Elections
Opinion
# 99-243
Discussion of proper use of private property as a polling place.
Opinion
# 99-256
Discussion providing that poll watchers are not authorized in
a referendum election in which neither candidates nor political parties are involved.
Opinion
#2000-103
The county commission is required to pay, out of the county
treasury, the costs of conducting elections to extend school taxes held pursuant
to Section 16-13-180, et seq. Opinion
#2000-109
Discussion of residency requirements of a candidate. Opinion
#2000-144
Even if no person qualifies for the office, the office of constable
should be placed on the November 2000 general election ballot because write-in
votes are allowed at the general election. Opinion
#2000-146
Political parties have the authority to hear pre-primary challenges
to the legal qualifications of their candidates and must ensure that only qualified
candidates are certified to appear on the ballot. · A candidate does not establish
a legal residence merely by stating an intention to reside in a particular district.
· A candidate must have a physical presence in the district, as well as the intention
to reside in the district. Opinion
#2000-166
If the absentee election manager verifies that an applicant
for an absentee ballot in a primary run-off is a duly registered voter entitled
to vote by absentee ballot based upon the information provided in the application,
an absentee ballot for the run-off election must be mailed to that applicant.
Opinion
#2000-180
Discussion of whether absentee ballots that were not witnessed
or notarized can be opened and/or counted by the Absentee Election Manager and/or
other election officials. Opinion
#2000-188
Any voter who wishes to receive an absentee ballot for the special
run-off election in Franklin County must submit a new application for absentee
ballot for that election. Opinion
#2000-193
Discussion of the correct procedure for processing an absentee
ballot application in a municipal election when the address listed on the application
is different from the address for that applicant on the voter list. Opinion
#2000-208
Discussion of certifying certain judicial candidates for the
2000 general election ballot. Opinion
#2000-212
A municipal candidate who fails to pay his qualifying fee before
the qualifying deadline passed has not properly qualified, and his name should
not appear on the ballot. Opinion
# 2000-231
Pursuant to Section 17-10-5, a person's name should be stricken
from the list of qualified voters when that person makes an application for absentee
ballot in a municipal election. Opinion
#2000-233
The term "regular election" includes a primary, a primary run-off,
and a general election. Opinion
#2001-002
The Secretary of State may accept a certified electronic copy
or a computer copy of the poll list that must be provided by probate judge pursuant
to section 17-4-130 of the Code of Alabama. Opinion
# 2001-232
Discussion of how to treat votes cast for a candidate who
is disqualified for failure to comply with certain requirements. Opinion
# 2001-249
Discussion of ballot access by a political party under Alabama
law. Opinion
#2002-172
Discussion of several issues related to the appointment and
responsibilities of poll workers. Opinion
# 2002-242
Discussion of the rights and restrictions on public access
to a central vote-counting location. Opinion
# 2002-244
Discussion of several aspects of the county commission's responsibility
to establish election precincts. Opinion
# 2002-272
Discussion providing that an absentee election manager is
entitled to the same per-day compensation that election day officials receive
pursuant to section 17-6-13 of the Code of Alabama, and that if the election inspector
is paid more than the statutory minimum pursuant to local law, section 17-6-13
provides that the absentee election manager is entitled to the same compensation
paid to the inspector. Opinion
# 2002-298
Discussion of the procedures for calling, conducting, and
paying for a new primary election at the request of one party. Opinion
# 2002-319
Discussion of procedures for obtaining and counting write-in
ballots. Opinion
# 2003-057
Discussion providing that an absentee election manager may
appoint staff members and/or unpaid volunteers to assist with the duties of the
absentee election manager, but the county commission must authorize the hiring
and compensation of any additional staff members needed to provide assistance
to the absentee election manager. Opinion
# 2003-170
Discussion providing that a special election to be held pursuant
to a local act must be held in accordance with sections 17-18-1 through 17-18-7
of the Code of Alabama and cannot be held until after the effective date of the
act. Opinion
# 2003-184
Discussion providing that the Governor has no authority to
issue a writ of election until the effective date of an act calling for a referendum.
