North Carolina Advisory Opinions January 01, 1985: NC Att. Gen Opinion - Elections; special registration commissioners; appointment

Subject:

Elections; special registration commissioners; appointment

Requested By:

Alex K. Brock, Executive Secretary-Director State Board of Elections

Question:

What number of special registration commissioners must be appointed by county boards of elections in order to comply with the provisions of Chapter 387, Session Laws of 1985 (SB 471)

Conclusion:

Each county is required to appoint at least one (1) special registration commissioner per 2,500 residents from each political party (Democrat and Republican). However, no county is required to appoint more than 100 special registration commissioners from each political party, and each county must appoint at least five (5) from each party.

In pertinent part, Chapter 387 provides the following:

"In each county, the county chairman of each of the two political parties having the greatest voter registration in the State may each , from time to time, until the maximum number of special registration commissioners allowed by this sentence are appointed, recommend voters who are eligible and who are residents of the county for appointment as special registration commissioners in a number not to exceed:

(1)

One per 2,500 (or major fraction) residents of the county according to the most recent decennial federal census or

(2)

Five

which ever is greater, but in no case greater than 100." [Emphasis added.]

You inquire as to whether the total maximum number of special registration commissioners required to be appointed in each county is 100 (or one per 2,500 residents) or whether twice that number is provided for by the statute. The statute clearly provides that each appropriate county party chairman may, over a period of time, until the maximum number authorized is met, recommend the number of persons set out, and that the appointment of those persons is required. Where county populations are sufficiently low, each party chairman may recommend a total of five persons each .

Since Chapter 387 has caused considerable confusion, we provide the following examples:

a) County X has a population of 25,000 people. Therefore, the County Democratic Party Chairman may recommend up to 10 names, and the County Republican Party Chairman may recommend up to 10 names. The total number of commissioners required to be appointed is 20, provided that number is recommended.

b) County Y has a population of 13,000 people. Therefore, the County Democratic Party Chairman may recommend up to 5 names, and the County Republican Party Chairman may recommend up to 5 names. The total number of commissioners required to be appointed is 10, provided that number is recommended.

c) County Z has a population of 300,000. Therefore, the County Democratic Party Chairman may recommend up to 100 names, and the County Republican Party Chairman may recommend up to 100 names. The total number of commissioners required to be appointed is 200, provided that number is recommended.

Of course, county boards of elections may, if they choose, appoint special registration commissioners in numbers exceeding the statute's requirements.

LACY H. THORNBURG Attorney General

Jim Wallace Assistant Attorney General