Alabama Advisory Opinions September 09, 2011: AGO 2011-98 (September 9, 2011)

AGO 2011-98.

Dear Secretary Chapman:

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

Under state law, who is entitled to have immediate real-time electronic computer access to the information contained in the statewide voter registration list?

In your request, yoi; state that you believe state law limits the number of state and local officials who are entitled to have immediate real-time electronic computer access to the information contained in the statewide voter list. You further explain that by using the term "immediate real-time electronic computer access" to the voter list, you wish to distinguish this group from others that are entitled to receive a copy of the list upon request.

For example, you note that section 17-4-38 of the Code of Alabama provides that upon payment of a reasonable charge, as determined by the Secretary of State, "[a]ccess to the [voter registration] lists and voter history information contained on the central computer in the Office of the Secretary of State is accessible to anyone making application, except Social Security numbers which are not to be released." Ala. Code § 17-4-3 8 (Supp. 2010).

You further note that this statute provides that "[u]pon application and without charge, legislators shall be furnished up to two free printed copies of the voter lists for their districts during a legislative quadrennium." Id. Section 17-4-3 8 also provides that "[u]pon application and without charge, the Administrative Office of Courts shall be provided with an electronic copy of the statewide voter list no more than once a year for its use in the production of a master jury list or for any other lawful purpose." Id. Furthermore, section 17-4-33 of the Code prescribes the times and circumstances under which political parties that have satisfied ballot-access requirements are entitled to receive free electronic copies of the computerized voter registration list. ALA. Code § 17-4-33 (Supp. 2010).

Several statutes address your specific question. Section 17-4-2 of the Code provides that, after voter registration has closed, "the judge of probate shall prepare and print a report from the state voter registration list of the correct alphabetical lists of the qualified electors ... ." Ala. Code § 17-4-2 (2006). The statute further provides that probate judges may utilize electronic access to the state voter registration list in lieu of a printed list.

Moreover, section 17-4-32 of the Code also allows a judge of probate to have immediate real-time computer access to the list of registered voters in his or her county. In an opinion issued to Honorable Billy R. Weathington, Jr., Attorney, St. Clair County, dated March 13, 1997, A.G. No. 97-00135, this Office stated that on-line computer access is available to the probate judge. This Office further stated, however, that "immediate on-line computer availability to the list, as used in this section, means the probate judge has access to view the list but does not have carte blanche to alter the list (make changes, additions, or deletions), which only the Board [of Registrars] is responsible for doing." Weathington at 3-4.

Finally, section 17-4-3 3(6) of the Code provides that "[a]ny election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized [voter registration] list." ALA. code § 17-4-33(6) (Supp. 2010).

It is the opinion of this Office that immediate real-time electronic computer access to the computerized statewide voter registration list is limited to state and local election officials.

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

Sincerely,

LUTHER STRANGE

Attorney General

By;

BRENDA F. SMITH

Chief, Opinions Division

LS/JWB/BFS

1201396/154140