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title-17•Title 17 — Elections
All of the provisions of this title shall apply to all primary elections and all elections by counties or municipalities held in this state, except in cases where the provisions of this title are inconsistent or in conflict with the provisions of a law governing special primary, county or municipal elections.
(Code 1907, §432; Code 1923, §522; Code 1940, T. 17, §1.)
For the purposes of this title, the following terms shall have the definitions ascribed to them:
(1) APPOINTING BOARD. In all elections the appointing board consists of the judge of probate, circuit clerk, and sheriff of the county.
(2) BALLOT. The term includes paper ballots and electronic ballots.
(3) BALLOT CONFIGURATION. The particular combination and arrangement of offices, candidates, and questions for a precinct or subdivision thereof.
(4) BEAT. Has the same meaning as precinct.
(5) BOX. The voting place in a precinct or subdivision of a precinct for voting purposes.
(6) CANVASSING BOARD. In all elections except primary elections, the canvassing board consists of the judge of probate, circuit clerk, and sheriff of the county. In primary elections, the county executive committee of the party is the canvassing board for the primary of the party.
(7) CENSUS BUREAU. The Bureau of the Census of the United States Department of Commerce, or any successor bureau or department that conducts an official decennial census of the United States.
(8) CLERK’S POLL LIST. The list of voters which is written by a clerk at the polling place.
(9) ELECTRONIC BALLOT. A ballot that utilizes electronic media or computerized systems for presenting the names of the offices and candidates and statements of questions to be voted on and for recording votes.
(10) ELECTRONIC BALLOT COUNTER. An approved device that reads and tabulates electronic ballots.
(11) ELECTRONIC VOTING EQUIPMENT. Equipment that records and tabulates votes directly without the use of an electronic paper ballot.
(12) ELECTRONIC VOTING MACHINES. Includes both precinct ballot counters and electronic ballot counters.
(13) INSPECTOR. The election poll worker in charge of a precinct who serves as chief returning officer for the precinct.
(14) LIST OF REGISTERED VOTERS. The list of registered voters, sometimes called the list of qualified voters, which is provided for each polling place by the city clerk in municipal elections and by the judge of probate in all other elections.
(15) MEMORY PACK. A device capable of storing electronically the totals of a precinct ballot counter.
(16) MEMORY PACK TABULATOR. A device capable of reading precinct returns from memory packs and totaling these returns for the county and other electoral districts.
(17) OFFICIAL BALLOT. The list of offices and candidates and the statements of questions to be voted on as appropriately certified by the judge of probate of the county or the Secretary of State.
(18) PERMANENT LEGISLATIVE COMMITTEE ON REAPPORTIONMENT. The committee created by Section 29-2-51.
(19) PRECINCT. A geographical subdivision of a county having clearly visible, definable, and observable physical boundaries. A precinct is the smallest geographical area for purposes of holding national, state, or countywide elections.
(20) PRECINCT BALLOT COUNTER. An electronic paper ballot counter that reads and tabulates electronic paper ballots at the precinct where they are cast.
(21) PRECINCT ELECTION OFFICIALS. The inspector and clerks required to be appointed to serve at each voting place.
(22) PRIVACY BOOTH. A stand used to provide privacy for voters in completing their ballots.
(23) STATEMENT OF CANVASS or CERTIFICATE OF RESULT. The vote totals recorded at the polling places on forms provided for that purpose in accordance with Sections 11-46-116, 11-46-123, 17-12-1, 17-12-2, and 17-13-14.
(24) VOTER REIDENTIFICATION FORM. A form that is prescribed by rule by the Secretary of State for use at the polling place pursuant to Section 17-4-13.
(25) VOTERS’ POLL LIST. The numbered list that is signed by the voter at the polling place.
(26) VOTING CENTER. A voting arrangement authorized by local legislation whereby multiple precincts may be located in a single voting center. Where a voting center has been established, the voting center is the voting place for the precinct.
(27) VOTING PLACE. The place, or places, designated for the holding of elections in each precinct. Where multiple voting machines are used in a single precinct, the location of each machine is a voting place, unless a voting center has been established by local legislation.
(28) VOTING STATION. A table, booth, or other device that permits a voter to complete a ballot in privacy.
(Act 2006-570, p. 1331, §1.)
(a) The Secretary of State is the chief elections official in the state and shall provide uniform guidance for election activities. The Secretary of State is granted rule making authority for the implementation of Chapter 2 under the Alabama Administrative Procedure Act.
(b) The judge of probate is the chief elections official of the county and shall serve as chair of the appointing board.
(Act 2003-313, p. 733, §1; §17-1-8; amended and renumbered by Act 2006-570, p. 1331, §2.)
(a)(1) No person in the employment of any city, whether classified or unclassified, shall be denied the right to participate in city, county, or state political activities to the same extent as any other citizen of the State of Alabama, including endorsing candidates and contributing to campaigns of his or her choosing.
(2) No person in the employment of any county, whether classified or unclassified, shall be denied the right to participate in city, county, or state political activities to the same extent as any other citizen of the State of Alabama, including endorsing candidates and contributing to campaigns of his or her choosing.
(3) No person in the employment of the State of Alabama, whether classified or unclassified, shall be denied the right to participate in city, county, or state political activities to the same extent as any other citizen of the State of Alabama, including endorsing candidates and contributing to campaigns of his or her choosing. Notwithstanding the foregoing, any person within the classified service shall comply with Section 36-26-38.
(4) All persons in the employment of any city, county, or state shall have the right to join local political clubs and organizations, and state or national political parties.
(5) All persons in the employment of any city, county, or state shall have the right to publicly support issues of public welfare, circulate petitions calling for or in support of referendums, and contribute freely to those of his or her choosing.
(b) Notwithstanding Section 17-17-5, any employee of a county or a city, whether in the classified or unclassified service, who qualifies to seek a political office with the governmental entity with which he or she is employed, shall be required to take an unpaid leave of absence from his or her employment, or use accrued overtime leave, or use accrued vacation time with the county or city from the date he or she qualifies to run for office until the date on which the election results are certified or the employee is no longer a candidate or there are no other candidates on the ballot. For purposes of this subsection, the term “employing authority” means the county commission for county employees or the city council for city employees. Any employee who violates this subsection shall forfeit his or her employment position. In no event shall this subsection apply to elected officials.
(c) When off duty, out of uniform, and acting as a private citizen, no law enforcement officer, firefighter, or peace officer shall be prohibited from engaging in city, county, or state political activity or denied the right to refrain from engaging in political activity so long as there is compliance with this section.
(Acts 1978, No. 819, p. 1194; Code 1975, §11-80-6; Acts 1983, No. 83-497, p. 696, §2; Acts 1995, No. 95-378, p. 772, §1; §17-1-7; amended and renumbered by Act 2006-570, p. 1331, §2.)
Each employee in the state shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take necessary time off from his or her employment to vote in any municipal, county, state, or federal political party primary or election for which the employee is qualified and registered to vote on the day on which the primary or election is held. The necessary time off shall not exceed one hour and if the hours of work of the employee commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls, then the time off for voting as provided in this section shall not be available. The employer may specify the hours during which the employee may absent himself or herself as provided in this section.
(Act 2006-545, p. 1263, §1; §17-1-9.)
(a) Ranked-choice voting shall not be used in determining the election or nomination of any candidate to any local, state, or federal office.
(b) As used in this section, the term “ranked-choice voting” means a voting method that allows electors to rank candidates for an office in order of preference and tabulates ballots cast in multiple rounds following the elimination of a candidate until a single candidate attains a majority.
(c) This section shall not apply to electors who are entitled to vote absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301, et seq.
(Act 2024-338, §1.)
There is established a separate trust fund in the State Treasury to be known as the Help America Vote Fund. All state and federal monies designated in accordance with the Help America Vote Act of 2002 and accrued interest are to be deposited into this fund. The receipts shall be disbursed only by warrant of the state Comptroller drawn upon the State Treasury supported by itemized vouchers approved by the Secretary of State. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriation acts.
