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Section 17-4-122

Examination and oath of applicants to register; applications not public records; political parties may obtain voter registration information.

The board of registrars shall have power to examine, under oath or affirmation, all applicants for registration, and to take testimony touching the qualifications of such applicants, but no applicant shall be required to answer any question, written or oral, not related to his qualifications to register. In order to aid the registrars to judicially determine if applicants to register have the qualifications to register to vote, each applicant shall be furnished by the board a written application, which shall be uniform in all cases with no discrimination as between applicants, the form and contents of which application shall be prescribed by the Supreme Court of Alabama and be filed by such court with the Secretary of State of the State of Alabama. The application shall be so worded that there will be placed before the registrars information necessary or proper to aid them to pass upon the qualifications of each applicant. The application shall be completed in writing, in the presence of the board or of a deputy registrar. There shall be incorporated in such application an oath to support and defend the Constitution of the United States and the Constitution of the State of Alabama and a statement in such oath by the applicant disavowing belief in or affiliation with any group or party which advocates the overthrow of the government of the United States or the State of Alabama by unlawful means. The application and oath shall be duly signed and sworn to by the applicant before a member or deputy of the board. If the applicant is unable to read or write, then he shall be exempt from the above stated requirements which he is unable to meet and in such cases a member or deputy of the board shall read to the applicant the application and oath herein provided for and the applicant's answers thereto shall be written down by such board member or deputy, and the applicant shall be registered as a voter if he meets all other requirements herein set out. Each member or deputy of the board is authorized to administer the oaths to be taken by applicants and witnesses. The applications of persons applying for registration shall not become public records as public records are defined under the laws of the State of Alabama, nor shall the board or its deputies disclose the information contained in such applications and written answers, except with the written consent of the person who filed the answer or pursuant to the order of a court of competent jurisdiction in a proper proceeding. Provided, however, that political parties as defined in Section 17-16-2, shall be authorized to obtain all voter registration information in the possession of boards of registrars or probate judges concerning registered voters in their jurisdictions. The boards of registrars or probate judges may collect the actual cost, if any, of providing said information. Provided, however, that nothing herein shall prohibit acts pertaining to individual counties which further provide for the availability of such voter information.

(Code 1907, §311; Acts 1920, No. 78, p. 124; Code 1923, §380; Code 1940, T. 17, §31; Acts 1953, No. 754, p. 1016, §1; Acts 1959, 1st Ex. Sess., No. 54, p. 98; Acts 1961, Ex. Sess., No. 320, p. 2380, §§9, 10; Acts 1965, 1st Ex. Sess., No. 288, p. 396, §1; Code 1975, §17-4-7; Acts 1978, No. 584, p. 667, §17; Acts 1985, 2nd Ex. Sess., No. 85-929, p. 228.)



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