Alabama Administrative Code Chapter 820-2-2 — Voter Registration

chapter-820-2-2Ala. Admin. Code ch. 820-2-2Regulation

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820 State of Alabama Office of the Secretary of State

Ala. Admin. Code r. 820-2-2-.01 Applicability Of The National Voter Registration Act

The provisions of the National Voter Registration Act of 1993 [Public Law 103-31, 42 U.S. Code 1973gg et seq.] shall apply to all elections for state and local government offices in the State of Alabama. Copies of the National Voter Registration Act of 1993 may be obtained without charge from the Secretary of State's office, Elections Division, State Capitol, Room E-201, Montgomery, Alabama 36130.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.01, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.02 Voter Registration Agency Defined

For the purposes of this chapter, a voter registration agency shall be any state or local governmental entity designated to provide voter registration services pursuant to Section 17-4-250, paragraphs (b), (d), and (f), Code of Ala. 1975, and 820-2-2-.03.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.02, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.03 State-Designated Voter Registration Agencies

The following offices shall be state-designated voter registration agencies for the purposes of the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-5(a)(3)] and shall provide voter registration services pursuant to Section 17-4-250, paragraph (f), Code of Ala. 1975, and the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-5]:

(1) The probate office in each county, except in those counties in which driver's licensing is conducted by a License Commissioner;

(2) The license commissioner’s office in those counties in which driver's licensing is conducted by a License Commissioner; and

(3) All public libraries, including branch libraries, in each municipality with a population exceeding ten thousand (10,000) and all public libraries in each county, including branch libraries.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.03, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.04 Provision Of Voter Registration Services By Agencies

(1) Each voter registration agency shall offer voter registration services to its clients when said clients apply for services or recertify for services provided by the registration agency, or file a change of address with the voter registration agency.

(2) Voter registration agencies shall provide the same level of assistance to clients with respect to completing voter registration forms that they provide to clients with respect to other services rendered by the voter registration agency.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.04, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.05 Design Of Voter Registration Forms

(1) The Secretary of State shall prescribe all voter registration forms to be used in voter registration activities provided for in Code of Ala. 1975, Section 17-4-60.

(2) Any content related to voter registration that is incorporated into a form prescribed by a voter registration agency so that said form may serve as a voter registration application or voter registration update form shall be subject to review by, and the approval of, the Secretary of State.

(3) Voter registration agencies may develop computer-assisted voter registration forms in conjunction with the Secretary of State. All computer-assisted voter registration forms developed under this paragraph are subject to review by, and the approval of, the Secretary of State.

(4) The following forms prescribed by the Alabama Law Enforcement Agency, in consultation with the Secretary of State, shall be valid for applying for voter registration or for submitting a change of address for voter registration purposes:

(a) “Application for Renewal or Duplicate License for Alabama Drivers Temporarily Out of State”

(b) “Driver License or Identification Card Change of Address”

History

  • Author: Edward Packard, R. Joel Laird, Jr., Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-63.
  • New Rule: Filed January 10, 2001; effective February 14, 2001. Amended: Filed February 5, 2016; effective March 21, 2016.
  • Editor's note: Formerly Rule 820-X-8-.05, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.06 Acceptance/Declination Forms

(l) Voter registration forms used in voter registration agencies other than those agencies designated pursuant to 820-2-2-.03 shall include a detachable section in which individuals shall indicate their acceptance or declination of voter registration services. This acceptance/declination section shall include, verbatim, statements required by the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-3(c)(2)(D)(ii), 1973gg-3(c)(2)(D)(iii), 1973gg-5(a)(6)(B)].

(2) In the event that a client does not indicate an acceptance or declination of voter registration services, the agency representative shall write "REFUSED" in block letters across the acceptance/declination section and print the client's name and the date on the form.

(3) Each voter registration agency shall maintain for a period of two (2) years all acceptance/declination sections of the voter registration forms.

(a) Procedures for maintaining the acceptance/ declination sections shall be determined by each voter registration agency and filed with the Secretary of State. Each voter registration agency shall, in a timely manner, file with the Secretary of State any changes or amendments to said procedures.

(b) Procedures developed pursuant to 820-2-2-.06(3)(a) shall not be implemented until said procedures are reviewed and pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the Voting Rights Act of 1965 [42 U.S. Code 1973aa et seq.].

(c) The Secretary of State shall have access to all acceptance/declination sections for program evaluation purposes and to investigate voter registration complaints filed with the Secretary of State.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.06, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.07 Training Materials

The Secretary of State shall prepare and disseminate training materials to inform voter registration agencies of their responsibilities pertaining to voter registration services. Voter registration agencies may prepare and disseminate their own materials, for internal use only, provided that any such materials are submitted to the Secretary of State for review and approval before being disseminated.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.07, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.08 Filing Of Voter Registration Procedures

(1) Each voter registration agency shall file with the Secretary of State procedures for conducting voter registration in its offices. Each voter registration agency shall, in a timely manner, file with the Secretary of State any changes or amendments to said procedures.

