Alabama Attorney General Opinion 1979-0011

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 CHARLES A. GRADDICK ATTORNEY GENERAL January 25, 1979 File # 10 79-00011 Mr. Algie R. Bryan Chairman Sumter County Board of Registrars Livingston, Alabama 35470 Board of Registrars-Voter Registration Periods for voter registration and times for voter registration discussed. Dear Mr. Bryan: This office is in receipt of your letter of September 13, 1978, wherein you asked several questions concerning the applicability of House Bill 426, enacted into law by the Legislature in the 1978 Regular Session, on some previous requirements of Alabama law dealing with registra- tion time periods and the Board of Registrars' responsibility regarding those registration periods. The answer to your questions are as follows. You first asked that since House Bill 426 provides for the Sumter County Board of Registrars to be open 120 days a year, are you still required to visit each beat or pre- cinct in the odd numbered years for the purpose of registering voters. The answer to your question is that you are no longer required to visit the precincts. House Bill 426 specifically repealed that prior provision of law, that being Code of Alabama 1975, §17-4-1, which required Board of Registrars to visit every precinct in the county in the odd numbered years for the purposes of registration. Now, Section 11 of House Bill 426 provides that the Sumter County Board of Registrars may meet a maximum of 120 days each year. Section 11 further provides that as many as 25 of these days may be used for special registration sessions which are defined as those sessions held away from the courthouse in Mr. Algie R. Bryan January 25, 1979 Page Two the several precincts of the county or sessions held on Saturday or between the hours of 5:00 p.m. and 9:00 p.m. If the Board decides to hold any special sessions, Section 11 further provides that notice of said special session must be given at least ten days prior to the session by (1) bills posted at three or more public places in each election precinct affected if the session involves precinct visits, and (2) advertisement once a week for two successive weeks in a newspaper published in the county or by radio or television announcements on a local station, or both. Consequently, as you can see, you may meet at least 25 days a year for the purpose of going to the precincts for registration. Unlike the section of law repealed by House Bill 426, i.e., Code of Alabama 1975, §17-4-1, this is now discretionary with the Board. You next asked whether the Board is allowed to set the 120 days as they desire and give notice of those settings. Again, Section 11 provides that the actual number of session days shall be determined by a quorum of the Board according to the needs of the county. Once a decision is made as to the number of days the Board will be in session, notice of these dates should be given in a manner reasonably calculated to reach and notify as many residents of the county as possible. It is suggested that the Board utilize the second means of notice for special sessions outlined in Section 11, that is advertisements once a week for two successive weeks in a newspaper published in the county or by radio or television announcements on a local station, or both, said notice beginning at least ten days prior to the session. I trust this satisfactorily answers your questions. If not, do not hesitate to let me know. Very truly yours, CHARLES A. GRADDICK Attorney General By- WILLIAM T. STEPHENS Assistant Attorney General WTS:bb