HB205 By Representative Fincher RFD Constitution, Campaigns and Elections Rd 1 11-FEB-16

SYNOPSIS: Under existing law, a registrar of voters may not hold an elective office during his or her term but may run as a candidate for an elective office.

This bill would prohibit a registrar from running for an elective public office while serving as a registrar.

This bill would automatically terminate a registrar on the day the registrar files his or her declaration of candidacy for public office.

A BILL TO BE ENTITLED AN ACT

Relating to registrars of voters; to amend Sections 17-3-2 and 17-3-3, Code of Alabama 1975, to prohibit a registrar from running for an elective public office while serving as a registrar, and to automatically terminate a registrar on the day the registrar files his or her declaration of candidacy for public office.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 17-3-2 and 17-3-3, Code of Alabama 1975, are amended to read as follows:

§17-3-2.

"(a) Registration shall be conducted in each county by a board of three reputable and suitable persons to be appointed, unless otherwise provided by law, by the Governor, Auditor, and Commissioner of Agriculture and Industries, or by a majority of them acting as a state board of appointment. The registrars shall be qualified electors, residents of the county, shall have a high school diploma or equivalent, and possess the minimum computer and map reading skills necessary to function in the office. The Secretary of State shall prescribe guidelines to assist the state board of appointment in determining the qualifications of registrars. The registrars A registrar shall not be a candidate for nomination or election to any public office nor hold an elective public office during their his or her term. One of the members shall be designated by the state board of appointment as chair of the board of registrars for each county.

"(b) Notwithstanding the provisions of subsection (a), the Legislature may provide by local law for the appointment of additional members to the board of registrars for a county that has two courthouses.

"(c) The provisions of this section shall not apply in any county having a population of not less than 600,000 inhabitants according to the 1970 or any succeeding federal decennial census, and any currently effective local law or general law of local application providing for the appointment of any member of the board of registrars in the county shall remain in full force and effect and shall not be repealed by operation of this chapter.

§17-3-3.

"(a) The registrars appointed under this article may be removed for cause by the Secretary of State at any time before the end of their term of office, upon submitting written reasons therefor to the registrar removed and to the members of the state board of appointment. If not so removed, the registrar may hold office for four years from the date of appointment and until a successor is appointed.

"(b) If a registrar intends to run for an elective public office, the registrar shall resign by written notice submitted to the state board of appointment no later than the day when the registrar files his or her declaration of candidacy for public office. Regardless of whether a registrar has so notified the board of appointment, a registrar's term shall automatically terminate on the date he or she files the declaration."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Board of Registrars

Voters and Voting

Voter Registration

Elections

Code Amended