North Carolina Advisory Opinions January 01, 1984: NC Att. Gen Opinion - Elections: Registration; Jurisdictional Authority of Officials

Subject:

Elections: Registration; Jurisdictional Authority of Officials

Requested By:

George A. Goodwyn, Chairman Edgecombe County Board of Elections

Question:

Are election registration officials authorized to register voters when they are geographically outside the boundaries of the counties in which they are appointed to serve?

Conclusion:

No.

Your question has, for the first time, put squarely before us the issue of whether, when a county registration official is outside the geographical boundaries of his or her county, that official may register an otherwise eligible voter who resides in the county where the official is appointed to serve but is also outside the geographical boundaries of that county at the time the application to register is made. You acknowledge, by way of your inquiry, and we agree, that no provision contained in Chapter 163 of the General Statutes (Elections and Election Laws) states that the activity in question is prohibited under the laws of that Chapter. Previous inquiries presented to this office have been accompanied by the request that we restrict our informal responses to such inquiries presented to this office have been accompanied by the request that we restrict our informal responses to such inquiries to the confines of Chapter 163. Your inquiry is broader, and has led us to conclude that a registration official's authority does not extend beyond that official's county of appointment.

The conclusion is based on an examination of applicable common law. The general rule is as follows:

"Ordinarily an officer who holds an office for a particular political subdivision is powerless to perform an official act beyond the territorial limits of the political subdivision. When the law confers on a person powers that he, as a natural person, does not possess, that power cannot accompany his person beyond the bounds of the sovereignty which has conferred the power, and, although the legislature may require certain official acts to be done beyond the [jurisdiction's] limits, such acts are done by its express permission and the power cannot be implied." 67 C.J.S. Officers § 190.

Further, the Supreme Court of this State has, on numerous occasions, adhered to the general proposition set forth above. See State v. Scott , 182 N.C. 865, 109 SE 789 (1921); Dixon v. Robbins , 114 N.C. 102, 19 SE 239 (1894); Ferebee v. Hinton , 102 N.C. 99, 8 SE 922 (1889).

This office has consistently held that county election registration officials are "officials," and we find no basis whatsoever for concluding that their official activities are any less "delimited" than

are the counties in which they are appointed to serve .

This opinion reiterates a long-lasting policy of the State Board of Elections, and in no way constitutes an alteration of any policy, practice, or procedure employed by that agency. This Office is currently aware of no registrations which have been taken in a manner contrary to this Opinion, but to the extent that any registration applications may have been taken outside the proper jurisdiction, and to the extent that such information can be determined by whatever means, we advise and urge that the appropriate boards of election attempt forthwith to notify improperly registered individuals and afford them every reasonable opportunity to register in the manner provided by law. The validity of registration taken under other circumstances is somewhat questionable.

This Opinion is in no way directed to actions of special registration commissioners who are drivers license examiners of the Division of Motor Vehicles. (N.C. Gen.Stat. § 163-81.)

Rufus L. Edmisten Attorney General

James Wallace, Jr. Deputy Attorney General for Legal Affairs