinions August 24, 2000: AGO 2000-220 (August 24, 2000)

AGO 2000-220.

Dear Judge Turner:

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

In order for the Reform Party to have a candidate for county commissioner placed upon the upcoming general election ballot, must the Party file a petition with the appropriate official that contains the requisite percentage of signatures comprised of qualified electors who actually voted in the most recent general election, or is the statutory requirement met by the Party filing a petition with the requisite percentage of signatures of qualified electors who are registered to vote in the relevant district, whether or not such electors actually voted in the last general election?

Minor political parties are included on the general election ballot if the petition requirements of section 17-8-2.1 are met. Section 17-8-2.1 states in pertinent part:

The party shall have filed with the Secretary of State or other appropriate official six days after the second primary election a list of the signatures of at least three percent of the qualified electors who casts ballots for the office of Governor in the last general election for the state, county, city, district or other political subdivision in which the political party seeks to qualify candidates for office.

This provision requires the petitioners to be qualified electors of the political subdivision in which the political party is seeking to qualify candidates for office. The number of qualified electors who must sign the petition is at least 3% of the qualified electors who cast ballots for the office of Governor in the last general election in the political subdivision in which the political party is seeking to qualify candidates. The persons who sign the petition are not required to have actually voted in the last general election. This interpretation is consistent with the requirements for ballot access for independent candidates found in section 17-7-1 of the Code of Alabama. See ALA.CODE § 17-7-1 (1995). The imposition of a stricter requirement for ballot access by minor political parties than that required for independent candidates would be subject to a constitutional challenge that a court would most likely find to be unconstitutional. See Patton v. Camp , No. CV 92-V-885-N, (M.D. Ala. 1992) (consent order).

This interpretation of section 17-8-2.1 is currently, and has in the past been, followed by the Office of the Secretary of State. Any change in this practice would require preclearance under section 5 of the Voting Rights Act of 1965 before it could be implemented. 42 U.S.C. § 1773c.

CONCLUSION

The qualified electors who sign petitions filed pursuant to section 17-8-2.1 of the Code of Alabama for minor political party ballot access are not required to have actually voted in the last general election. The number of signatures on the petition must equal at least 3% of the qualified electors who cast ballots for the office of Governor in the last general election for the political subdivision in which the political party seeks to qualify candidates.

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

27095v1/18681