Montana Attorney General Opinion 17-78

Opinon No. 78. Counties-Elections-Registration Re- cords, Destruction of. R ELD : Under provisions of Chap- ter 172, Laws 1937, county clerks must destroy only "card indexes," "registry cards," and "affidavits," and must retain as permanent records registers of last general election containing signatures of electors, such as "pre- cinct registers," etc. Mr. Sam W. Mitchell Secretary of State State Capitol Helena. Montana Dear }'1 r. ;\if itchell: April 3, 1937. You request advice from this office upon the interpretation of Section 1 of Chapter 172, 1937 Sessions Laws, 84 OPINIONS OF THE ATTORNEY GENERAL relating to the destruction of certain registers. You have inclosed a letter from Mr. Donald Gibson, Deputy Registrar of Great Falls, in which he inquires as to whether or not this law requires the destruction of precinct registers. Section 1 of the Act requires the county clerk or the registrar, within a specified time, to cancel all registra- tions of the electors in the county, and burn all "card indexes," "registry cards" and "affidavits" which were executed and signed by the elector for the purpose of registration; also, all copies of the registration books used at any election theretofore held. The section specifically and expressly requires the particular officer to pre- serve the "register" theretofore used as a permanent file in the office of the county clerk. The "register" referred to ordinarily means the "great register"; but by custom many of the counties are using the precinct registers in the same manner as the "great registers," and when so used and compiled, may in fact constitute the "register." Furthermore Section 1 requires the burning of certain records. Precinct registers, whether treated as the "regis- ter" or not are not specified; neither do these 'precinct registers consti- tute "copies" of the registration books. Therefore, it is the opinion of this office that precinct registers for the last general election should be pre- served, and that the clerk and record- er should not burn or destroy the same.