(2) Procedures developed pursuant to 820-2-2-.08(1) shall not be implemented until said procedures are reviewed and pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the Voting Rights Act of 1965 [42 U.S. Code 1973aa et seq.].

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.08, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.09 Transmittal Of Voter Registration Forms

(1) Each voter registration agency shall sort by each applicant's county of residence all completed voter registration forms submitted to the voter registration agency and transmit the forms by mail or courier to each county's Board of Registrars within five (5) days of submission, except that all voter registration forms received by the voter registration agency by the official close of registration shall be transmitted no later than the day of the official close of registration.

(2) Each package of voter registration forms being transmitted to a Board of Registrars shall include a packing slip specifying 1) the name and address of the agency transmitting the voter registration forms, 2) the name and phone number of the agency representative who prepared the package for transmittal, and 3) the number of voter registration forms being transmitted.

(3) Each voter registration agency shall develop procedures for transmitting voter registration forms to the various Boards of Registrars and file those procedures with the Secretary of State. Each agency shall, in a timely manner, file with the Secretary of State any changes or amendments to said procedures.

(4) Procedures developed pursuant to paragraph 820-2-2-.09(3) shall not be implemented until said procedures are reviewed and pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the Voting Rights Act of 1965 [42 U.S. Code 1973aa et seq.].

(5) The Secretary of State shall provide each voter registration agency with envelopes and packing slips for transmitting the voter registration forms to the Boards of Registrars.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.09, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.10 Delivery Of Voter Registration Materials

All voter registration forms, transmittal envelopes, and packing slips required for voter registration agencies to fulfill their voter registration duties shall be provided by the Secretary of State and delivered to 1) each agency's headquarters in Montgomery, Alabama, in the cases of agencies designated under Section 17-4-250, paragraphs (b) and (d), Code of Ala. 1975; 2) the probate office of each county; and 3) each public library.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.10, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.11 Mail Registration Form Distribution Sites

(1) The following public organizations shall serve as distribution sites for the mail voter registration form: 1) public schools and 2) four-year institutions of higher learning, and 3) public libraries, including branch libraries, in each municipality with a population equal to or less than ten thousand (10,000).

(2) Through cooperative agreements, the Secretary of State may distribute the mail voter registration form through additional public and private sector organizations.

(3) The Secretary of State and the Boards of Registrars shall make the mail voter registration form available for use in organized voter registration drives.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.11, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.12 Processing Voter Registration Forms

(l) Voter registration forms submitted at a voter registration agency pursuant to Section 17-4-60, paragraphs (b), (d), (e), and (f), Code of Ala. 1975, not later than the official close of registration shall be processed by the Boards of Registrars in the same manner as voter registration forms received by the Boards of Registrars not later than the official close of registration.

(2) Voter registration forms received through the mail pursuant to Section 17-4-60, paragraph (c), Code of Ala. 1975, and postmarked not later than the official close of registration shall be processed by the Boards of Registrars in the same manner as voter registration forms received by the Boards of Registrars not later than the official close of registration.

(3) Voter registration forms received through the mail pursuant to Section 17-4-60, paragraph (c), Code of Ala. 1975, not later than three (3) days after the official close of registration with no postmark or an unreadable postmark shall be processed in the same manner as voter registration forms received by the Boards of Registrars not later than the official close of registration.

(4)(a) When a voter registration form is received by the county board of registrars, the registrars shall examine the form to determine whether it has been completed in its entirety. If the form does not contain all of the information needed to complete the voter registration process, the registrars shall attempt to contact the applicant to inform such person that his or her voter registration form is incomplete if the application contains a means of contacting the applicant, such as an address, telephone number, email address, or other contact information.

(b)1. The minimum age at which a citizen may submit a voter registration form to the board of registrars (“board”) is seventeen and one-half (17½) years. Any applications that are received before the applicant has reached the age of eighteen years shall be placed in the suspense file of the statewide voter registration system by the applicable board until the applicant has reached the age of eighteen years, at which time the applicant shall be placed in the active voter file if he or she meets all other eligibility requirements for voter registration.

  1. If a board of registrars (“board”) receives a voter registration form from an applicant who is not seventeen and one-half (17½) years old at the time the application is received, the board shall reject the application, but the board shall keep the application as a permanent record. The board shall not enter the applicant in the suspense file of the statewide voter registration system. The board shall notify the applicant in writing that he or she has not attained the minimum age for processing the application and further notify the applicant that once the applicant has reached the minimum age of seventeen and one-half (17½) years, he or she may file a new voter registration application with the board. The applicant shall also be notified that after the submission of a new application upon attaining the age of at least 17 ½ years, his or her voter registration will become active once he or she has reached the age of eighteen years if he or she meets all other eligibility requirements for voter registration.

(5) In order to receive applications for registration and to expedite and administer the same:

(a) the county board of registrars office shall be open on their working days the same hours as the courthouse in their county,

(b) the county board of registrars office shall maintain at least one register in the office at all times during open hours,

(c) each registrar shall complete any additional training on cybersecurity as required by the Secretary of State.

