Buskey v. Mobile County Board of Registrars

501 So. 2d 447, 1986 Ala. LEXIS 4286
CourtSupreme Court of Alabama
DecidedNovember 14, 1986
Docket85-489-CER
StatusPublished
Cited by6 cases

This text of 501 So. 2d 447 (Buskey v. Mobile County Board of Registrars) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buskey v. Mobile County Board of Registrars, 501 So. 2d 447, 1986 Ala. LEXIS 4286 (Ala. 1986).

Opinion

BEATTY, Justice.

The United States District Court for the Southern District of Alabama, under Rule 18, A.R.A.P., has requested this Court to answer certain questions of Alabama law deemed determinative of an action before it. We quote from that court's order:

“This case was brought by plaintiffs to redress alleged constitutional violations by the defendants in their conduct of their official duties as members of the Mobile County Board of Registrars. The defendants are currently engaged in the process of reidentifying voters in Mobile County. See Ala. Code § 17-4-180 to 17-4-191 (Supp.1985). The plaintiffs contend that defendants are not obeying the dictates of 1984 Ala. Acts No. 389, codified at sections 17-4-180 to 17-4-191, supra. Defendants contend that their actions are authorized by 1965 Ala. Acts No. 36 (First Special Session). The plaintiffs reply that Act No. 36 is unconstitutional under section 106 of the Alabama constitution, but that even if it is valid it was repealed by the passage of Act No. 389 in 1984.
“The plaintiffs contend that Act No. 36 is unconstitutional because it is a local [449]*449law that was not enacted in accordance with the notice requirements of section 106. Defendants contend that Act No. 36, which applies ‘to all counties having a population of 300,000 to 500,000,’ Act No. 36, § 1, is a ‘general law of local application’ not covered by section 106. The plaintiffs rely on statements in Peddycoart v. City of Birmingham, 354 So.2d 808 (Ala.1978). In Peddycoart the Alabama Supreme Court interpreted section 110 of the Alabama Constitution which defines ‘local law.’ The Court stated:
“ ‘§ 110 of the Alabama Constitution mandates the definition of a local law. It is one “which applies to any political subdivision or subdivisions of the state less than the whole; ...” (emphasis added). Applies when? Obviously, when it becomes law! If, when it becomes law it applies only to a subdivision of the state, it is a local law. That is the clear meaning of the language employed by our constitutional framers. In the face of this plain language, to conclude that the application of a law to less than the entire state makes no difference when a futuristic population classification is employed is to engage in sophistic reasoning. We reject such reasoning in favor of the clear definition of a local act which is contained in the Constitution. A population classification cannot be utilized in the future to avoid the definition of a local act.’
“354 So.2d at 814 (latter emphasis added). It is not clear from this passage whether every ‘general law of local application’ is affected, or only those enacted in the future. Also, the Alabama Supreme Court was concerned with the interpretation of section 105 of the Alabama Constitution, forbidding the passage of a local law in any case provided for by a general law. It is therefore unclear whether Peddycoart applies to invalidate Act No. 36. As a determination of this state law issue, or the issue of repeal of Act No. 36, is essential before any federal constitutional issues can be properly framed, the Court will certify the questions to the Alabama Supreme Court.
“Pursuant to Ala.R.App.P. 18(c), the Court finds that the questions .of law stated below are determinative of this cause and that there are no clear controlling precedents in the decisions of the Supreme Court of Alabama. It is therefore the Order of the Court that the Clerk shall certify the following questions to the Alabama Supreme Court:
“(1) Did 1984 Ala. Acts No. 389 repeal 1965 Ala. Acts No. 36 (First Special Session)?
“(2) Does 1965 Ala. Acts No. 36 (First Special Session) violate section 106 of the Constitution of the State of Alabama because it is a local law within the meaning of section 110 of the Constitution?”

The Court will proceed to answer the second question first.

Section 106 of the Constitution of 1901 provides, in pertinent part:

“No ... local law shall be passed on any subject not enumerated in section 104 of this Constitution ... unless notice of the intention to apply therefor shall have been published ... in the county ... where the matter or thing to be affected may be situated....”

Section 110 of the Constitution of 1901 was interpreted literally by this Court in Peddycoart v. City of Birmingham, 354 So.2d 808 (Ala.1978), as defining a local law to be one “ ‘which applies to any political subdivision or subdivisions of the state less than the whole ’ ... when it becomes law!” Section 110 was amended by Amendment No. 375, ratified November 20, 1978, to define a local law as one “which is not a general law or a special or private law.” A general law was defined therein as “a law which in its terms and effect applies either to the whole state, or to one or more municipalities of the state less than the whole in a class.”

Local laws enacted as “general acts of local application,” see Peddycoart, supra, were the subject of a subsequent amendment, Amendment No. 389, ratified Novem[450]*450ber 19, 1980. That amendment rendered any such statutes, if otherwise valid, valid if enacted before January 13, 1978 (the date of the Peddycoart decision), but declared that such statutes would “forever remain” applicable to their original counties and municipalities, despite population changes.

It would serve no useful purpose to quote the provisions of Act No. 36 which make it a local law. Indeed, there is no dispute upon its terms. It is clearly a “bracket bill,” having a population classification of 300,000 to 500,000, and it is conceded that it was not advertised as required under the notice requirements of Section 106.

Nevertheless, Amendment No. 389 specifically legitimated local acts, such as Act No. 36, notwithstanding the failure to meet the notice requirements. Consequently, we conclude that Act No. 36 is not unconstitutional under Section 106 of the Constitution of 1901.

We answer Question No. 2 “No.”

Did Act No. 389, which became effective on May 21, 1984, repeal Act No. 36, which became effective on March 16, 1965?

The positions of the parties are sharply divided on this question. We believe that the basic issue is whether Act No. 36 was repealed by implication by Act No. 389.

It is helpful to compare the substantive terms of each statute:

Act No. 36 (1965)
Section 1
Applicable to all counties having population . of 300,000 to 500,000.
Section 2
All registered voters must reiden-tify before February 2, 1967, except those registered as recently as February 2, 1964.
Section 3
Voters reidentify (a) by appearing in person before Board of Registrars in county courthouse and completing questionnaire substantially like one provided in Act; (b) active duty personnel in armed forces and their spouses may request questionnaire; (c) permanently disabled confined in facility or bed may request questionnaire.
Section 4

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501 So. 2d 447, 1986 Ala. LEXIS 4286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buskey-v-mobile-county-board-of-registrars-ala-1986.