(Act 2003-313, p. 733, §6; §17-25-1; amended and renumbered by Act 2006-570, p. 1331, §4.)
AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is established, pursuant to Section 254 of the Help America Vote Act of 2002, a state plan to provide for the implementation of that act. There shall be appointed a committee of 23 individuals to assist the Secretary of State in the development of the state plan. The committee membership shall reflect the racial diversity of the state.
(b) In accordance with the provisions of Section 255 of the Help America Vote Act of 2002, the members of the committee shall include the following:
(1) The judge of probate of the most populous county in the state, according to the most recent federal decennial census.
(2) The judge of probate of the second most populous county in the state according to the most recent federal decennial census.
(3) Three additional election officials, serving in a county or municipality in the state, to be appointed by the Secretary of State, one of whom shall be recommended by the Probate Judges’ Association, one of whom shall be recommended by the Sheriffs’ Association, and one of whom shall be recommended by the Circuit Clerks’ Association.
(4) Five individuals in the state, representing the interests of the electorate to be appointed by the Secretary of State, one of whom shall represent the political party with the highest number of votes in the last presidential election in the state, recommended by the chair of the party, one of whom shall represent the political party with the second highest number of votes in the last presidential election in the state, recommended by the chair of the party, and one of whom shall represent an organization serving as an advocate for the rights of individuals with disabilities.
(5) Three private citizens, representing the public at large, to be appointed by the Governor.
(6) Five members of the state House of Representatives to be appointed by the Speaker of the House of Representatives and two members of the state Senate to be appointed by the President of the Senate and three members of the state Senate to be appointed by the President Pro Tem of the Senate.
(c) Members of the committee shall be appointed within 14 days after June 19, 2003 and shall hold their initial organizational meeting within 30 days after June 19, 2003. The committee shall elect a chair from among its members. The members of the committee shall serve without compensation but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties.
(d) The members appointed by the Secretary of State to serve on the first state plan committee will serve until the next gubernatorial inauguration in January of 2007. Thereafter, each member appointed by the Secretary of State shall serve for a term of four years, with each term starting and ending on the date of the state gubernatorial inauguration. A vacancy shall be filled in the same manner as the original appointment.
(e) The committee shall have the power and the duty to advise the Secretary of State on the further development of the state plan, which the Secretary of State must develop and submit to the Election Assistance Commission in accordance with the Help America Vote Act of 2002. The committee shall make recommendations on all aspects of the state plan described in Section 254 of the Help America Vote Act of 2002.
(f) Twelve members of the committee shall constitute a quorum. A vote of a majority of the members of the board is required for the issuance of recommendations in accordance with subsection (e). The committee shall meet as needed to fulfill the requirements of this section.
(Act 2003-313, p. 733, §7; §17-2-2; amended and renumbered by Act 2006-570, p. 1331, §4.)
The Secretary of State, by administrative rule, shall establish procedures for the review of complaints regarding the administration of Title III of the Help America Vote Act of 2002. These procedures shall meet the following requirements:
(1) Any person who believes there has been a violation of Title III may file a complaint.
(2) Any complaint filed shall be in writing and notarized, and signed and sworn by the complaining person.
(3) The Secretary of State may consolidate complaints.
(4) At the request of the complainant, there shall be a hearing on the record.
(5) If it is determined that there has been a violation of Title III, the appropriate remedy shall be provided.
(6) If it is determined that there has not been a violation of Title III, the complaint shall be dismissed, and the results of the procedures shall be published.
(7) After a complaint is filed, a final determination shall be made within 90 days.
(8) If the 90-day deadline is not met, the complaint shall be resolved within 60 days under alternative dispute resolution.
(Act 2003-313, p. 733, §8; §17-25-3; amended and renumbered by Act 2006-570, p. 1331, §4.)
(a) On or before January 1, 2005, each voting system used in an election shall meet the following requirements:
(1) The voting system shall:
a. Permit the voter to verify, in a private and independent manner, the votes selected by the voter on the ballot before the ballot is cast and counted.
b. Provide the voter with the opportunity, in a private and independent manner, to change the ballot or correct any error before the ballot is cast and counted, including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error.
c. If the voter selects votes for more than one candidate for a single office:
Notify the voter that the voter has selected more than one candidate for a single office on the ballot.
Notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office.
Provide the voter with the opportunity to correct the ballot before the ballot is cast and counted.
(2) A voting system may meet the requirements of paragraph c. of subdivision (1) by:
a. Establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office.
b. Providing the voter with instructions on how to correct the ballot before it is cast and counted, including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error.
(3) The voting system shall ensure that any notification required under this section preserves the privacy of the voter and the confidentiality of the ballot.
(b)(1) The voting system shall produce a record with an audit capacity for such system.
(2)a. The voting system shall produce a permanent paper record with a manual audit capacity for such system.
b. The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced.
c. The paper record produced under paragraph a. shall be available as an official record for any recount conducted with respect to any election in which the system is used.
(c) The voting system shall:
(1) Be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.
(2) Satisfy the requirement of subdivision (1) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place.
(d) The voting system shall provide alternative language accessibility pursuant to the requirements of Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a).
(e) The error rate of the voting system in counting ballots, determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter, shall comply with the error rate standards established under Section 3.2.1 of the voting systems standards issued by the Federal Elections Commission which are in effect on June 19, 2003.
(f) The Secretary of State by administrative rule shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the state.
(g) The Secretary of State shall recommend to the Legislature on or before January 1, 2005, a uniform polling system, which includes machine capabilities to count each ballot at the polling place, a uniform ballot, and prepare necessary legislation for implementation.
(h) Purchases of voting equipment made by a county in order to comply with the voting system guidelines established by the Secretary of State and the committee established in Section 17-2-2 shall be approved for reimbursement from the Help America Vote Fund created in Section 17-2-1 by the Secretary of State.
(Act 2003-313, p. 733, §10; §17-25-4; amended and renumbered by Act 2006-570, p. 1331, §4.)
The Secretary of State may promulgate rules for the receipt of applications for registration and the expedient administration of those applications, but no person shall be registered until a majority of the board of registrars has passed favorably upon the person’s qualifications.
(Acts 1920, No. 78, p. 124; Code 1923, §400; Code 1940, T. 17, §53; Code 1975, §17-4-24; Acts 1978, No. 584, p. 667, §30; Act 2003-313, p. 733, §2; §17-4-136; amended and renumbered by Act 2006-570, p. 1331, §7.)
AMENDED BY ACT 2026-580, EFFECTIVE APRIL 16, 2026. SEE ACT FOR REVISED LANGUAGE.
(a)(1) Registration shall be conducted in each county by a board of three reputable and suitable individuals to be appointed, unless otherwise provided by law, by the Governor, Auditor, and Commissioner of Agriculture and Industries, or by a majority of them acting as a state board of appointment. In making appointments on or after October 1, 2025, the state board of appointment shall consider the racial, gender, urban, rural, and economic diversity of the that county.
(2) The registrars shall:
a. Be qualified electors and be residents of the county;
b. Have a high school diploma or equivalent;
c. Possess excellent communication skills evident by reportable experience in areas such as electronic mail, online communications, and use of multi-line telephones;
d. Demonstrate intermediate level experience and proficiency in data processing and use of computer programs used in the current day-to-day workplace, including, but not limited to, web-based operating systems;
e. Demonstrate the ability to download and upload reports and files and conduct spreadsheet manipulation; and
f. Demonstrate the ability to operate office equipment, including printers, copiers, scanners, and cameras.
(3) The Secretary of State shall prescribe guidelines to assist the state board of appointment in determining the qualifications of registrars. The registrars shall not hold an elective office during their term. One of the members shall be designated by the state board of appointment as chair of the board of registrars for each county.
(b) Notwithstanding subsection (a), the Legislature may provide by local law for the appointment of additional members to the board of registrars for a county that has two courthouses.