History

  • Author: Edward Packard, Jean Brown, Brent Beal, David Brewer, John Bennett, Clay Helms
  • Authority: Code of Ala. 1975, §§17-4-63; 17-3-1.
  • New Rule: Filed January 10, 2001; effective February 14, 2001. Amended: Filed November 6, 2014; effective December 11, 2014. Amended: Filed June 3, 2016; effective July 18, 2016. Amended: Filed September 18, 2017; effective November 2, 2017. Amended: Filed January 5, 2018; effective February 19, 2018.
  • Editor's note: Formerly Rule 820-X-8-.12, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.13 Procedures For Voters Who Have Moved From Address In Area Covered By One Precinct Or Polling Place To Address Covered By Second Precinct Or Polling Place Within Same Board Of Registrars’ Jurisdiction And Have Not Updated Voter Registration Record Prior To An Election

(1) A voter who has changed his or her domicile from an address in the area covered by one precinct or polling place to an address covered by a second precinct or polling place within the same Board of Registrars’ jurisdiction and who has failed to notify the Board of Registrars of the change of address prior to the date of an election shall not be allowed to cast a ballot at the former polling place. In such cases the poll workers shall obtain the voter’s new precinct or polling place information from either the Board of Registrars or the Judge of Probate and instruct the voter to go to the new precinct or polling place to vote.

(a) Because in such instances the voter’s name will not appear on the poll list at the new precinct or polling place, an inspector at the new polling place shall notify the voter that he or she may cast a provisional ballot in the election.

(b) If the inspector has knowledge and belief that a voter has changed his or her domicile but the voter refutes the inspector’s allegation and asserts that he or she is eligible to vote at the polling place where he or she has presented himself or herself to vote, the inspector shall require the voter to cast a provisional ballot based on the inspector’s knowledge that the voter is not qualified to vote in the precinct in which he or she is seeking to vote. The inspector shall complete a challenge statement setting forth the facts which the inspector believes to support his or her contention that the voter is not qualified to vote in the precinct in which he or she is seeking to vote.

(c) Any provisional ballot issued pursuant to this rule shall be governed by the procedures set forth in Section 17-10-2, Code of Ala. 1975, and Chapter 820-2-6, Alabama Administrative Code.

(d) The voter shall cast the provisional ballot and place it into a sealed ballot box separately identified and utilized for containing provisional ballots.

(2) For absentee ballot applicants required to reidentify because they do not appear in the new voting place for which they seek to vote but do appear within the state voter registration list in another voting place at a former address covered by a second precinct or polling place within the same Board of Registrars’ jurisdiction, the absentee election manager shall provide to the voter a provisional ballot along with a voter reidentification form in accordance with Code of Ala. 1975, Sections 17-11-9 and 17-10-2.

(a) The term “Provisional” shall be marked on the second or affidavit envelope prior to transmitting the ballot to the voter.

(b) The absentee election manager shall provide as a provisional ballot the ballot style for the new voting place in which the applicant is seeking to vote. In such cases the absentee election manager shall obtain the applicant’s ballot style for the new voting place from either the Board of Registrars or the Judge of Probate.

(c) Any provisional ballot issued pursuant to this rule shall be governed by the procedures set forth in Section 17-10-2, Code of Ala. 1975, and Chapter 820-2-6, Alabama Administrative Code.

History

  • Author: Edward Packard, Jean Brown, William Sutton
  • Authority: Code of Ala. 1975, §§7-4-63 (2007); 17-6-5 (2007); 17-9-10 (2007); 17-10-3 (2007).
  • New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed: Filed July 1, 2014; effective August 5, 2014. New Rule: Filed September 5, 2014; effective October 10, 2014.
  • Editor's note: Formerly Rule 820-X-8-.13, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.14 Filing Changes Of Address With Agencies By Phone

If a voter registration agency designated under Section 17-4-250, paragraphs (b), (d), or (f), Code of Ala. 1975, accepts change of address information by telephone, said voter registration agency shall mail the client filing the change of address a mail voter registration form.

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.14, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.15 Voter Registration Statistics

(1) Beginning February 1995, the Board of Registrars shall submit to the Secretary of State on a monthly basis the following information:

(a) The total number of new valid voter registration forms accepted for the respective month, excluding all applications that are duplicates, rejected, or that report only a change of name or address.

(b) The total number of voter registration forms received from the following sources: 1) all driver's license offices, 2) mail, 3) all public assistance agencies, 4) Rehabilitation Services offices, 5) all armed forces recruitment offices, 6) state-designated voter registration agencies (public libraries and probate offices), and 7) all other means (in person at the office of the Board of Registrars, by deputy registrars, by voter registration drives delivering the forms directly to the Board of Registrars).

