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I Slate o[ Norfl'~ Carolina [.AC'~' H. TIIOrINBURO Department of Justice Hatch 3, 1988 - Mr. Fletcher L. Hartsell, Jr. Cabarrus County Attorney P.O. Box 368 Concord, North Carolina 28026-0368 Dear Mr. Hartsell: You asked several questions about charges for computer-generated lists of registered voters in Cabarrus County. It appears that the Cabarrus County Board of Election has an agreement with the County for the County to maintain and prepare the list of registered voters on a County computer. Thereafter, when a list is required, 'the County prepares a copy from its computer. You asked specifically whether the County may establish a charge for provid- ing lists to the Election Board when the Election Board has received a request for such a list. The County has authority to determine the reasonable charge for preparing such a list for the Election Board (G.S. 153A-102). Thereafter, it seems reasonable that the Election Board would simply "pass along" those charges to persons who request the lists. Please note that althou§h persons to whom a list is furnished must make full reimbursement to the Board for the expense, the statute also provides for free copies to the County party chairmen. The County Board of Commissioners must provide adequate funds to meet the costs of the Board of Election that are incurred in fulfilling its duties with respect to registration records (40 N.C.A.G. 76 (1969). The provision restricting counties from prescribing fees is limited to those "filing fees" described in G.S. 163-107. You also asked whether it is permissable for the County to charge a differ- ent rate for the list depending on whether the list is requested by or for a candidate or a non-candidate. Public fees may be varied only when there is specific authority for a variation in fees and the classes, upon which the variations are based, have a substantial difference which justifies the difference in fee.