(c) This section shall not apply in any county having a population of not less than 600,000 inhabitants according to the 1970 or any succeeding federal decennial census, and any currently effective local law or general law of local application providing for the appointment of any member of the board of registrars in the county shall remain in full force and effect and shall not be repealed by operation of this chapter.
(Code 1896, §1561; Code 1907, §300; Acts 1920, No. 78, p. 124; Code 1923, §370; Acts 1932, Ex. Sess., No. 157, p. 177; Code 1940, T. 17, §21; Code 1975, §17-4-40; Acts 1978, No. 584, p. 667, §6; Acts 1992, No. 92-223, p. 551, §1; Act 2003-313, p. 733, §2; §17-4-150; amended and renumbered by Act 2006-570, p. 1331, §7; Act 2025-22, §1.)
The registrars appointed under this article may be removed for cause by the Secretary of State at any time before the end of their term of office, upon submitting written reasons therefor to the registrar removed and to the members of the state board of appointment. If not so removed, the registrar may hold office for four years from the date of appointment and until a successor is appointed.
(Code 1907, §301; Acts 1920, No. 78, p. 124; Code 1923, §371; Code 1940, T. 17, §22; Code 1975, §17-4-41; Acts 1978, No. 584, p. 667, §7; Act 2003-313, p. 733, §2; §17-4-151; amended and renumbered by Act 2006-570, p. 1331, §7.)
If one or more of the persons appointed on such board of registrars shall refuse, neglect, or be unable to qualify to serve, or if a vacancy or vacancies occur in the membership of the board of registrars, from any cause, the Governor, Auditor, and Commissioner of Agriculture and Industries, or a majority of them acting as a state board of appointment, shall make other appointments to fill such vacancies.
(Code 1896, §1571; Code 1907, §302; Acts 1920, No. 78, p. 124; Code 1923, §372; Code 1940, T. 17, §23; Code 1975, §17-4-42; Acts 1978, No. 584, p. 667, §8; §17-4-152; amended and renumbered by Act 2006-570, p. 1331, §7.)
(a) Each registrar shall receive a salary in the amount of one hundred fifteen dollars ($115) per day for each day’s attendance upon business of the board, to be paid by the state and disbursed to the county commissions and disbursed by the county commissions to each registrar on order of a quorum of the board of registrars of the county. The state Comptroller shall issue to each county commission on a monthly basis an amount sufficient to fund these payments plus the employer share of the Social Security or Federal Insurance Corporation Act tax. The county commission shall provide to the Comptroller an invoice itemized to reflect payments made. If a legal holiday falls on a day the board is to be in session and the courthouse of the county is closed for the holiday, the board of registrars shall be compensated for the holiday. Each registrar shall receive a mileage allowance equal to the amount allowed state employees or employees of the county, whichever is greater, for official travel in the course of attending the business of the board, including attending continuing education programs. Travel and other expenses shall be paid by the county commissions to the boards of registrars, and the state shall reimburse the county commissions based on a written request submitted by the county commissions to the Comptroller.
(b) The provisions of this section regarding travel mileage shall not apply in any county having a population of 600,000 or more inhabitants according to the most current federal decennial census, and any currently effective local law or general law of local application regarding travel mileage for registrars in the county shall remain in full force and effect and shall not be repealed by operation of this chapter.
(c) Members of the boards of registrars of this state are declared to be state employees for the purposes of Chapter 28 of Title 36.
(d) Members of the boards of registrars of this state shall be treated as equals with state and county employees in regard to Social Security protection and benefits.
(e) All payments by a county to any member of a county board of registrars, except for mileage or reimbursement for expenses, shall be treated for Social Security purposes equally with payments by that county to county employees of the county.
(f) The state office for Social Security and the state Comptroller and each county commission shall take all necessary action to ensure that members of the boards of registrars of this state are treated as state and county employees in regard to Social Security protection and benefits as provided in Chapter 28 of Title 36, including, if necessary, amending the federal-state agreement referred to in Chapter 28 of Title 36, to implement the intent of the Legislature as expressed herein.
(g) No county commission may reduce the current county supplement upon the effect of this section by implementation of Act 94-693.
(h)(1) A county commission may allow the chair or any member of the county board of registrars who has served at least 16 years in that position to participate in any health insurance program provided by the county upon the same terms, conditions, and employee contributions as required for county employees.
(2) This subsection shall not apply to any health insurance plans administered by the State of Alabama as described in Title 36, Chapter 29 and Title 11, Chapter 91A.
(Code 1896, §1570; Code 1907, §303; Acts 1920, No. 78, p. 124; Code 1923, §373; Acts 1933, Ex. Sess., No. 8, p. 6; Code 1940, T. 17, §24; Acts 1947, No. 531, p. 388; Acts 1951, No. 874, p. 1512; Acts 1973, No. 1206, p. 2029; Code 1975, §17-4-43; Acts 1978, No. 584, p. 667, §9; Acts 1982, No. 82-541, p. 892, §1; Acts 1987, No. 87-577; Acts 1988, No. 88-659, p. 1056, §1; Acts 1993, No. 93-640, p. 1096, §1; Acts 1994, No. 94-693, p. 1333, §1; §17-4-153; amended and renumbered by Act 2006-570, p. 1331, §7; Act 2016-311, p. 76, §1; Act 2025-22, §1.)
Before entering upon the performance of the duties of office, each registrar shall take the same oath as required by the judicial officers of the state, which oath may be administered by any person authorized to administer oaths. The oath shall be in writing, subscribed by the registrar, and filed in the office of the judge of probate of the county. Registrars are judicial officers and shall act judicially in all matters pertaining to the registration of applicants.
(Code 1907, §304; Acts 1920, No. 78, p. 124; Code 1923, §374; Code 1940, T. 17, §25; Code 1975, §17-4-44; Acts 1978, No. 584, p. 667, §10; §17-4-154; amended and renumbered by Act 2006-570, p. 1331, §7.)
The action of a majority of the board of registrars shall be the action of the board, and a majority of the board shall constitute a quorum for the transaction of all business.
(Code 1907, §314; Acts 1920, No. 78, p. 124; Code 1923, §383; Code 1940, T. 17, §34; Code 1975, §17-4-45; Acts 1978, No. 584, p. 667, §20; §17-4-155; amended and renumbered by Act 2006-570, p. 1331, §7.)
(a) Each member of the board of registrars in the Counties of Clay, Cleburne, Coosa, Dallas, Escambia, Geneva, Lowndes, Perry, Sumter, and Wilcox may meet a maximum of 120 working days each fiscal year; each member of the board of registrars in the Counties of Barbour, Butler, Fayette, Greene, Marengo, Pickens, Pike, Randolph, and Winston may meet a maximum of 168 working days each fiscal year, except in Pike County each board of registrars may meet up to an additional 30 session days each fiscal year, at the discretion of the chair of the county commission, and such days shall be paid from the respective county funds; each member of the board of registrars in the Counties of Coffee, Shelby, Talladega, and Tallapoosa may meet a maximum of 220 working days each fiscal year, except that in Talladega County the board of registrars may meet up to an additional 30 session days each fiscal year, at the discretion of the chair of the county commission; each member of the board of registrars in the Counties of Dale, Franklin, Houston, Marion, Marshall, Bullock, Macon, and Tuscaloosa may meet a maximum of 216 working days each fiscal year; and each member of the board of registrars in Russell County may meet a maximum of 177 working days each fiscal year.
(b) In the Counties of Choctaw, Colbert, Cullman, Lauderdale, and Monroe, each member of the board of registrars may meet a maximum of 199 working days each fiscal year.
