Alabama Attorney General Opinion 1979-0211

OFFICE OF THE ATTORNEY GENERAL q._ DO c:2, i I . 11 1\ N • Hl Thic CHARLES A. GRADDICK eke il - Ov ATTORNEY GENERAL STATE OF ALABAMA MAY 31 L919 ADMINI VC OVILOING 01 Mann UNION MONTGOMCII Y. ANSA (Soil. 134-11150 LEL N•LE ,Flau TY ATTORNEY GENERAL 11.0._,..t Am M. Eicituns. JR EXECUTIVE ASSISTANT 0AL re/a S TURNER LL f ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Honorable Clarence Nance, Chairman Madison County Board of Registrars Box 392 Huntsville, Alabama 35801 Registrars - Public Records The applications of persons registering to vote and the records of persons stricken from the registration list should be preserved as public records in accordance with Code of Alabama 1975, 5f41-13-1 through 41-13-44. These records may be destroyed after they are properly recorded on micro- film if the County Records Commission determines that they may be destroyed. Dear Mr. Nance: I am responding to your request for an opinion from this office of April 11, 1979, in which you ask the following questions: "Our first question is: What are the requirements under Alabama Law for retention as public records, or state or county records, of (1) the applications of persons applying for registration to vote and (2) nersons stricken from the list of qualified voters including reason for striking? v.r. Nance ye Two "aur second iiacstion Is: Pi.es microtilming of these records dna suitable egullacat t2 plc.,' such microfilmed records satisfy the requirements of the law, and may the original records be destroyed alter oronerlv recording :hose records on microfilm? In answer to your tirst question, it is me oninion that both the nnnl.ications 0( aersons apolyinn, to vote and the records of persons stricken from the ronistrat.top List are public records with resnect to their retention, and sould he retained as all other public records in accordance with Code of Alabama 1475, §441-13-1 through 41-11-44. . . En reaching this conclusion, I have not overlooked the portion of Section 17 of Act No. 584, Regular Session 1978, which You cite in your letter, which reads as follows: "The applications of persons applying for registration shall not become public records as public records are defined under the laws of the State of Alabama, nor shall the bcard or its deputies disclose the information contained in such applica- tions and written answers, except with the written consent of the• ;arson who filed the answer or nursuant to the order of a cuuri of competent jurisdiction in a proper proceeding. A!thonsh the annlications are not public records under this section for Purposes public inspactlan, 1 bellow? that the existence of the excentions noted In th, section manAate that th,2 scm!icttions be nreserved so that they will be avail- atilt in the event that they become public records pursuant to a court order or Cc, consent of the appireant. Tm records of aersons stricken from the registration list are public records as ie'ined in -;eetitm 41-11-1 in that they arc documents !Mich are made in Pursuance of kw by nublic. officers. See Sections 23 rind 29 of Azt No. 584. In answerine your second question, several Code sections must be considered. section 41-13-23 provides that the county records commission has the resnansi- bH1ty of determining which county records may be destroyed after they have been microfilmed and which records shall be permanently 'reserved. This section fur- [Her provides that no county official shall cause any county record to be des- tr)yed or otherwise disposed of without first obtaining the approval of the county records commission. Section 41-13-44 orovides that no state or county fficial shall destroy any public record that has been microfilmed until the microfilm copy has been processed and checked with the original for accuracy. Mr. Nance chtee ...retort.. it is my o2inion rant the criOnal. rutorthi may he destroyed liter bavini, been nronerly recorded on microfilm only if the County Records rpmmission determines that they may he destroyed. The County Records Commission is created iiiider Code of Alabama 1075, §41-13-22. nic section nrovidos that the director or the Alablmn Department of Archives and ilistory shall be the Chairman of the Commission. I suggest that you con- tact the director of Archives and History to renuest permission from the Co=tssion to destroy the records. ho:le th.it i have answered your question. Sincerely, CHARLES A. i.R.ADDICK Ali`RNEY 1:ENERAL by - C7. \ 725,) :44.1‘449, LINDA C. BRELAND ASSTSTANT ATT.WSEY fiENEFAL LCB:sb