Alabama Attorney General Opinion 1979-0012

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 36130 CHARLES A. GRADDICK ATTORNEY GENERAL January 25, 1979 File # 11 Mrs. Virginia Sansing Bibb County Board of Registrars Bibb County Courthouse Centreville, Alabama 35042 79-00012 Boards of Registrars-Registration The Bibb County Board of Registrars may register people outside of their office as long as the individual's application is duly considered and is approved by a majority of the Board. Dear Mrs. Sansing: This office is in receipt of your letter of August 9, 1978, wherein you requested an opinion regarding the following question: The Bibb County Board of Registrars would like to know that since Deputy Registrars can register people in their homes or wherever they may approach those wishing to register but cannot come into the Board while in session, would it be permissible for the Board of Registrars to register people outside of the office. The answer to your question is in the affirmative. Before specifically answering your question, I might attempt to clear up what is apparently some confusion on your part. It is certainly true that Deputy Registrars can go to people's homes or any other place for the purpose of individuals completing their registration applications and being administered an oath concerning same. However, the actual decision to approve the application should be made by the Board of Registrars itself. This is clearly seen in Section 13 of the recently enacted House Bill 426 which provides that, Mrs. Virginia Sansing January 25, 1979 Page Two The Board shall provide Deputy Registrars with all necessary registration forms and when such forms are completed the Deputy Registrars shall return them to the office of the Board of Registrars before the close of business in the next business day. Additionally, Section 17 of the above-referenced Act gives Deputies the power to have registration applications completed in their presence and to administer the oath concerning those applications. However, it does not give them the authority to pass on the actual registration of the applicant. Regarding your question of whether it would be permissible for the Bibb County Board of Registrars to register people outside of the office, I can find nothing in House Bill 426 or in the laws of the State of Alabama dealing with elections, that would prohibit the Bibb County Board of Registrars from registering people outside of the office. As long as the applications are duly considered, approved by a majority of the Board and the registration process is in all respects the same as if the person came to the Courthouse, there seems to be nothing that would prevent the registration of persons outside of the office of the Board of Registrars. I trust this satisfactorily answers your question. If not, please do not hesitate to let me know. Sincerely, CHARLES A. GRADDICK Attorney General By- William T. Stephens WILLIAM T. STEPHENS Assistant Attorney General WTS:bb