(c)(1) Each member of the Board of Registrars of Autauga, Elmore, and Bibb Counties may meet a maximum of 187 working days each fiscal year. Each member of the Board of Registrars of Walker County may meet a maximum of 200 days each fiscal year, and each member of the Board of Registrars of Lamar, Cherokee, Clarke, Conecuh, Crenshaw, Hale, and Washington Counties may meet a maximum of 140 days each fiscal year. Each member of the board of registrars in the following counties may meet the following maximum number of working days each fiscal year: Henry - 140 working days; Covington - 188 working days; DeKalb, Jackson, and Blount - 207 working days; Chambers - 180 working days; and Lawrence - 200 working days.
(2) Notwithstanding Section 17-3-5, the 60 additional working days for registrars in Lawrence County added by Act 2023-456 shall be paid by the county commission and shall not be reimbursed by the state.
(d) Each member of the board of registrars in the Counties of Baldwin, Calhoun, Chilton, Etowah, Limestone, Lee, Madison, Mobile, Montgomery, St. Clair, and Morgan are authorized to meet not more than five days each week for the purpose of carrying out their official duties. Jefferson County, which is now operating under the provisions of local laws, shall be exempted from this section. Provided, however, that where the term “each year” is used in the local laws, the term means each fiscal year.
(e) The actual number of working days to be used as session days shall be determined by a quorum of the board of registrars according to the needs of the county.
(f) As many as 25 of the allotted working days may be used for special registration sessions (i.e., those sessions held away from the courthouse in the several precincts of the county or sessions held on Saturday or between the hours of 5:00 p.m. and 9:00 p.m.). Notice of any special session scheduled by the board shall be given at least 10 days prior to the special session by: (i) bills posted at three or more public places in each election precinct affected, if the session involves precinct visits; and (ii) advertisement once a week for two successive weeks in a newspaper published in the county or by radio or television announcements on a local station, or both by newspaper or announcement.
(g) On any day designated as a working day for a board of registrars, the board of registrars shall do both of the following:
(1) Be open the same hours as the courthouse of the county, or alternatively, establish regular hours and make those hours available to the public.
(2) Have a registrar or staff member present during those hours of operation.
(Acts 1978, No. 584, p. 667, §11; Acts 1978, 2nd Ex. Sess., No. 23, p. 1701; Acts 1984, 1st Ex. Sess., No. 84-785, p. 168; Acts 1984, 1st Ex. Sess., No. 84-800, p. 215; Acts 1985, No. 85-527, p. 635; Acts 1985, No. 85-533, p. 642; Acts 1985, No. 85-591, p. 919, §1; Acts 1986, No. 86-495, p. 938, §1; Acts 1988, 2nd Ex. Sess., No. 88-985, p. 711; Acts 1990, No. 90-640, p. 1195; Acts 1994, No. 94-248, p. 462, §1; Acts 1994, No. 94-249, p. 463, §1; Acts 1994, No. 94-530, p. 963, §1; Acts 1994, No. 94-560, p. 1030, §1; Acts 1996, No. 96-747, p. 1316, §1; Act 2002-454, p. 1168, §1; §17-4-156; amended and renumbered by Act 2006-570, p. 1331, §7; Act 2010-275, p. 497, §1; Act 2010-279, p. 504, §1; Act 2010-736, p. 1854, §1; Act 2015-522, 1st Sp. Sess., p. 1864, §1; Act 2019-439, §1; Act 2020-113, §1; Act 2021-243, §1; Act 2022-112, §1; Act 2023-274, §1; Act 2023-275, §1; Act 2023-449, §1; Act 2023-456, §1, 2; Act 2025-22, §1.)
Upon receiving the written consent and approval of the county commission and consistent with the annual maximum number of working days authorized under Section 17-3-8, a quorum of a board of registrars of a county may reallocate unused working days from one registrar due to absence to another registrar of that board in order to accomplish the public business of the board. Written consent by the county commission must be granted for each pay period during which a registrar submits a request to use another registrar’s working days.
(Act 2022-131, §1.)
Where there are two or more courthouses in any county, the board of registrars shall divide the time as appropriate between the courthouses for the purpose of holding regular sessions for registering voters and shall give notice accordingly.
(Code 1907, §310; Acts 1920, No. 78, p. 124; Code 1923, §379; Code 1940, T. 17, §30; Code 1975, §17-4-6; Acts 1978, No. 584, p. 667, §16; §17-4-157; amended and renumbered by Act 2006-570, p. 1331, §7.)
All county governing bodies are authorized and directed to expend county funds for supplies, equipment, telephone service, office space, and clerical help as may be necessary to carry out the purposes and provisions of this chapter. Any clerical personnel who work under the direction of the board of registrars shall be selected by the board of registrars, and the compensation shall be set by the county governing body.
(Acts 1965, No. 829, p. 1557; Code 1975, §17-4-48; Acts 1978, No. 584, p. 667, §12; §17-4-159; amended and renumbered by Act 2006-570, p. 1331, §7.)
(a) The board of registrars in each county shall visit each college or university, whether public or private, having an enrollment of 500 or more, which is located therein, at least once during the school year for the purpose of registering voters, and shall remain there for one full working day, weekends and holidays excepted. They shall give at least 12 days’ notice of the time and place where they will attend to register applicants for registration, by bills posted at three or more public places and by advertisement once a week for three consecutive weeks in a campus newspaper, if there is one published on the campus. Each college or university receiving state funds that is affected by the provisions of this section shall provide space and accommodations for the board of registrars on their campus.
(b) Each member of the board of registrars shall be entitled to receive their usual salary and per diem for attending the meetings of the board of registrars provided for in this section.
(Acts 1977, No. 769, p. 1327, §§1, 2, 3, 5; Code 1975, §17-4-49; §17-4-160; amended and renumbered by Act 2006-570, p. 1331, §7.)
Each member of the board of registrars shall receive sixty dollars ($60) per day, for each day’s attendance upon the special sessions of the board required under this article; but if such special session is held on the same day a regular session is required to be held under the laws of this state, registrars shall receive only one per diem allowed for performing their regular duties, it being the intent and purpose of this article that registrars shall be entitled to receive only one per diem allowance for one day’s service.
(Acts 1984, No. 84-389, p. 896, §9; Acts 1988, No. 88-659, p. 1056, §1; §17-4-188; amended and renumbered by Act 2006-570, p. 1331, §7.)
(a) A county commission, upon the adoption of a resolution, may increase the per diem compensation paid to each member of the county board of registrars without the necessity of enacting a local law of authorization, provided that no state funds shall be used for such additional compensation.
(b) As an alternate to subsection (a), beginning October 1, 2006, each member of the county board of registrars may receive the same cost-of-living increases in compensation that are granted to county employees by a county commission at the time of the adoption of the county budget. The increases shall be in the same amount or percentage, as the case may be, as that amount or percentage increase provided to county employees. Notwithstanding the foregoing, any percentage increases shall be calculated based upon the salary or compensation provided under general law and shall not include any current or future local supplements granted to a member of the county board of registrars by local law. Any increases granted pursuant to this section shall be terminated upon the appointment of a new member, who shall be entitled to increases to his or her base salary or compensation commencing on the October 1 immediately following his or her appointment.
(c) A supplement under this section can only occur one time after which legislative approval must be obtained.
(Act 2006-597, p. 1634, §§1-3; §17-4-153.1.)
Any person possessing the qualifications of an elector set out in Article 8 of the Constitution of Alabama of 1901, as modified by federal law, and not laboring under any disqualification listed therein, shall be an elector, and shall be entitled to register and to vote at any election by the people.
(Code 1876, §224; Code 1886, §319; Code 1896, §1556; Code 1907, §290; Acts 1920, No. 5, p. 4; Code 1923, §361; Code 1940, T. 17, §12; Acts 1953, No. 330, p. 385; Code 1975, §17-3-1; Acts 1978, No. 584, p. 667, §1; §17-3-9; amended and renumbered by Act 2006-570, p. 1331, §9.)
(a) This section shall be known and may be cited as the Felony Voter Disqualification Act.
