Alabama Administrative Code Chapter 820-2-3 — Absentee Voting

820 State of Alabama Office of the Secretary of State

Ala. Admin. Code r. 820-2-3-.01 Contents Of The Absentee Ballot And Accompanying Affidavit Envelope

(1) Each ballot style shall have its own designation. A ballot style is a printed ballot showing a specific group of races, candidates and/or propositions. To the extent of any variation in the printed races, candidates and/or propositions among printed ballots, each variety shall be distinctly designated.

(2) Each ballot shall have a pre-printed serial number. Ballot serial numbers shall correspond to the number of ballots printed in a particular ballot style. While serial numbers any be duplicated between separate ballot styles, serial numbers may not be duplicated within a ballot style.

(3) Each affidavit envelope shall contain designated blanks for the purpose of permitting the absentee election manager to write-in the ballot style designation and serial number of the associated ballot.

History

• Author: Charles E. Grainger, Jr.
• Authority: Code of Ala. 1975, §17-10-22.
• New Rule: Filed January 10, 2001; effective February 14, 2001.
• Editor's note: Formerly Rule 820-X-10-.01, as per certification filed January 10, 2001; effective February 14, 2001.

Ala. Admin. Code r. 820-2-3-.02 Completion Of The Ballot Style And Serial Number Blanks On The Affidavit Envelope

The Absentee Election Manager shall identify on the affidavit envelope in writing both the ballot style designation and the ballot serial number for the associated ballot prior to providing the affidavit envelope and ballot to the voter. Where absentee envelopes and ballots are provided to election officials for on-site absentee voting, the election officials shall be responsible for writing-in the ballot style designation and the ballot serial number of the associated ballot on the affidavit envelope prior to providing the affidavit envelope and associated ballot to the voter.

History

• Author: Charles E. Grainger, Jr.
• Authority: Code of Ala. 1975, §17-10-22.
• New Rule: Filed January 10, 2001; effective February 14, 2001.
• Editor's note: Formerly Rule 820-X-10-.02, as per certification filed January 10, 2001; effective February 14, 2001.

Ala. Admin. Code r. 820-2-3-.03 List Of Qualified Voters

The list of qualified voters shall identify the correct ballot style designations for each voter. In the case of a primary election, ballot style designations for each party participating in the primary and a non-partisan ballot style designation shall be printed on the list of qualified voters. The absentee election manager and on-site absentee election officials shall use the ballot style designations printed on the list of qualified voters to identify the correct ballot style to provide a voter in an election. A voter claiming to qualify for a ballot style in conflict with the ballot style designation printed on the list of qualified voters may vote by challenged ballot.

History

• Author: Charles E. Grainger, Jr.
• Authority: Code of Ala. 1975, §17-10-22.
• New Rule: Filed January 10, 2001; effective February 14, 2001.
• Editor's note: Formerly Rule 820-X-10-.03, as per certification filed January 10, 2001; effective February 14, 2001.

Ala. Admin. Code r. 820-2-3-.04 Forms For Overseas And Military Absentee Voting

(1) This rule is intended to provide any form or ballot by which an absentee election manager or registrar shall administer the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301. Any form or ballot described in this rule may be used in any primary or general election.

(2) The State of Alabama adopts any form or ballot issued or promulgated by the federal government to implement the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301. Any form or ballot issued or promulgated by the federal government in the future to implement the Act is adopted prospectively. Any form or ballot described in this rule may be used by a voter covered by the Act in lieu of any form or ballot issued or promulgated by the State of Alabama for absentee voting, such as the Standard State Application Form for Absentee Voting described in Paragraph 4 of this rule. The scope of this paragraph shall include, but is not limited to, the Federal Write-In Absentee Ballot, FWAB SF-186.

(3) Absentee ballot material sent to a voter by an absentee election manager pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301, to vote in a primary election shall include a Federal Write-In Absentee Ballot, FWAB SF-186, to vote for any federal candidate in a second primary election. Absentee ballot material sent to a voter by an absentee election manager pursuant to this paragraph shall also be accompanied by an instruction provided by the Secretary of State explaining that the Federal Write-In Absentee Ballot, FWAB SF-186, may be used to vote in a second primary election.

(4) The State of Alabama adopts a Standard State Application Form for Absentee Voting; which may be used by a voter covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301. The form may also be used by any other voter who applies to vote absentee. The form shall appear as follows:

Front Side of Application

Back Side of Application

PENALTIES §17-17-24, Code of Ala. 1975, as amended

(a) Any person who willfully changes an absentee voter’s ballot to the extent that it does not reflect the voter’s true ballot, any person who willfully votes more than once by absentee ballot in the same election, any person who willfully votes for another voter or falsifies absentee ballot applications or verification documents so as to vote absentee, or any person who solicits, encourages, urges, or otherwise promotes illegal absentee voting, shall be guilty, upon conviction, of a Class C felony. Any person who willfully aids any person unlawfully to vote an absentee ballot, any person who knowingly and unlawfully votes an absentee ballot, and any voter who votes both an absentee and regular ballot at any election shall be similarly punished.

(b) Upon request by the local District Attorney or the Secretary of State, the Attorney General shall provide investigating assistance in instances of absentee ballot or voting violations.

(c) Nothing in this section shall be construed to impede or inhibit organized legal efforts to encourage voter participation in the election process or to discourage a candidate from encouraging electors to lawfully vote by absentee ballot.

History

• Author: Adam L. Bourne, William Sutton, Jean Brown, Ed Packard, Brent Beal, David Brewer, Jeff Elrod
• Authority: Code of Ala. 1975, §§17-11-4, 17-11-5(d); Act 2019-507.
• New Rule: Filed February 10, 2006; effective March 17, 2006. Amended: Filed February 5, 2008; effective March 11, 2008. Amended: Filed May 4, 2018; effective June 18, 2018. Amended: Published October 31, 2019; effective December 15, 2019.

Ala. Admin. Code r. 820-2-3-.05 Definition of Commercial Carrier

A commercial carrier shall be defined as a business licensed and regulated (pursuant to §37-3-5) in the area(s) in which it operates that advertises to the public and is engaged in the business of trade or traffic and commerce.

History

• Author: Jeff Elrod, Hugh Evans
• Authority: Act 2019-507.
• New Rule: Published October 31, 2019; effective December 15, 2019.