(c) The total number of duplicate registration applications that were received from each of the following sources: 1) all driver's license offices, 2) mail, 3) all public assistance agencies, 4) Rehabilitation Services offices, 5) all armed forces recruitment offices, 6) state-designated voter registration agencies (public libraries and probate offices), and 7) all other means (in person at the office of the Board of Registrars, by deputy registrars, by voter registration drives delivering the forms directly to the Board of Registrars).

(2) Beginning in 1996, in December of each even-numbered year, the Board of Registrars shall submit to the Secretary of State the following information:

(a) The total number of registered voters, whether designated "active" or "inactive", in the last Federal general election.

(b) The total number of registrants that were designated "inactive" at the close of the last Federal general election.

(c) The total number of registrations that were deleted from the registration list between the last two (2) Federal general elections.

(d) The total number of address confirmation notices mailed out between the past two Federal general elections and the total number of responses received to these notices during that same period.

(3) The Secretary of State shall prescribe and provide forms for use by the Board of Registrars to file with the Secretary of State the information required in 820-2-2-.15(1) and 820-2-2-.15(2).

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.15, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.16 Cooperation With Federal Voting Assistance Program

The Secretary of State shall work in cooperation with the Federal Voting Assistance Program to provide voter registration in armed forces recruitment offices pursuant to Section 17-4-250, paragraph (e), Code of Ala. 1975, and the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-5(c)].

History

  • Author: Edward Packard, Charles E. Grainger, Jr.
  • Authority: Code of Ala. 1975, §17-4-255.
  • New Rule: Filed January 10, 2001; effective February 14, 2001.
  • Editor's note: Formerly Rule 820-X-8-.16, as per certification filed January 10, 2001; effective February 14, 2001.
Ala. Admin. Code r. 820-2-2-.17 Voter Registration Instructions For Voter Registrars To Assess Eligibility Of Voter Registration Applicant

(a) The following instructions and checklist form (“Form C-1”) shall be the instructions and checklist used by the county boards of registrars to assess the eligibility of voter registration applicants in this state. Form C-1 shall be used by county boards of registrars to list which document an applicant for voter registration has provided to the board of registrars to allow the registrars to assess the eligibility of the applicant to register to vote, including the applicant’s United States citizenship.

(b) Instructions for Registrars:

INSTRUCTIONS TO REGISTRARS

ALL COMPLETED VOTER REGISTRATION APPLICATIONS MUST BE ACCEPTED AND FILED BY THE BOARD OF REGISTRARS; HOWEVER, NO APPLICANT SHALL BE REGISTERED UNTIL HE/SHE HAS PROVIDED SATISFACTORY EVIDENCE OF UNITED STATES CITIZENSHIP AS SET OUT BELOW.

AN ALABAMA REGISTERED VOTER WHO CHANGES HIS/HER PLACE OF RESIDENCE OR WHO MODIFIES HIS/HER VOTER REGISTRATION RECORDS FOR ANY OTHER REASON, SUCH AS LEGAL CHANGE OF NAME, SHALL NOT BE REQUIRED TO SUBMIT EVIDENCE OF U.S. CITIZENSHIP.

PROOF OF VOTER REGISTRATION FROM ANOTHER STATE CANNOT BE USED AS PROOF OF U.S. CITIZENSHIP.

ONLY DOCUMENTS LISTED IN PARAGRAPH 3 CAN BE USED TO SHOW PROOF OF U.S. CITIZENSHIP.

VOTER REGISTRATION REQUIREMENTS:

  1. The applicant must either be 18 years old, or if he /she is 17, they must be 18 years old on or before the date of the next election.

  2. The applicant must have satisfactory evidence of U.S. citizenship. If the voter registration application is filed in person, satisfactory evidence of U.S. citizenship SHALL be provided in person at the time of filing the application by providing ONE of the documents listed below. If the applicant is trying to register in person and lacks satisfactory citizenship documentation, the application shall be accepted and filed. A record shall be created in the statewide voter registration database with the applicant’s records placed in a status of “suspense” with a reason of “insufficient citizenship documentation.” The applicant shall be given Form C-3 notifying the applicant that the submitted documentation is insufficient and to bring or mail satisfactory documentation to the Board of Registrars.

For voter registration applications that are mailed to the office of the Board of Registrars, the mailed application MUST include ONE of the documents listed below. If the mailed application lacks satisfactory citizenship documentation, the application shall be accepted and filed. A record shall be created in the statewide voter registration database with the applicant’s records placed in a status of “suspense” with a reason of “insufficient citizenship documentation.” The applicant shall be mailed Form C-3 notifying the applicant that the submitted documentation is insufficient and to bring or mail satisfactory documentation to the Board of Registrars.