(b)(1) The Legislature finds and declares both of the following:
a. That Section 177 of the Constitution of Alabama of 2022, provides that Alabama citizens shall lose the right to vote when convicted of a crime only if the conviction was for a felony involving moral turpitude.
b. That under general law, there is no comprehensive list of felonies that involve moral turpitude that disqualify an individual from exercising his or her right to vote. Neither individuals with felony convictions nor election officials have a comprehensive, authoritative source for determining if a felony conviction involves moral turpitude and is therefore a disqualifying felony.
(2) The purposes of this section are all of the following:
a. To give full effect to Section 177 of the Constitution of Alabama of 2022.
b. To ensure that no individual is wrongly excluded from the electoral franchise.
c. To provide a comprehensive list of acts that constitute moral turpitude for the limited purpose of disqualifying an individual from exercising his or her right to vote.
(c) For purposes of Section 177 of the Constitution of Alabama of 2022, an individual is disqualified to vote by reason of conviction of a felony involving moral turpitude only when convicted of any of the following offenses in a degree constituting a felony:
(1) Capital Murder as defined in Section 13A-5-40.
(2) Murder as defined in Section 13A-6-2.
(3) Manslaughter as defined in Section 13A-6-3.
(4) Assault as defined in Section 13A-6-20, except for subdivision (5) of subsection (a) of Section 13A-6-20, and Section 13A-6-21.
(5) Compelling streetgang membership as defined in subsection 13A-6-26(d).
(6) Aggravated stalking as defined in 13A-6-91.
(7) Domestic violence in the first degree as defined in Section 13A-6-130.
(8) Domestic violence in the second degree as defined in Section 13A-6-131.
(9) Domestic violence by strangulation or suffocation as defined in Section 13A-6-138.
(10) Elder abuse as defined in subsection 38-9-7(b).
(11) Kidnapping in the first degree as defined in Section 13A-6-43.
(12) Kidnapping in the second degree as defined in Section 13A-6-44.
(13) Rape as defined in Sections 13A-6-61 and 13A-6-62.
(14) Sodomy as defined in Sections 13A-6-63 and 13A-6-64.
(15) Sexual torture as defined in Section 13A-6-65.1.
(16) Sexual abuse as defined in Sections 13A-6-66, 13A-6-67, and 13A-6-69.1.
(17) Enticing a child to enter a vehicle for immoral purposes as defined in Section 13A-6-69.
(18) Facilitating solicitation of unlawful sexual conduct with a child as defined in Section 13A-6-121.
(19) Electronic solicitation of a child as defined in Section 13A-6-122.
(20) Facilitating the on-line solicitation of a child as defined in Section 13A-6-123.
(21) Traveling to meet a child for an unlawful sex act as defined in Section 13A-6-124.
(22) Facilitating the travel of a child for an unlawful sex act as defined in Section 13A-6-125.
(23) Human trafficking as defined in Sections 13A-6-152 and 13A-6-153.
(24) Terrorism as defined in Section 13A-10-152.
(25) Soliciting or providing support for an act of terrorism as defined in Section 13A-10-153.
(26) Hindering prosecution of terrorism as defined in Section 13A-10-154.
(27) Endangering the water supply as defined in Section 13A-10-171.
(28) Possession, manufacture, transport, or distribution of a destructive device or bacteriological or biological weapon as defined in Section 13A-10-193.
(29) Selling, furnishing, giving away, delivering, or distribution of a destructive device, a bacteriological weapon, or biological weapon to a person who is less than 21 years of age as defined in Section 13A-10-194.
(30) Possession, manufacture, transport, or distribution of a detonator, explosive, poison, or hoax device as defined in Section 13A-10-195.
(31) Possession or distribution of a hoax device represented as a destructive device or weapon as defined in subsection (c) of Section 13A-10-196.
(32) Attempt to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-197.
(33) Conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-198.
(34) Hindrance or obstruction during detection, disarming, or destruction of a destructive device or weapon as defined in Section 13A-10-199.
(35) Possession or distribution of a destructive device or weapon intended to cause injury or destruction as defined in Section 13A-10-200.
(36) Treason as defined in Section 13A-11-2.
(37) Dissemination or public display of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-191.
(38) Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-192.
(39) Parents or guardians permitting children to engage in production of obscene matter as defined in Section 13A-12-196.
(40) Production of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-197.
(41) Distribution, possession with intent to distribute, production of obscene material, or offer or agreement to distribute or produce, as defined in Section 13A-12-200.2.
(42) Trafficking in cannabis, cocaine, or other illegal drugs or trafficking in amphetamine and methamphetamine as defined in Section 13A-12-231.
(43) Bigamy as defined in Section 13A-13-1.
(44) Incest as defined in Section 13A-13-3.
(45) Torture or other willful maltreatment of a child under 18 years of age as defined in Section 26-15-3.
(46) Aggravated child abuse as defined in Section 26-15-3.1.
(47) Prohibited acts in the offer, sale, or purchase of securities as defined in Section 8-6-17.
(48) Burglary as defined in Sections 13A-7-5 and 13A-7-6.
(49) Aggravated theft by deception as defined in Section 13A-8-2.1.
(50) Theft of property as defined in Sections 13A-8-3 and 13A-8-4.
(51) Theft of lost property as defined in Sections 13A-8-7 and 13A-8-8.
(52) Theft of trademarks or trade secrets as defined in Section 13A-8-10.4.
(53) Robbery as defined in Sections 13A-8-41, 13A-8-42, and 13A-8-43.
(54) Forgery as defined in Sections 13A-9-2 and 13A-9-3.
(55) Any felony committed against an election official pursuant to Section 13A-5-14.
(56) Any crime as defined by the laws of the United States or by the laws of another state, territory, country, or other jurisdiction, which, if committed in this state, would constitute one of the offenses listed in this subsection.
(d) Any attempt as defined in Section 13A-4-2, conspiracy as defined in Sections 13A-4-3 and 13A-4-4, or solicitation as defined in Section 13A-4-1 to commit a crime of moral turpitude shall be considered a crime of moral turpitude for purposes of this section.
(e) Nothing in this section shall be interpreted as determining moral turpitude for any purpose other than disqualifying an individual from exercising his or her right to vote.
(f) The felonies involving moral turpitude listed in subsection (c) are the only felonies for which an individual, upon conviction, may be disqualified from voting.
(Act 2017-378, p. 1204, §1; Act 2019-513, §2; Act 2024-341, §2.)
Any person who is disqualified by reason of conviction of any of the offenses mentioned in Article VIII of the Constitution of Alabama of 1901, except treason and impeachment, whether the conviction was had in a state or federal court, and who has been pardoned, may be restored to citizenship with the right to vote by the State Board of Pardons and Paroles when specifically expressed in the pardon. If otherwise qualified, such person shall be permitted to register or reregister as an elector upon submission of a copy of the pardon document to the board of registrars of the county of his or her residence. In addition, any person who has been granted a Certificate of Eligibility to Register to Vote by the Board of Pardons and Paroles pursuant to Section 15-22-36.1, shall be permitted to register or reregister as an elector upon submission of a copy of the certificate to the board of registrars of the county of his or her residence.
Code 1907, §294; Acts 1920, No. 5, p. 4; Code 1923, §365; Acts 1939, No. 275, p. 426; Code 1940, T. 17, §16; Code 1975, §17-3-5; Acts 1978, No. 584, p. 667, §2; Act 2003-415, p. 1205, §3; §17-3-10; amended and renumbered by Act 2006-570, p. 1331, §9.)
No person shall lose or acquire a domicile either by temporary absence from his or her domicile without the intention of remaining or by navigating any of the waters of this state, the United States, or the high seas, without having acquired any other lawful domicile, or by being absent from his or her domicile in the civil or military service of the state or the United States.
(Code 1876, §226; Code 1886, §321; Code 1896, §1558; Code 1907, §295; Acts 1920, No. 5, p. 4; Code 1940, T. 17, §17; Code 1975, §17-3-6; Acts 1978, No. 584, p. 667, §3; §17-3-11; amended and renumbered by Act 2006-570, p. 1331, §9.)
