Judges: WINSTON BRYANT, Attorney General
Filed Date: 10/12/1993
Status: Precedential
Modified Date: 7/5/2016
The Honorable W.J. "Bill" McCuen Secretary of State State Capitol Little Rock, Arkansas 72201-1094
Dear Mr. McCuen:
This is in response to your request for an opinion concerning the appropriate procedures for maintaining voter registration affidavits and for verifying voters' signatures at elections. Specifically, you reference Section 7 of Amendment
Additionally, you reference Act 487 of 1993, which amended A.C.A. §§
1. Would maintaining the original copies of the affidavits of registration in a locked file cabinet or cabinets satisfy the requirement of Section 7(a)(1) of Amendment
51 to the Arkansas Constitution that these documents be "securely fastened"?2. Is there a particular legal definition of the term "binder," as used in Act 487 of 1993 and Section 7 of Amendment
51 to the Arkansas Constitution?3. May the duplicate copies of the affidavits of registration be stored in non-binder containers, such as filing cabinets or cardboard boxes, and transported to the various precinct locations for use on election day in those same containers or must they be placed in binders?
4. May the triplicate copies of the affidavits of registration be stored in non-binder containers, such as filing cabinets or cardboard boxes, and transported to the various precinct locations for use on election day in those same containers or must they be placed in binders?
5. Does the term "fastened and locked" in Section 7(d) of Amendment
51 to the Arkansas Constitution imply the lock will be an integral part of the binder or could it be a separate mechanism?6. Act 487 of 1993 provides that voter registration lists may be used in lieu of binders at voting precincts. Amendment
51 of the Arkansas Constitution, at Section 13, states that the voter shall not receive a ballot unless the signature of the person on the affidavit of registration and his signature in the appropriate space on the record of voting form thereon are deemed by the judges to be identical. Can voter registration lists, with the image of the voters signature, be used at the polls in lieu of binders at the voting precincts?7. Can election precincts with no access to signature imaging from the original voter registration affidavit nevertheless use lists in lieu of binders?
In my opinion, the answer to your first question is "yes." Keeping the original copies of the affidavits of voter registration in a locked file cabinet or cabinets would, in my opinion, satisfy the requirement of Section 7(a)(1) of Amendment 51 that these records be "securely fastened." The term "fasten" has been defined to mean "to make fast or secure, as by locking, shutting, buttoning, etc." Webster's New World Dictionary 508 (2d ed. 1974). Additionally, unlike Sections 7(a)(2) and 7(a)(3), Section 7(a)(1) of Amendment 51 does not mention, and presumably therefore does not require, that the original copies be stored in binders. Thus, the use of file cabinets to store original copies of the voter registration affidavits would be acceptable, and a lock on such cabinets would, in my opinion, satisfy the requirement that they be "securely fastened."
In response to your second question, it is my opinion that the term "binder," as used in Amendment 51 and Act 487 of 1993, refers to a type of notebook which allows sheets of paper to be inserted and removed. In construing Act 487 of 1993 or any other statute, it is the court's duty to "construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language." Bob Cole Bail Bonds, Inc. v. Howard,
With regard to your third question, Section 7(a)(2) of Amendment
In response to your fourth question, it is my opinion that the answer is the same as I have outlined above in response to your third question. Section 7(a)(3) of Amendment
In response to your fifth question, it is my opinion that the term "fastened and locked," as appears in Section 7(d) of Amendment
Your sixth question refers to Act 487 of 1993 and Section 13 of Amendment
No registered voters shall receive a ballot for any election unless the signature of the person on the Affidavit of Registration . . . and his signature in the appropriate space on the Record of Voting Form or supplement thereto are deemed by the judges to be identical.
Your question asks whether, in light of this section of Amendment 51 and Act 487, voter registration lists, with the image of the voter's signature, can be used at voting precincts in lieu of binders. Since Sections 2(b)(2) (3) and Sections 3(b)(2) (3) of Act 487 of 1993 specifically provide that such use is permissible, I assume that you are asking whether Act 487 is constitutional in light of Section 13(b) of Amendment 51. It has been held that acts of the legislature are presumed to be constitutional and will be struck down only where there is a clear incompatibility between an act and the Arkansas Constitution. Clinton v. Clinton,
In response to your seventh question, it is my opinion that the answer is "no." Section 1 of Act 487 of 1993 sets forth those items which voter registration lists must contain if such lists are used by election officials instead of binders. One such item is a printed image of the signature of each registered voter within the precinct. Therefore, if an election precinct has no access to signature imaging from the original voter registration affidavit, it is my opinion that such a precinct cannot use voter registration lists as provided for in Act 487 of 1993.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Nancy A. Hall.
Sincerely,
WINSTON BRYANT Attorney General
WB:cyh