  1. Proof of U.S. citizenship is established by providing an original or legible photocopy or a copy in digital or other electronic format of ONE of the following documents:

a. Driver’s license or nondriver’s ID card issued by division of motor vehicles or equivalent governmental agency of any state within the U.S. provided that the governmental agency of another state within the U.S. requires proof of lawful presence (i.e., U.S. citizenship) in the U.S. as a condition of issuance of the driver’s license or nondriver’s ID card and that the driver's license or nondriver's ID card contains appropriate indicia showing proof of U.S. citizenship. Alabama driver’s license or nondriver’s ID card must be a “Star” license or ID.

b. Birth certificate indicating birth in the U.S. or one of its territories.

c. Pertinent pages of applicant's valid or expired U.S. passport identifying applicant and applicant’s passport number, or presentation of U.S. passport to Board of Registrars.

d. U.S. naturalization documents or the number of certificate of naturalization. If only number of certificate of naturalization is provided, applicant shall not be registered until number of certificate of naturalization is verified with U.S. Bureau of Citizenship and Immigration Services by Board of Registrars pursuant to 8 U.S.C. §1373(c).

e. Other documents or methods of proof of U.S. citizenship issued by federal government pursuant to Immigration and Nationality Act of 1952 and amendments thereto.

f. Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

g. Consular report of birth abroad of U.S. citizen.

h. Certificate of citizenship issued by U.S. Citizenship and Immigration Services.

i. Birth certificate issued by U.S. State Department.

j. American Indian card with KIC classification issued by U.S. Dept. of Homeland Security.

k. Final adoption decree showing applicant’s name and U.S. birthplace.

l. Official U.S. military record of service showing applicant's place of birth in the U.S.

m. Extract from U.S. hospital birth record created at time of birth showing applicant's U.S. place of birth

n. Federal confirmation of U.S. citizenship under 8 U.S.C. §1373.

IF YOU HAVE QUESTIONS CONCERNING WHETHER AN APPLICANT HAS PROVIDED SUFFICIENT PROOF OF CITIZENSHIP, PLEASE CONTACT THE SECRETARY OF STATE’S OFFICE AT 800-274-8683.

IF EVIDENCE OF U.S. CITIZENSHIP IS DEEMED BY THE REGISTRARS TO BE UNSATISFACTORY DUE TO AN INCONSISTENCY BETWEEN THE DOCUMENT SUBMITTED AS EVIDENCE AND THE NAME OR SEX PROVIDED ON THE REGISTRATION APPLICATION, THE APPLICANT MAY SIGN AN AFFIDAVIT CONTAINING BOTH OF THE FOLLOWING:

  1. Stating the inconsistency or inconsistencies related to the name or sex, and the reason therefor and

  2. Swearing under oath that despite the inconsistency, the applicant is the same individual reflected in the document provided as proof of citizenship. There shall be no inconsistency between the date of birth on the document provided as evidence of citizenship and the date of birth provided on the registration application. If the applicant submits an affidavit, the Board of Registrars shall assess the eligibility of the applicant without regard to any inconsistency stated in the affidavit. A Sample Inconsistency Affidavit is attached as Form C-2.

(c) Form C-1

REGISTRAR’S CHECKLIST (Form C-1)

Applicant has supplied the following documents showing proof of citizenship: (Check applicable document)

  1. ____Driver’s license or nondriver’s ID card issued by division of motor vehicles or equivalent governmental agency of any state within the U.S. provided that the governmental agency of another state within the U.S. requires proof of lawful presence (i.e., U.S. citizenship) in the U.S. as a condition of issuance of the driver’s license or nondriver’s ID. Alabama driver’s license or nondriver’s ID card must be a “Star” license or ID.
  2. ____Birth certificate indicating birth in the U.S. or one of its territories.
  3. ____Pertinent pages of applicant's valid or expired U.S. passport identifying applicant and applicant’s passport number, or presentation of U.S. passport to Board of Registrars.
  4. ____U.S. naturalization documents or the number of certificate of naturalization. If only number of certificate of naturalization is provided, applicant shall not be registered until number of certificate of naturalization is verified with U.S. Bureau of Citizenship and Immigration Services by Board of Registrars pursuant to 8 U.S.C. §1373(c).
  5. ____Other documents or methods of proof of U.S. citizenship issued by federal government pursuant to Immigration and Nationality Act of 1952 and amendments thereto.
  6. ____Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.
  7. ____Consular report of birth abroad of U.S. citizen.
  8. ____Certificate of citizenship issued by U.S. Citizenship and Immigration Services.
  9. ____Birth certificate issued by U.S. State Department.
  10. ____American Indian card with KIC classification issued by U.S. Dept. of Homeland Security.
  11. ____Final adoption decree showing applicant’s name and U.S. birthplace.
  12. ____Official U.S. military record of service showing applicant's place of birth in the U.S.
  13. ____Extract from U.S. hospital birth record created at time of birth showing applicant's U.S. place of birth.
  14. ____Federal confirmation of U.S. citizenship under 8 U.S.C. §1373.

PHOTOCOPY ANY SUPPLIED ORIGINAL DOCUMENTATION AND RETURN ORIGINAL DOCUMENTATION TO VOTER (except for Inconsistency Affidavit; in those cases retain original and return copy to applicant).