Opinion
# 2004-041
Discussion providing that a voter must cast his or her vote
in the precinct where he or she resides. Opinion
# 2004-055
Discussion providing that Section 17-5A-5 of the Code of Alabama
prohibits the county commission from changing the designated voting places within
three months before an election, but that the board of registrars may during the
three months before an election, make the necessary administrative changes in
the board's office and notify the voters of the changes adopted by the county
commission and precleared by the Justice Department. Opinion
# 2004-058
Discussion providing that the cost of the use of private cellular
telephones by election officials is not included within the definition of "expenses"
reimbursable by the State, but that the county may pay these costs from county
funds if the county finds that these are reasonable costs of conducting the election. Opinion
# 2004-107
Discussion regarding the number of signatures needed to qualify
an independent candidate for the office of county commission when the commission
districts are split among precinct lines or when commission district lines have
significantly changed since the last election. Opinion
# 2004-125
Discussion providing that the voter registration card may be
used by the voter as voter identification under section 17-11A-1.
Opinion # 2004-135
Discussion providing that the probate judge, the circuit clerk, and sheriff may perform all the election duties set forth in the Code unless the official is a candidate in the election.
Opinion # 2004-168
Discussion providing that in an election for a constitutional amendment that applies only to one political subdivision within a county, the total votes cast in the county should include the votes cast in the political subdivision located within the county.
Opinion # 2004-198
Discussion providing that unopposed candidates for nomination to local offices become the party’s nominee and are entitled to have their names placed on the general election ballot if the party chair certifies the nomination before the statutory deadline.
Opinion # 2004-206
Discussion regarding primary candidate reporting requirements and the consequences of failing to timely file.
Opinion # 2005-025
Discussion providing that the absentee election manager is to be paid for the 45-day period before an election and for the day of the election, making a total of 46 days.
Opinion # 2005-032
Discussion providing that the Secretary of State is required to consult with and obtain advice from the Voter Registration Advisory Board when making decisions concerning the computerized statewide voter registration system.
Opinion # 2005-062
Discussion providing that a principal campaign committee, upon dissolution, may give the funds to a church of which the committee’s candidate/chairman is a member if the church is a charitable organization as defined in section 17-22A-7 of the Code of Alabama.
Opinion # 2005-067
Discussion regarding several aspects of the county’s purchase of voting equipment under the federal HAVA and the Alabama statute passed in 2003 to bring the state into compliance with federal requirements.
Opinion # 2005-124
Discussion regarding what information related to voter registration is considered public record and under what circumstances such information can be released.
Opinion # 2009-001
Section 11-3-1.1(a) of the Code of Alabama does not permit the county commission to redraw the county commission district boundaries more than one time after each federal decennial census.
Opinion # 2009-002
The Board of Registrars may ask applicants for further proof of citizenship even if a completed voter registration form is submitted by the applicant and may refuse registration if an applicant fails to provide the additional proof requested.
Opinion # 2009-002
A voter identification card issued by the Board of Registrars that includes the name and address of the voter on the card is a government document that may be used by the voter as voter identification so long as it contains both the name and address of the voter.
Opinion # 2009-010
When the seventh day following an election is a holiday, the tasks of the registrars and canvassing board required to be performed on the seventh day following the election should be performed on the following day and in the same manner as if the duties were being performed on the seventh day.
Opinion # 2009-014
The election canvassing board must meet beginning at noon on the second Friday following an election to canvass the results of an election, and beginning at any other time would constitute a violation of the law punishable as a Class C misdemeanor.
Opinion # 2009-056
Alabama Code § 17-11-2 provides that a county employee who has been lawfully designated to serve as the absentee election manager in the place of the circuit clerk is entitled to the compensation or per diem authorized by law for the absentee election manager.
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