Alabama Advisory Opinions March 13, 2006: AGO 2006-065 (March 13, 2006)

AGO 2006-065.

Dear Mr. Jones:

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

Does section 17-5A-5(c) of the Code of Alabama permit the establishment of a voting center that will be used as a common voting place for two precincts located in separate commission districts?

Your request states that Pike County has six districts, and a county commissioner is elected from each district. Voters in Precinct 5, located in District 1, are separated from voters in Precinct 12, located in District 3, by a public highway. Voters in Precinct 5 in District 1 recently lost their voting place when the owner of the building decided to discontinue its use for this purpose. The only polling place currently available in District 1 for the Precinct 5 voters is located 15 to 20 miles away. The county would like to establish a voting center within the geographical boundaries of District 3 that can be used as the voting place for Precinct 12, District 3, voters and for Precinct 5, District 1, voters. Separate voting machines and poll workers will be used for each precinct in the voting center.

The county commission is required to establish election precincts, including the boundaries of the precincts, and to designate the places of holding elections for each precinct.

Ala. Code §§ 17-5A-4, 17-5A-5 (Supp. 2005). A precinct is a geographical subdivision of a county defined by physical boundaries used for the purpose of holding an election.

Ala. Code § 17-5A-2 (1995). Sometime a precinct is referred to as a "voting district." Id . A county may subdivide a precinct into voting districts for purposes of further defining the number of voters within that precinct that will be assigned to a designated voting machine or box within that precinct.

Ala. Code § 17-5A-4 (Supp. 2005).

Voting centers may also be established under section 17-5A-5 of the Code of Alabama, which states, in pertinent part, that, "[n]otwithstanding the foregoing, any county, by local law, may establish voting centers by combining voters from two or more precincts in order to create a voting center in order to facilitate, or reduce costs, for elections . "

Ala. Code § 17-5A-5(c) (Supp. 2005).

This provision of the Code of Alabama authorizes the county, by a local law, to establish a voting center for voters from two or more precincts. Nothing in the Code provides that the voting center is limited to voters from precincts within the same county commission district. It is the opinion of this Office that section 17-5A-5(c) of the Code allows the county to create a voting center where voters in two or more precincts from the same or from different commission districts may come to cast their votes, if a local law authorizing the creation of voting centers has been passed. Of course, the county commission does not have the authority to pass a local law. This must be accomplished through the Legislature under its authority to pass local laws applicable to a particular county. See Ala. Const. art. IV, §§ 106, 110 (amends. 341, 375, 397).

Section 17-5A-5(c) of the Code of Alabama allows the county to create a voting center where voters in two or more precincts from different commission districts may come together to cast their votes, if a local act authorizing the creation of a voting center has been passed by the Legislature.

I hope this opinion answers your question. If this Office can be of further assistance, please contact me.

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

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