Alabama Advisory Opinions January 31, 2008: AGO 2008-48 (January 31, 2008)

Alabama Attorney General Opinions

2008.

AGO 2008-48.

Dear Mr. Turnbach:

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

QUESTIONS

Under current Alabama law, who is authorized to select the number of electronic voting machines for each voting place?

What are the guidelines to determine the maxi-mum number of voters for each electronic voting machine to be utilized at the voting places?

FACTS AND ANALYSIS

The term "electronic voting machine" includes both precinct ballot coun-ters and electronic ballot counters. Ala. Code § 17-1-2(12) (2006). Precinct ballot counters are electronic paper ballot counters that read and tabulate elec-tronic paper ballots at the precinct where they are cast. Ala. Code § 17-1-2(20) (2006). After a voter marks his or her ballot to vote for the candidates of his or her choice, the ballot is fed into the precinct ballot counter. You ask who is authorized to select the number of electronic voting machines for each voting place.

Section 17-6-4 of the Code answers your question. It states, in pertinent part, as follows:

(a) Except as may be provided further by local election laws or by the electronic vote counting statutes, the county governing bodies . . . shall desig-nate not only the voting place, but also the number of electronic voting machines at each voting place in the precinct , being sure that it designates an electronic voting machine for each group of qualified voters. The county governing body is specifically authorized to provide for installing as many electronic voting machines as are needed in each precinct , and the electronic voting machines may be installed at one designated voting place or there may be more than one voting place designated and such number of electronic voting machines installed at each place as needed to provide for the voters authorized to vote at each place.

Ala. Code § 17-6-4 (2006) (emphasis added). This section clearly authorizes the county governing body to designate the number of electronic voting machines at each voting place. Id. This section of the Code also authorizes the county governing body to provide for as many electronic voting machines as are needed in each precinct. Id.

Your second question is addressed in section 17-6-3 of the Code, which sets out the maximum number of votes that can be recorded by an electronic voting machine, stating as follows:

(b) Except as may be provided further by local election laws, the county governing body, at its first regular meeting in March in each even-numbered year, shall in their respective counties examine the state voter registration list . . . so that no group in a pre-cinct where electronic voting machines are used shall cause a single electronic voting machine to record more than 2,400 votes.

(c) If the manufacturers' recommended maxi-mum number of ballots is less than 2,400, then that recommended number shall be used to determine the number of electronic voting machines.

Ala. Code § 17-6-3 (2006) (emphasis added).

Although these statutes are subject to modification by local election laws or by the electronic vote-counting laws, section 17-6-3 limits the number of vot-ers allowed for each electronic voting machine to 2400, unless the manufac-turer's recommended maximum number of ballots is less than 2400, in which case that lower recommended number must be the maximum.

CONCLUSION

The county commission is authorized to determine the number of elec-tronic voting machines for each voting place, so long as the number of voters allowed for each electronic voting machine is 2400 or the maximum number recommended by the manufacturer if that number is less than 2400.

I hope this opinion answers your questions. If this Office can be of fur-ther assistance, please contact Noel S. Barnes of my staff.

Sincerely,

TROY KING

Attorney General

By:

BRENDA F. SMITH

Chief, Opinions Division

TK/NB

357169/96228