ATTACH THIS FORM, COPY OF PROOF OF CITIZENSHIP DOCUMENTATION, INCONSISTENCY AFFIDAVIT (IF APPLICABLE) TO VOTER REGISTRATION APPLICATION AND PLACE IN PERMANENT VOTER FILE.

IF AN APPLICANT HAS BEEN DENIED REGISTRATION, PLACE APPLICATION AND COPY OF FORM C-3 IN PERMANENT VOTER FILE.

History

  • Author: Jean Brown; Edward Packard; Julie Sinclair
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013.
Ala. Admin. Code r. 820-2-2-.18 Electronic Voter Registration

(1) Pursuant to the Uniform Electronic Transactions Act, codified at Code of Ala. 1975, Sections 8-1A-1 et seq., the Secretary of State and voter registration agencies may develop and implement electronic voter registration. All electronic voter registration forms developed and implemented under this paragraph are subject to review by, and the approval of, the Secretary of State.

(2) As required by Rule 820-2-2-.05, the Secretary of State shall prescribe all voter registration forms to be used in voter registration activities provided for in Code of Ala. 1975, Section 17-4-60, paragraphs (b), (c), (d), and (f).

(3) The county boards of registrars shall accept and process electronic voter registration forms through the electronic system developed pursuant to paragraph (2), supra.

(4) The data collected through the electronic voter registration process shall be subject to all of the same protections as paper-based voter registration applications as provided for in Code of Ala. 1975, Section 17-3-52 and any applicable regulations.

(5) If the electronic voter registration form originates from an electronic voter registration process developed by a voter registration agency, said agency shall maintain the electronic signature of the voter registration applicant. Said signature shall be made available for law enforcement and/or forensic purposes.

History

  • Author: Edward Packard; Jean Brown; R. Joel Laird, Jr.
  • Authority: Code of Ala. 1975, §§17-4-63, 8-1A-1 et seq., Attorney General’s Opinion No. 2009-084.
  • New Rule: Filed March 4, 2016; effective April 18, 2016.
  • Editor's note: New Rule 820-2-2-.18 was adopted and original rules .18 through .30 was renumbered as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.19 Affidavit And Application For Certification Of Free Alabama Birth Record For Voter Registration Use

The board of registrars shall provide the following form ("Form HS-89") for use by an Alabama citizen who wishes to register to vote but does not have a certified copy of his or her birth certificate and does not possess any of the documents listed on said form. If the applicant qualifies for a birth certificate under Code of Alabama, section 31-13-28 (2011), said birth certificate shall be provided electronically to the county board of registrars at no cost to the applicant.

Upon the applicant's completion of this form, the board of registrars shall expeditiously forward the form (by fax, mail, or email) to the Alabama Center for Health Statistics ("CHS") whereupon the CHS will search for the birth record. If located, the CHS will expeditiously provide the requested information to the county board of registrars via the method used to transmit the form to the CHS. If the record is not located, the CHS will provide information stating that the record was not found.

History

  • Author: Jean Brown; Edward Packard; Julie Sinclair
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013.
  • Editor's note: Original Rule .18 was renumbered .19 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.20 Citizenship Document Inconsistency Affidavit Form

The following form (“Form C-2”) shall be used in instances where evidence of U.S. citizenship is deemed to be unsatisfactory due to an inconsistency between the document submitted as evidence of U.S. citizenship and the name or sex provided on the voter registration application.

History

  • Author: Jean Brown; Edward Packard; Julie Sinclair
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013.
  • Editor's note: Rule .19 was renumbered .20 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.21 Form For Notification Of Insufficiency Of Proof Of Citizenship

(a) The following form (“Form C-3”) shall be used by boards of registrars to notify an applicant that he/she has provided insufficient proof of citizenship of U.S. citizenship as required by Code of Alabama, section 31-13-28 (2011).

(b) The board of registrars shall create a record in the statewide voter registration database for an applicant who has submitted insufficient proof of citizenship and shall place the applicant in a status of “suspense” with a reason of “insufficient citizenship documentation.” The board of registrars shall scan the completed “Notification of Insufficiency of Proof of Citizenship” (Form C-3) into the statewide voter registration database and attach it to the applicant’s record.

History

  • Author: Jean Brown; Edward Packard; Julie Sinclair
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013.
  • Editor's note: Rule .20 was renumbered .21 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.22 Procedure For County Boards Of Registrars For Hearing To Determine Applicant's Citizenship For Voting Purposes

(1) If an applicant is a U.S. citizen but does not have any of the documentation listed in Code of Alabama, section 31-13-28 (k), the applicant may submit any evidence that the applicant believes demonstrates his or her U.S. citizenship. Among the documents that may be submitted when the applicant does not have any of the documents listed in Code of Alabama, section 31-13-28(k), are:

(a) Religious record, such as family Bible, certificate of baptism or confirmation, or other similar record showing either the date of birth or the person’s age when the record was made;

(b) Marriage certificate showing a U.S. place of birth;

(c) Life, health, or other insurance record showing a U.S. place of birth;

(d) Early school record showing a U.S. place of birth;

(e) Newspaper birth announcement showing a U.S. place of birth;

(f) Affidavits signed under penalty of perjury by three (3) people;

(g) Military dependent’s identification card showing U.S. citizenship;

(h) If none of the aforementioned evidence of U.S. citizenship is available, three or more corroborating documents may be accepted if said documents establish U.S. citizenship by a preponderance of the evidence.

