Alabama Advisory Opinions October 05, 2001: AGO 2002-014 (October 5, 2001)

Alabama Attorney General Opinions

2001.

AGO 2002-014.

Dear Mr. Bennett:

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

QUESTION

Are the electronic transmission and database expenses incurred by the Office of Voter Registration in compliance with Act No. 94-826, codified at section 17-4-250, et seq ., of the Code of Alabama, payable from either the Registration of Voters Special Services Program Account or the Election Expenses Special Services Program Account?

FACTS AND ANALYSIS

You state in your request that the system by which boards of registrars update the state computer file with voter registration information involves electronic transmission and database expenses to be paid by the Office of Voter Registration to the Information Services Division of the Alabama Department of Finance.

The State Legislature adopted and implemented the National Voter Registration Act of 1993 by Act No. 94-826, which is codified at sections 17-4-250, et seq ., of the Code of Alabama. Section 17-4-255 provides that "[t]he Secretary of State shall promulgate rules and regulations and prescribe forms as shall be necessary to implement the National Voter Registration Act of 1993. . . ." ALA. CODE § 17-4-255 (1995). The section also provides that the Director of the Office of Voter Registration shall be under the direct supervision of the Secretary of State for the implementation of the National Voter Registration Act of 1993. Section 17-4-251 allows the Secretary of State to "hire a computer programmer and other necessary personnel" to carry out the additional responsibilities of the National Voter Registration Act. ALA. CODE § 17-4-251 (1995). Section 17-4-252 provides that:

The Director of Voter Registration shall ensure that all applicants obtain requested voter lists in a timely manner. Methods shall be established for the transmission of tapes, discs, or lists to any applicant. . . . Except as provided in this section, there shall be a uniform charge for the production of voter lists. The costs of the basic electronic copy of the statewide file shall be reasonable as determined by the Office of Voter Registration and a fee schedule shall be conspicuously posted in the office of the director. Costs of printed copies of lists are as otherwise provided by law. . . . Proceeds from the sale of tapes, discs, lists, labels, or other materials from the Office of Voter Registration shall be retained by the Director of the Office of Voter Registration for use in the Office of Voter Registration. . . .

ALA. CODE § 17-4-252 (1995).

Section 17-4-254 of the Code of Alabama establishes the Voter Registration Fund and reads as follows:

There is established a separate trust fund in the State Treasury to be known as the Voter Registration Fund. All receipts collected under this act by the Office of Voter Registration are to be deposited in this fund. The receipts shall be disbursed only by warrant of the State Comptroller drawn upon the State Treasury supported by itemized vouchers approved by the Director of Voter Registration. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriations acts.

ALA. CODE § 17-4-254 (1995).

You indicate that billings by the Department of Finance for contractual computer services greatly exceed the amount available in the Voter Registration Fund, and an additional funding source must be found. Possible funding sources include the Election Expenses Special Services Program Account and the Voters Special Services Account. Sections 17-21-1 through 17-21-6 of the Code of Alabama provide for the reimbursing of counties for expenses of certain elections. The Election Expenses Special Services Program is funded by the Legislature through a line-item appropriation from the State General Fund in accordance with section 17-21-6. This section provides for the appropriation of any funds in the State Treasury, not otherwise appropriated, as may be necessary to carry out the provisions of chapter 21 of title 17. Section 17-21-5 provides that "[t]he State of Alabama shall reimburse a county for all sums expended by the county in the payment of expenses incurred in holding and conducting an election at which only amendments to the Constitution affecting the State of Alabama as a whole are voted upon." ALA. CODE § 17-21-5 (1995).

Section 17-21-1 of the Code of Alabama defines "expenses" and limits said expenses to those specifically enumerated. Section 17-21-1 provides, in part, that:

As used in this chapter, the term "expenses" shall include the following items, and no other:

* * *

(5) The cost of preparing and furnishing the list of qualified electors to the election officials as required by law.

ALA. CODE § 17-21-1 (1995). Section 17-21-1(5) is sufficiently broad to allow for the utilization of the Election Expenses Special Services Program Account to pay for electrical transmissions and database expenses when there are insufficient funds in the Voter Registration Fund to pay the Department of Finance.

The Registration of Voters Special Services Program is funded by the Legislature through a line-item appropriation from the State General Fund in accordance with sections 17-4-126 and 17-4-153 of the Code of Alabama. Section 17-4-129 provides for a list of registered voters to be published by the probate judge. Such list shall be accompanied by a certificate that said lists contain the name of all qualified electors registered as of the date shown on the list certified by the board of registrars. Section 17-4-130 provides that the board of registrars shall, when registration is closed before a primary, general, or special election, certify to the judge of probate any additions, deletions, corrections, or changes from the list previously prepared and submitted to the judge. From this list the probate judge shall prepare a correct alphabetical list of qualified voters appropriately divided or subdivided. Section 17-4-126 provides that:

The Department of Finance shall, at the expense of the state, have prepared and furnished to the Secretary of State and by him to be furnished to the boards of registrars in the several counties a sufficient number of forms and notices necessary to carry out their lawful functions. The cost of the publication of the notices required to be given by the registrars shall be paid by the state. The bills therefor shall be rendered to the Director of Finance and approved by him.

ALA. CODE § 17-4-126 (1995).

Section 17-4-153 provides for compensation and allowances for registrars. Said section further provides that travel and other expenses shall be paid by the county commissions to the boards of registrars, and the state shall reimburse the county commissions based on a written request submitted by the county commissions to the State Comptroller.

Chapter 4 of title 17, specifically section 17-4-129, is sufficiently broad to allow for the utilization of the Registration of Voters Special Services Program Account to pay for electrical transmissions and database expenses when there are insufficient funds in the Voter Registration Fund to pay the Department of Finance.

Section 17-21-1(5) is sufficiently broad to allow for the utilization of the Election Expenses Special Services Program Account to pay the Department of Finance for electrical transmissions and database expenses. Articles 5 and 6 of chapter 4 of title 17 are sufficiently broad to allow for the utilization of the Registration of Voters Special Services Program Account to pay the Department of Finance for the payment of electrical transmissions and database expenses.

CONCLUSION

When there are insufficient funds in the Voter Registration Fund Account, the Election Expenses Special Services Program Account and the Registration of Voters Special Services Program Account may be used to pay the Department of Finance for contractual costs associated with electrical transmissions and database expenses.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Aaron W. Nelson, Legal Division, Department of Examiners of Public Accounts.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/CJS/AWN

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