When the dwelling of any person is located partly in two or more counties, districts, or precincts, such persons may select the county, district, or precinct of their domicile, and to that end may file a statement in writing in the office of the judge of probate of the county selected, setting forth the locality of their dwelling and the lines passing through the same, together with the county, district, or precinct selected for domicile, which statement, when filed and recorded, shall establish the domicile of the person filing it in the county, district, or precinct of their selection.
(Code 1896, §1559; Code 1907, §296; Acts 1920, No. 5, p. 4; Code 1923, §367; Code 1940, T. 17, §18; Code 1975, §17-3-7; Acts 1978, No. 584, p. 667, §4; §17-3-12; amended and renumbered by Act 2006-570, p. 1331, §9.)
Any person who lives on a line between counties, districts, or precincts, and shall have fixed his or her citizenship according to law and that may be hereafter provided in such cases, shall be construed a citizen and elector of the county, district, or precinct in which he or she so fixes his or her citizenship, for all the purposes of this title.
(Code 1907, §297; Acts 1920, No. 5, p. 4; Code 1923, §368; Code 1940, T. 17, §19; Code 1975, §17-3-8; Acts 1978, No. 584, p. 667, §5; §17-3-13; amended and renumbered by Act 2006-570, p. 1331, §9.)
The boards of registrars in the several counties of the state shall not register any person as a qualified elector within 14 days prior to any election; provided, that the boards shall maintain open offices during business days in such 14-day period and on election day during the hours of voting.
(Acts 1950, 4th Ex. Sess., No. 6, p. 45; Code 1975, §17-4-4; Acts 1978, No. 584, p. 667, §14; §17-4-120; amended and renumbered by Act 2006-570, p. 1331, §11; Act 2014-428, p. 1576, §1.)
The registrars shall issue to each person registered a certificate of registration. When voting precinct boundaries and voting locations are changed, new certificates of registration shall be issued before the date of the election on which the changes are to take effect.
(Code 1896, §1565; Code 1907, §§307, 321; Acts 1920, No. 78, p. 124; Code 1923, §§378, 390; Acts 1939, No. 112, p. 144; Code 1940, T. 17, §§29, 42; Code 1975, §17-4-23; Acts 1978, No. 584, p. 667, §15; §17-4-121; amended and renumbered by Act 2006-570, p. 1331, §11.)
The board of registrars shall have power to examine, under oath or affirmation, all applicants for registration, and to take testimony touching the qualifications of such applicants, but no applicant shall be required to answer any question, written or oral, not related to his or her qualifications to register. In order to aid the registrars to judicially determine if applicants to register have the qualifications to register to vote, each applicant shall be furnished by the board a written application, which shall be uniform in all cases with no discrimination as between applicants, the form and contents of which application shall be promulgated by rule by the Secretary of State of the State of Alabama. The application shall be so worded that there will be placed before the registrars information necessary or proper to aid them to pass upon the qualifications of each applicant. The application shall be completed in writing. There shall be incorporated in such application an oath to support and defend the Constitution of the United States and the Constitution of the State of Alabama of 1901 and a statement in such oath by the applicant disavowing belief in or affiliation with any group or party which advocates the overthrow of the government of the United States or the State of Alabama by unlawful means. The application and oath shall be duly signed by the applicant. If the applicant is unable to read or write, then the applicant shall be exempt from the above stated requirements which the applicant is unable to meet and in such cases a witness shall read to the applicant the application and oath herein provided for and the applicant’s answers thereto shall be written down by the witness, and the applicant shall be registered as a voter if he or she meets all other requirements herein set out. Each member of the board is authorized to administer the oaths to be taken by applicants and witnesses. Except as provided in Section 17-3-53, the applications of persons applying for registration shall not become public records as public records are defined under the laws of the State of Alabama, nor shall the board disclose the information contained in such applications and written answers, except with the written consent of the person who filed the answer or pursuant to the order of a court of competent jurisdiction in a proper proceeding.
(Code 1907, §311; Acts 1920, No. 78, p. 124; Code 1923, §380; Code 1940, T. 17, §31; Acts 1953, No. 754, p. 1016, §1; Acts 1959, 1st Ex. Sess., No. 54, p. 98; Acts 1961, Ex. Sess., No. 320, p. 2380, §§9, 10; Acts 1965, 1st Ex. Sess., No. 288, p. 396, §1; Code 1975, §17-4-7; Acts 1978, No. 584, p. 667, §17; Acts 1985, 2nd Ex. Sess., No. 85-929, p. 228; §17-4-122; amended and renumbered by Act 2006-570, p. 1331, §11.)
Political parties, as defined in Section 17-13-40, may obtain all voter registration information, except for voters’ Social Security numbers and month and day of birth, in the possession of boards of registrars or judges of probate concerning registered voters in their jurisdictions and to access statewide voter registration information pursuant to Section 17-4-33. The boards of registrars or judges of probate may collect the actual cost, if any, of providing the information. Nothing herein shall prohibit acts pertaining to individual counties which further provide for the availability of such voter information.
(Act 2006-570, p. 1331, §12.)
Any person making application to the board of registrars for registration who fails to establish by evidence to the reasonable satisfaction of the board of registrars that he or she is qualified to register, may be refused registration. The board shall give written notice to each applicant deemed unqualified, within 10 days of its refusal to register, stating the specific reason for such refusal.
(Code 1907, §313; Acts 1920, No. 78, p. 124; Code 1923, §382; Code 1940, T. 17, §33; Code 1975, §17-4-10; Acts 1978, No. 584, p. 667, §18; §17-4-123; amended and renumbered by Act 2006-570, p. 1331, §13.)
Any person to whom registration is denied shall have the right of appeal, without giving security for costs, within 30 days after such denial, by filing a petition in the probate court in the county in which he or she seeks to register, alleging that he or she is a citizen of the United States over the age of 18 years having the qualifications as to residence prescribed by law and entitled to register to vote under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of the petition, the clerk of the probate court shall give notice thereof to the district attorney authorized to represent the state in the county, who shall appear and defend against the petition on behalf of the state. The registrars shall not be made parties and shall not be liable for costs. An appeal will lie to the circuit court in favor of the petitioner if taken within 30 days from the date of the judgment pursuant to Section 12-22-20. The issues shall be tried in the same manner and under the same rules that other cases are tried in such court and by a jury, if the petitioner demands it. Final judgment in favor of the petitioner shall entitle him or her to registration as of the date of his or her application to the registrars. An appeal from the circuit court will lie to the Alabama Supreme Court.
(Code 1907, §315; Acts 1920, No. 78, p. 124; Code 1923, §384; Code 1940, T. 17, §35; Acts 1953, No. 754, p. 1016, §3; Code 1975, §17-4-11; Acts 1978, No. 584, p. 667, §19; §17-4-124; amended and renumbered by Act 2006-570, p. 1331, §13.)
No person heretofore registered and no person hereafter registered shall again be required to register unless he or she has changed the county of his or her domicile, or was convicted of a disqualifying criminal offense and was subsequently pardoned with restoration of the right to vote expressed in the pardon, or was declared incompetent, but has subsequently had those disabilities removed.
(Code 1907, §316; Acts 1920, No. 78, p. 124; Code 1923, §385; Code 1940, T. 17, §36; Code 1975, §17-4-12; Acts 1978, No. 584, p. 667, §21; §17-4-125; amended and renumbered by Act 2006-570, p. 1331, §13.)
The Secretary of State shall furnish to each board of registrars the necessary forms and supplies for effectuating the purposes of this chapter, and the expense incurred thereby shall be paid by the state. The cost of the publication of the notices required to be given by the registrars shall be paid by the state. The bills shall be rendered to the Department of Finance and approved by the Department of Finance. The several counties shall pay all other reasonable and necessary expenses incurred by the boards in carrying out the provisions of this chapter.