(2) Any applicant seeking an assessment of evidence under this section may directly contact the county board of registrars by submitting a state voter registration application or the national voter registration application and any supporting evidence of U.S. citizenship. The county board of registrars shall give the applicant an opportunity for a hearing, upon the applicant's request in writing, and an opportunity to present any additional evidence to the county board of registrars. Notice of such hearing shall be given to the applicant at least five days prior to the hearing date. An applicant shall have the opportunity to be represented by counsel at such hearing. The county board of registrars shall assess the evidence provided by the applicant to determine whether the applicant has provided satisfactory evidence of U.S. citizenship. If the county board of registrars finds proof of U.S. citizenship by a preponderance of the evidence for an applicant whose voter registration application was received before the close of registration for the next scheduled election, said applicant shall be able to vote in that election.

(4) Standard of Proof and Majority Vote. The standard of proof for establishing U.S. citizenship before the county board of registrars shall be proof by a preponderance of the evidence. A decision of the county board of registrars shall be determined by majority vote.

(5) If the county board of registrars finds that the evidence presented by an applicant does not constitute satisfactory evidence of U.S. citizenship, the applicant shall have the right to appeal such determination by instituting an action under 8 U.S.C. §1503. Any negative assessment of an applicant’s eligibility by a county board of registrars shall be reversed if the applicant obtains a declaratory judgment pursuant to 8 U.S. C. § 1503, demonstrating that the applicant is a citizen of the United States.

History

  • Author: Jean Brown; Edward Packard; Julie Sinclair
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013.
  • Editor's note: Rule .21 was renumbered .22 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.23 Application Form To The Board Of Registrars For Hearing To Determine Applicant's Citizenship For Voting Purposes

The Following Application Form (“Form C-4”) To The county board of registrars shall be completed and submitted by applicants who desire to have a hearing or to submit additional evidence after a board of registrars determines that an applicant has not submitted satisfactory documentary proof of citizenship as required under Code of Ala. 1975, Section 31-13-28 (2012).

History

  • Author: Jean Brown; Edward Packard; Julie Sinclair
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013.
  • Editor's note: Rule .22 was renumbered .23 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.24 Agency-Based Voter Registration Form

(a) Pursuant to 52 U.S.C. 20504, the following form shall be used in all offices in the State that issue driver's licenses and nondriver's identification cards and all state-designated voter registration agencies designated in Rule 820-2-2-.03.

(b) Pursuant to 52 U.S.C. 20506, the following form shall be used in all offices in the State that provide public assistance and all offices in the State that provide State-funded programs primarily engaged in providing services to persons with disabilities.

History

  • Author: Jean Brown; Edward Packard; William Sutton.
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013. Repealed and New Rule: Filed April 13, 2015; effective May 18, 2015. Amended: Filed May 13, 2019; effective June 27, 2019.
  • Editor's note: Rule .23 was renumbered .24 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.25 Mail-In Voter Registration Form

History

  • Author: Jean Brown; Edward Packard; William Sutton
  • Authority: Code of Ala. 1975, §§31-13-28 (2012), 17-3-1 (2006).
  • New Rule: Filed September 31, 2013; effective March 7, 2013. Repealed and New Rule: Filed April 13, 2015; effective May 15, 2015. Amended: Filed May 13, 2019; effective June 27, 2019.
  • Editor's note: Rule .24 was renumbered .25 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.26 Domestic Violence Voter Affirmation Form

The following affidavit form shall be used by election officials in the State to omit the residential and mailing address of a registered voter on any generally available list of registered voters, except for those lists provided to federal and state agencies, who is or has been the victim of domestic violence, has legal custody of a minor who is or has been the victim of domestic violence, or when a domestic violence order is or has been issued by a judge or magistrate pursuant to the Domestic Violence Protection Order Enforcement Act. The affidavit form shall be filed in the county Board of Registrars office where the individual is registered or intends to register to vote

History

  • Author: Jean Brown, Brandon Walters, Ed Packard
  • Authority: Code of Ala. 1975, §17-4-33(2014).
  • New Rule: Filed October 9, 2014; effective November 13, 2014.
  • Editor's note: Rule .25 was renumbered .26 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.27 Procedures For Boards Of Registrars For Domestic Violence Voter Protection

