Alabama Advisory Opinions April 22, 2004: AGO 2004-125 (April 22, 2004)

AGO 2004-125.

Dear Judge Davis:

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

Does a postcard, which includes the name and address of the voter that is sent by Mobile County to all registered voters in Mobile County during the month of May before the 2004 election cycle, constitute an acceptable form of voter identification that can be utilized during the 2004 election cycle in conformity with section 17-11A-1 of the Code of Alabama?

Section 17-11A-1 of the Code of Alabama, referred to as the Voter Identification Law, requires voters to present some form of identification before voting. The acceptable forms of identification are set forth in this section, which states, in pertinent part, as follows:

(b) Each elector shall provide identification to an appropriate election official prior to voting. A voter required to show identification when voting in person shall present to the appropriate election official either of the following forms of identification:

(1) A current valid photo identification.

(2) A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. The term "other government document" may include, but is not limited to, any of the following:

a. A valid identification card issued by a branch, department, agency, or entity of the State of Alabama, any other state, or the United States authorized by law to issue personal identification.

b. A valid United States passport.

c. A valid Alabama hunting or fishing license.

d. A valid Alabama permit to carry a pistol or revolver.

e. A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States.

f. A valid United States military identification card.

g. A certified copy of the elector's birth certificate.

h. A valid Social Security card.

i. Certified naturalization documentation.

j. A certified copy of court records showing adoption or name change.

k. A valid Medicaid card, Medicare card, or an Electronic Benefits Transfer Card (formerly referred to as a "food stamp card").

This section provides that an acceptable government document must show the name and address of the voter. The examples of acceptable government documents that are given in this section do not include a voter registration card issued by the county board of registrars; however, the acceptable forms of identification are not limited to this list. See Opinion to Honorable Nancy L. Worley, Secretary of State, dated August 12, 2003, A.G. No. 2003-212, 8-9. Therefore, the question is whether the voter registration card is an acceptable "other government document that shows the name and address of the voter."

Your request includes a sample of a voter registration card issued by Mobile County, sometimes called a "certificate of registration" or a "voter identification card." See Opinion to Honorable Joan Neville, Chairman, Board of Registrars, Morgan County, dated January 23, 1992, A.G. No. 92-00141. The sample voter registration card tells a voter the voting center and voting precinct in which the voter is registered to vote. The card indicates the districts in which a voter is registered, such as county commission, school board, senate, house of representatives, municipal, and congressional. The sample card includes the name and address of the voter on the card. The card also provides the name, address, and phone number of the board of registrars that issued the card. It is the opinion of this Office that the voter registration card issued by the county board of registrars that includes the name and address of the voter on the card is an "other government document" that may be used by the voter as voter identification under section 17-11A-1 of the Code of Alabama.

The voter registration card, issued by the county board of registrars, that includes the name and address of the voter on the card is an "other government document" that may be used by the voter as voter identification under section 17-11A-1 of the Code of Alabama.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

TROY KING

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

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