(Code 1896, §1568; Code 1907, §317; Acts 1920, No. 78, p. 124; Code 1923, §386; Code 1940, T. 17, §37; Code 1975, §17-4-13; Acts 1978, No. 584, p. 667, §22; §17-4-126; amended and renumbered by Act 2006-570, p. 1331, §13.)
Every qualified elector of the State of Alabama whose domicile is in territory which has been detached from one county and added to an adjoining county of the State of Alabama shall be entitled to have his or her name added to the list of the qualified electors of the county to which the territory that contains his or her domicile has been added.
(Acts 1932, Ex. Sess., No. 172, p. 199; Code 1940, T. 17, §39; Code 1975, §17-4-19; Acts 1978, No. 584, p. 667, §24; §17-4-128; amended and renumbered by Act 2006-570, p. 1331, §13.)
The following persons shall be entitled to register to vote by mail if they possess the qualifications of an elector and are not disqualified from voting under the Constitution and laws of Alabama: Members of the Armed Forces of the United States, persons employed outside the United States, persons absent because of attendance at institutions of higher learning and the spouses and children of such persons. Such persons shall be entitled to register by mail only in the counties where they were residents prior to entering the status which makes them eligible for such registration.
An application for absentee registration shall be in writing and shall be filed with the board of registrars of the county in which the elector resides. The board shall furnish the applicant a written application in the same form as that provided other applicants and any additional application deemed necessary to determine eligibility to register, which application shall be answered by the applicant without assistance and shall be verified before a commissioned officer of the Armed Forces of the United States or any person authorized to administer oaths and take affidavits. Such application shall be filed with the records of the board. The board may take other testimony respecting the applicant and the truthfulness of any information furnished by the applicant. Any additional testimony so taken shall be reduced to writing and shall be sworn to by the witness before a member or clerk of the board or anyone authorized to administer oaths.
(Acts 1969, No. 604, p. 1092, §§1, 2; Acts 1971, No. 2426, p. 3868, §§1, 2; Code 1975, §§17-4-80, 17-4-81, 17-4-100, 17-4-101; Acts 1978, No. 584, p. 667, §32; §17-4-134; amended and renumbered by Act 2006-570, p. 1331, §13.)
The judge of probate may employ such assistants and clerical help as may be necessary to complete and properly prepare reports from the state voter registration list of the list of qualified electors which the judge of probate is required to furnish a certified copy to the election inspectors. The judge of probate shall receive or such assistants shall be paid out of the county treasury by warrants, drawn by the county commission on certificate of the judge of probate, accompanied by the certificates of the person being paid, showing the amount due under the provisions of this chapter, but the entire amount spent for the preparation of such lists shall not exceed a sum equal to the amount obtained by multiplying the number of names on the list by five cents ($.05) for the preparation of such list. The judge of probate in all counties having a population of not less than 100,000 nor more than 350,000, according to the last or any subsequent federal census, shall employ a clerk to assist the board of registrars of the county. The duties of the clerk shall be to submit to the board of registrars revised election lists of the county by placing all persons in their proper ward or precincts and eliminating therefrom all deceased, nonresident, and fictitious persons named upon the voting roll and those convicted of crime. The clerk shall further attend to all clerical work of the board of registrars. The clerk shall be paid a compensation out of the county treasury, of not more than two hundred fifty dollars ($250) per month, to be fixed by the judge of probate.
The board of registrars shall be furnished with office space by the county governing body. The chair of the board of registrars is hereby authorized to purchase all necessary office equipment and hire all necessary part time or full time clerical help to perform its prescribed duties.
(Acts 1920, No. 78, p. 124; Code 1923, §402; Acts 1927, No. 289, p. 274; Acts 1931, No. 251, p. 293; Code 1940, T. 17, §55; Acts 1951, No. 385, p. 677; Acts 1959, 2nd Ex. Sess., No. 54, p. 220; Code 1975, §17-4-25; Acts 1979, No. 79-465, p. 847; Acts 1981, No. 81-640, p. 1057; Act 2003-313, p. 733, §2; §17-4-138; amended and renumbered by Act 2006-570, p. 1331, §13.)
The judge of probate shall publish from the state voter registration list a correct alphabetical list of qualified electors either by county, precinct, district, or subdivision wherein each elector is registered to vote, in some newspaper with general circulation in the county, on or before the twentieth day preceding the regularly scheduled primary election. The list shall be accompanied by a printed certification generated by the state voter registration system verifying that the list contains the names of all qualified electors registered as of the specified time and date when it was printed. The list shall further state that any elector whose name was inadvertently omitted from the list shall have 10 days in which to have his or her name entered upon the list of qualified voters. If within 10 days any voter shall reasonably satisfy the board of registrars by proper proof that any name should be added to the list, the board shall add such name to the list. The supplemental list of registered voters inadvertently omitted from the original list shall be published once in a newspaper of general circulation in the county on or before the seventh day preceding the date of the primary election. The lists required to be published pursuant to this section may be published, at the discretion of the county commission, as a preprinted or inserted advertising supplement at a cost no greater than the selected newspaper’s lowest applicable national insertion rates. If the list is published as a preprinted supplement in the selected newspaper, the supplement size shall conform to the size requirements set by the selected newspaper and shall be printed on standard newsprint paper. The type size shall be no smaller than nine point standard type. The list shall also be delivered to the newspaper for insertion in a manner required for other advertising supplements. The supplement may not contain any other advertising. Any newspaper accepting a preprinted insertion that is not prepared by the newspaper shall not be responsible for the content of such insertion. Nothing in this section shall prohibit a county commission from publishing the list of voters in more than one newspaper within the county at the county commission’s discretion.
(Acts 1920, No. 78, p. 124; Code 1923, §387; Acts 1927, No. 289, p. 274; Code 1940, T. 17, §38; Acts 1947, No. 482, p. 331, §1; Code 1975, §17-4-14; Acts 1978, No. 380, p. 343; Acts 1978, No. 584, p. 667, §25; Acts 1978, 2nd Ex. Sess., No. 5, p. 1601; Act 2003-313, p. 733, §2; Act 2006-537, p. 1238, §1; §17-4-129; amended and renumbered by Act 2006-570, p. 1331, §16.)
The board of registrars, when registration is closed before a primary, general, or special election, shall certify to the Secretary of State any additions, deletions, corrections, or changes to the state voter registration list. Except as provided in Section 17-4-2.1, after registration has closed and within the 10-day period before an election, the judge of probate and municipal election officials shall prepare and print a report from the state voter registration list of the correct alphabetical lists of the qualified electors registered by precincts, districts, or subdivisions of a precinct where the precinct has been divided or subdivided, if not within a city or incorporated town, and by wards and other subdivisions, if within a city or incorporated town, and no others. An electronic archive in the database for the state voter registration list shall be recorded simultaneously with the printing of each county’s list of qualified voters. Each printed list of qualified voters shall contain a printed certification generated by the state voter registration system establishing that the contents of the list are true and correct as of the specified time and date when it was printed. The judge of probate shall deliver or cause to be delivered to the inspectors in each precinct, each district, each ward, or each other subdivision one copy of the list of qualified electors printed for such box or voting place immediately preceding every general, primary, or special election, and the delivered list shall contain only the names of persons qualified to vote at such box or voting place; except, that for purposes of information only, there may be delivered to the inspectors lists prepared for other boxes or voting places. The list published in the newspaper before each primary election shall not be used as the poll list.
Notwithstanding the foregoing, electronic access to the state voter registration list may be utilized in lieu of a printed list in accordance with administrative rules promulgated and implemented by the Secretary of State. The Secretary of State shall send any proposed new rule or amendment to an existing rule by certified mail to each county canvassing board at least 30 days prior to certification of the proposed rule or amendment pursuant to the Administrative Procedure Act.
Both the board of registrars and the judge of probate shall keep a current copy of the qualified elector list for the county open and subject to public inspection.
