Alabama Advisory Opinions September 24, 1984: AGO 84-00467 (September 24, 1984)

Advisory Opinion Text

Ms. Carolyn Preston, Chairman

Winston County Board of Registrars

P.O. Box 27

Double Springs, AL 35553

Board of Registrars - Registration - Voter Reidentification

Discussion of Winston County reidentification procedure under local Act 81-300 and Act 84-389.

Dear Ms. Preston:

Our office received an opinion request from you concerning the following matter:

(1) Can a voter reidentify during, the ten day cutoff period or on election day and be eligible to vote in that election?

(2) Will Act 389 require Winston County to have another reidentification program even though Act 81-300 relates to Winston County and provides for reidentification of voters?

In further conversation with your office I found that you were specifically interested in whether or not an elector could "reidentify during the ten day cutoff period or on election day and be eligible to vote in that election" under the provisions of local Act 81-300—the act which your county has been using for reidentification purposes.

Act 81-300, Section 7 specifically provides that "every qualified elector must have reidentified himself at least ten days prior to the election at which he offers to vote." Pursuant to this mandate, it is the opinion of the Attorney General that an elector may not reidentify during the ten day cutoff period or on election day.

Your second question is whether or not Act 84-389 will take precedence over local Act 81-300. Act 84-389 has not yet been approved by the United States Department of Justice pursuant to the Voting Rights Act. In the event that it is approved, it will take precedence over your local act due to the fact that Act 84-389 carries with it a repealer clause. If the United States Department of Justice does approve Act 84-389, Winston County will have to reidentify the electors under the procedure set out in that act.

In reference to your first question it must be noted that Act 84-3 89 specifically provides that "any qualified elector can be reidentified on election day."

I do hope this response sufficiently answers your inquiry. If, however, we may be of further assistance, please do not hesitate to contact us.

Sincerely,

CHARLES A. GRADDICK, Attorney General.

SUSAN McKINNEY, Assistant Attorney General.