The county Board of Registrars shall issue a Domestic Violence Voter Affirmation form upon an individual’s request. The individual shall return the completed affidavit form to the Board of Registrars in the county where the individual is registered or intends to register to vote. The Board of Registrars, upon receipt of a completed Domestic Violence Voter Affirmation for, shall mark the registrant in the voter registration system as “protected”. Information publicly available for voters in protected status shall include only the name and omit the residential and mailing address of a registered voter pursuant to Code of Ala. 1975, §17-4-33(b)(2014). Following all primary, special, general, and municipal elections in the state, a copy of the list of registered voters that is a public record while in the possession of the Board of Registrars shall be available for public inspection after the residential and mailing addresses of voters in protected status have been redacted from the list by the Board of Registrars. The original and copies of the list of registered votes shall be returned to the city clerk in municipal elections and the judge of probate in all other elections. Lists without redaction may be made available to federal and state agencies upon request. The Board of Registrars shall provide in writing the identification of protected voters to the Secretary of State, county judge of probate, county absentee election manager, and municipal clerk, to assist in the redaction or omission of the residential and mailing addresses from voter registration and other lists available from those offices.

History

  • Author: Jean Brown, Brandon Walters, Ed Packard
  • Authority: Code of Ala. 1975, §§17-4-33(2014); 17-9-15(1)(2014).
  • New Rule: Filed November 6, 2014; effective December 11, 2014.
  • Editor's note: Rule .26 was renumbered .27 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.28 Procedures For Absentee Election Managers For Domestic Violence Voter Protection

The county absentee election manager shall redact or omit the residential and mailing address for voters in protected status pursuant to Code of Ala. 1975, §17-4-33(b)(2014) from any copy of an absentee voter list to be posted or otherwise made a public record, except poll lists used at local precincts.

History

  • Author: Jean Brown, Brandon Walters, Ed Packard
  • Authority: Code of Ala. 1975, §§17-4-33(2014); 17-9-15(1)(2014).
  • New Rule: Filed November 6, 2014; effective December 11, 2014.
  • Editor's note: Rule .27 was renumbered .28 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.29 Procedures For Municipal Clerks For Domestic Violence Voter Protection

Following each election, the municipal clerk shall make a copy of that portion of the poll list to be made a public record and shall maintain the original in his or her office. The municipal clerk shall redact or omit the residential and mailing address for voters in protected status pursuant to Code of Ala. 1975, §17-4-33(b)(2014) from any copy to be made a public record, except poll lists used at local precincts.

History

  • Author: Jean Brown, Brandon Walters, Ed Packard
  • Authority: Code of Ala. 1975, §§17-4-33(2014); 17-9-15(1)(2014).
  • New Rule: Filed November 6, 2014; effective December 11, 2014.
  • Editor's note: Rule .28 was renumbered .29 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.30 Procedures For Disseminating Information From Statewide Voter File For Domestic Violence Voter Protection

The Secretary of State, judge of probate, and registrar shall include the name and omit the residential and mailing address of a registered voter on any list of registered voters compiled from the statewide voter file and generally available pursuant to §17-3-53, §17-4-33(10), §17-4-35(10), and §17-4-38, except for those lists provided to federal and state agencies, pursuant to Code of Ala. 1975, §17-4-33(b)(2014).

History

  • Author: Jean Brown, Brandon Walters, Ed Packard
  • Authority: Code of Ala. 1975, §§17-4-33(2014); 17-9-15(1)(2014).
  • New Rule: Filed November 6, 2014; effective December 11, 2014.
  • Editor's note: Rule .29 was renumbered .30 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.31 Report Of Voter’s Change Of Residence Or Death Form

The following form is for use by a family member of a voter, the inspector of a voter’s election precinct, judge of probate, sheriff, or clerk of the circuit court to report that a voter in the statewide voter file is deceased or has become a nonresident of the precinct in which he or she is registered to vote. Further, the form is for use by the inspector of the voter’s election precinct, judge of probate, sheriff, or clerk of the circuit court to provide a statement as to the source and nature of the information supporting the report that the voter is deceased or has become a nonresident of the precinct in which he or she is registered to vote.

History

  • Author: Edward Packard, William Suttom
  • Authority: Code of Ala. 1975, §17-4-6.1.
  • New Rule: Filed December 8, 2015; effective January 22, 2016.
  • Editor's note: Rule .30 was renumbered .31 as per certification filed March 4, 2016; effective April 18, 2016.
Ala. Admin. Code r. 820-2-2-.32 Oath On The Voter Registration Form

Pursuant to 17-3-52 of the Code of Alabama, voter registration applicants must sign a voter registration form that contains an oath to support and defend the Constitution of the United States and the State Constitution of Alabama. Currently, that oath ends with the phrase “so help me God.” If an applicant objects to that phrase due to sincerely held beliefs, the applicant may strike through the phrase and then sign the registration form. If the applicant is otherwise qualified to vote, the Board of Registrars shall accept a valid voter registration form when the phrase “so help me God” is stricken through by the applicant. Striking through this phrase is the only modification that applicants may make to the language of the voter registration form.

History

  • Author: David Brewer, Hugh Evans, Clay Helms, Jeff Elrod
  • Authority: Code of Ala. 1975, §17-3-52.
  • New Rule: Published January 29, 2021; effective March 15, 2021.

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