Alabama Advisory Opinions December 13, 2004: AGO 2005-030 (December 13, 2004)

AGO 2005-030.

Dear Ms. Frazier:

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

If a voter's property resides in two districts, but the voter's house only resides in one district, can the voter select the district in which he or she votes?

Your request states the following:

We have a number of voters who clearly reside in Precinct 11 and, prior to 2002, voted in Precinct 11. In 2002, however, they chose to change their voting precinct. Their reasoning was that their property extends into Precinct 1A; therefore, they should have the right to vote in 1A if they so choose.

Shenandoah Road is the dividing line between the precincts in question. The homes of all voters in question are located on the Precinct 11 side of the road . . . .

Section 17-3-12 of the Code of Alabama describes as follows the circumstances in which a voter may select his or her district or precinct of residence:

When the place of residence of any person is located partly in two or more counties, districts or precincts, such persons may select the county, district or precinct of their residence, and to that end may file a statement in writing in the office of the judge of probate of the county selected, setting forth the locality of their residence and the lines passing through the same, together with the county, district or precinct selected for residence, which statement, when filed and recorded, shall establish the residence of the person filing it in the county, district or precinct of their selection.

Ala. Code § 17-3-12 (1995). In addition, section 17-3-13 of the Code of Alabama provides as follows:

Any person who may be declared to be a liner between counties, districts or precincts, and shall have fixed his or her citizenship according to law and that may be hereafter provided in such cases, shall be construed a citizen and elector of the county, district or precinct in which he or she so fixes his or her citizenship, for all the purposes of this title.

Sections 17-3-12 and 17-3-13 designate someone as a liner if that person's "place of residence" is located partly within two or more districts, counties, or precincts. Ala. Code §§ 17-3-12, 17-3-13 (1995). The answer to your question hinges on whether "place of residence" denotes a voter's dwelling house and surrounding property or only the voter's dwelling house.

The Alabama Supreme Court has held that a person is a liner if the line in question passes through the dwelling house so that part of the house lies partly in one county, district, or precinct, and the other part lies in a different county, district, or precinct. Hobbie v. Vance , 292 Ala. 367, 371, 294 So. 2d 743, 747 (1974); see Opinion to Honorable Booker T. Forte, Jr., Attorney, Town of Boligee, dated April 17, 2001, A.G. No. 2001-152. If the line does not pass through the house, then the person is a resident of the county, district, or precinct in which the dwelling is located. Id.

Therefore, a voter may choose the district in which he or she votes if the district boundary line passes through some part of the voter's dwelling house. If the district boundary line does not pass through some part of the dwelling house, the voter may only vote in the district that encompasses his or her dwelling. Because the homes in question are all situated entirely within the Precinct 11 boundary, the voters who reside in those homes may only vote in Precinct 11.

A voter may choose the district in which he or she votes if the district boundary line passes through some part of the voter's dwelling house. If the district boundary line does not pass through some part of his or her dwelling house, the voter may only vote in the district that encompasses his or her dwelling.

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

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/BFS/WRP

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