AGO 1996-175.

Case DateApril 08, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-175. 1996-175April 8, 1996Honorable William O. Gammill Probate Judge, Coffee County 230-P North Court Avenue Elba, AL 36323 Political Parties - Ballots - Primary Elections - Political Committees - Candidates Positions for party office created by resolution of State Executive Committee of political party may be listed on presidential primary ballot if such positions are not part of the state or county executive committees.Dear Judge Gammill: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Does the resolution of the State Democratic Executive Committee, passed on March 6, 1996, which purports to create a party committee position to be filled by election in the 1996 primary meet the requirements of _ 17-16-9, Code of Alabama 1975, thereby requiring the probate judge to have the names of candidates printed on the presidential primary ballot? FACTS, LAW AND ANALYSIS The resolution to which you refer reads, in pertinent part, as follows: "Be it therefor directed . . . that the Party establish a position . . . that mirrors the position that now exists for the selection of beat committeeman . . . that the aforementioned structure be established in time to allow Young Democrats to stand for election for these positions in the 1996 Democratic Primary." The applicable statutes are found in Title 17, Chapter 16, Code of Alabama 1975, and, specifically, are __ 17-16-5, 17-16-8, and 17-16-9, which provide as follows: Section 17-16-5: "Primary elections are not compulsory. A political party may, by its state executive committee, elect whether it will come under the primary election law. All political parties are presumed to have accepted and come under the provisions of the primary election law, but any political party may signify its election not to accept and come under the primary election law by filing with the Secretary of State, at least 60 days before the date herein fixed for the holding of any general primary election, a statement of the action of its state executive committee, certified by its chairman and secretary, which statement shall contain a copy of the resolution or motion adopted declining to accept and come under the primary election law. If a political party declines to accept and come under the primary...

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