Correspondence from Baxley to Ezell

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APRTL, MAY, JUNE, lg7?_YoL.l47

April 4, lg?2

Honorable E. Mark Ezell
Judge of Probate

Choctaw County
Court House

Butler, Alabama 36g04

Voters - Assistance to Illiterate Voters.

Illiterate voters can have the assistance of any person
they choose in casting their ballots and a single indivi-
dual can legally assist more than one illiterate voter
during the same election if ehosen by more than one
such voter.

Opinion by Assistant Attorney General yung.

Dear Judge Ezell:

Reference is made to your letter ol March 31, lg?2, wherein you
reguest an opinion of this oflice rvhich is as follows:

"rn the past, several questions have arisen concerning assistance
to illiterate voters during elections. Mr. Herbert Nation, a per-
son whom I conslder an expert on election laws, says that a
person, poll official or otherwise, may assist more than one
illiterate voter durlng an election so long as said person ts vor-
untarily chosen. Another source indicates that a person can
only assist one llliterate voter during an election. personally,
it does not matter to me which method is used, however, we
do want to eliminate any confusion antl conduct uniform, fair
and honest elections.

"Accordingly, we rvould certainly appreciate your official
opinion on the following questions: Whether or not a voter
in Alabama, who is illiterate or cannot read or write or for some
reason does not understand the ballot, can have assistance inside
the voting booth from any person that the voter may voluntarily
choosg even though such person chosen by the voter may have:
previously assisted other such voters during the same election,
i.e., if a person assists one such voter, is he barecl from helping
other such voters? Does the person rendering such service
have to be a poll official?"

The answer to your first question is in the affirmative ancl the
answer to your second question is in the negative.

The pertinent code provision of general elections is Title l?, section
176, code of Alabama 1940, Recompiled 1958, rvhich provides that illit-
erate voters may have the assistance of ,,any person he may select', in
casting his ballot.

The pertinent Code provision for primary elections is Title l?,
Section 359, and although lhis section provides that illiterate



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Sincerely'

WILI,TAII J. BAXI'EY

Attorney Generar

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APril 18' 19?2

Honotable Bernartl A' Reynolds
"-"Juaee of Probate'""5i,e"",ff;"11"::HjTrHl 

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Filing Tax - J'udees of Probate' - Taxation -

Comrirercial Code'

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Opinion by Assistant Attorneys General' Davts

Dear Judge Reynolds: ro 1o?1^ and subsequent

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