(Code 1896, §1567; Code 1907, §319; Acts 1920, No. 78, p. 124; Code 1923, §388; Code 1940, T. 17, §40; Acts 1947, No. 482, p. 331, §3; Code 1975, §17-4-15; Acts 1978, No. 584, p. 667, §26; Act 2003-313, p. 733, §2; §17-4-130; amended and renumbered by Act 2006-570, p. 1331, §16; Act 2014-428, p. 1576, §1; Act 2016-317, §1.)
(a) The Secretary of State may allow the use of electronic poll books in lieu of the printed lists of qualified voters provided for in Section 17-4-2 and the poll lists provided for in Sections 17-9-11 and 17-13-7. A county, with consent of the county commission and judge of probate, may use electronic poll books in lieu of the printed lists of qualified voters. In addition, the Secretary of State and municipal governing bodies may allow the use of electronic poll books in lieu of the printed lists of qualified voters provided for in Section 11-46-36 or any local law governing a municipal election.
(b) A participating county or municipality may adopt the use of any electronic poll book that has been certified by the Secretary of State for use in this state.
(c) To be certified for use by the Secretary of State, an electronic poll book shall do all of the following:
(1) Be secure.
(2) Be compatible with the statewide voter registration system.
(3) Include a failsafe data recovery procedure for information included in the electronic poll book.
(4) Contain the same information as the printed lists provided for in Section 11-46-36 and any local law governing a municipal election and in Section 17-4-2 and the poll lists provided for in Section 11-46-50 and any local law governing a municipal election and in Sections 17-9-11 and 17-13-7.
(5) Indicate whether the voter applied for an absentee ballot and the registration status of the voter in the statewide voter registration list.
(6) Provide an electronic process to check in a voter on election day that incorporates the signature requirements set forth in Section 11-46-50 and any local law governing a municipal election and in Section 17-9-11; provided that this process may not be used for checking in a voter who is required to cast a provisional ballot as provided for in Chapter 10 of this title, or whose name is not contained in the electronic poll book as an eligible voter for the precinct.
(7) Provide functionality for quickly and accurately uploading voter history into the statewide voter registration list in accordance with Section 17-4-33.
(8) Provide for the retention of the voter data contained in the electronic poll book for the applicable retention period applicable to the records of election, which may be accomplished by archiving the data in electronic format on an external data storage device.
(9) When used in a primary election or primary runoff election, provide for the recording and subsequent printing or exporting of electronic data of names and electronic signatures of the voters participating in the primary election or primary runoff election of each political party.
(10) Comply with additional requirements as determined to be necessary and promulgated by the Secretary of State by rule pursuant to the Administrative Procedure Act.
(d) Electronic poll books may not be populated with data for eligible voters until the 10-day period immediately prior to an election in accordance with Section 17-4-2.
(e) The Secretary of State shall develop and provide to each participating county and municipality instructions, directives, and advisories regarding the examination, testing, and use of the electronic poll books.
(f) All expenses and costs incurred by a county commission in carrying out this section may be paid from funds made available to the Secretary of State under state and federal law to pay all such expenses and costs in all participating counties, from county general funds, or from municipal general funds.
(g) The Secretary of State may promulgate rules pursuant to the Administrative Procedure Act to implement the provisions of this section.
(Act 2016-317, §2; Act 2017-340, §1.)
(a) Each county board of registrars shall purge the computerized statewide voter registration list on a continuous basis, whenever it receives and confirms information that a person registered to vote in that county has died, become a nonresident of the state or county, been declared mentally incompetent, been convicted of any offense designated pursuant to Section 17-3-30.1 as a felony involving moral turpitude for the purposes of Article VIII of the Constitution of Alabama of 1901 since being registered, or otherwise become disqualified as an elector. Except as provided below, a person convicted of a disqualifying criminal offense shall be notified by certified mail sent to the voter’s last known address of the board’s intention to strike his or her name from the list. No person convicted of a disqualifying crime may be stricken from the poll list while an appeal from the conviction is pending.
(b) On the date set in the notice, or at a later date to which the case may have been continued by the board, the board shall proceed to consider the case of the elector whose name it proposes to strike from the registration list and make its determination. Any person whose name is stricken from the list may appeal from the decision of the board without giving security for costs, and the board shall forthwith certify the proceedings to the judge of probate who shall docket the case in the probate court.
(c) An appeal from the judge of probate shall be as appeals set forth in Section 17-3-55.
(d) In the event the Board of Pardons and Paroles is supervising a person convicted of a disqualifying criminal offense on probation or parole, and the person has received face-to-face counseling from the supervising officer regarding voter disqualification and executed documentation explaining the loss and restoration of civil and political rights, upon receipt of the documentation, signed by the disqualified elector, the county board of registrars shall be exempt from providing notice as otherwise required by this section. The document administered by the Board of Pardons and Paroles and to be signed by the disqualified elector shall contain the following statement: “Any person convicted of a disqualifying felony loses his or her civil and political rights, which includes the right to vote. Restoration of these rights may be applied for through the Central Montgomery Office of the Board of Pardons and Paroles, but only upon completion of the requirements of Section 15-22-36.1.”
(e) The Board of Pardons and Paroles shall provide signed documentation to county boards of registrars to indicate those persons under probation or parole supervision with the board who have been convicted of a disqualifying criminal offense and been counseled regarding voter disqualification and the restoration of civil and political rights, and may otherwise share privileged records and files with county boards of registrars for the limited purpose of implementing the requirements of this section.
(f) When the board has sufficient evidence furnished it that any elector has permanently moved from one precinct to another within the county, it shall change the elector’s precinct designation in the voter registration list, and shall give notice by mail to the elector of the precinct in which the elector is registered to vote.
(g) The Secretary of State and the Board of Pardons and Paroles may promulgate rules in accordance with the Alabama Administrative Procedure Act as necessary to implement this section.
(Acts 1984, No. 84-389, p. 896, §1; §17-4-180; amended and renumbered by Act 2006-570, p. 1331, §16; Act 2017-378, §2.)
(a) In addition to all other duties now required by law, the Office of Vital Statistics of the State Department of Public Health shall furnish to the board of registrars of the county in which such district is located, once each month, a report of the death of all persons over 18 years of age who resided in such registration district.
(b) In addition to all other duties now required by law, the judges of probate of the several counties of this state shall furnish to the board of registrars of their respective counties, once each month, a list of all residents of the county, 18 years of age or over, who have been declared mentally incompetent.
(c) In addition to all other duties required by law, the clerks of the circuit and district courts of this state shall furnish to the board of registrars of each county, once each month, a list of all residents of that county who have been convicted of any offense designated pursuant to Section 17-3-30.1 as a felony involving moral turpitude for the purposes of Article VIII of the Constitution of Alabama of 1901. Any person who willfully fails to perform such duties shall forfeit the sum of one hundred dollars ($100) for each such failure. Such sum may be recovered in an action by law by any citizen of the county in which the officer acts, one half to his or her own use and one half to the use of the state.
(d) The Secretary of State and the Board of Pardons and Paroles may promulgate rules in accordance with the Alabama Administrative Procedure Act as necessary to implement this section.
(Acts 1935, No. 434, p. 914; Code 1940, T. 17, §45; Code 1975, §17-4-61; Acts 1978, No. 584, p. 667, §27; §17-4-131; amended and renumbered by Act 2006-570, p. 1331, §16; Act 2017-378, §2.)
When a person makes application for registration before a county board of registrars, it shall be the duty of that board, if the elector has been previously registered before in any other county or state, to notify the registrar of voters in the county or state of the previous registration that such elector has applied for and been registered as an elector in the county where such application for registration is made. In addition to asking an elector whether he or she has been previously registered before in any other county or state, the board of registrars shall ascertain if an elector has been previously registered before in any other county of this state by conducting a computerized search of the statewide voter registration list, using the elector’s name along with any other identifying information provided by the elector.
When the notice required in this section is received by the board of registrars of any county where such person had been previously registered, it shall be the duty of the board of registrars receiving such notice to remove forthwith the name of such person from the list of qualified electors of the county of previous registration, and such person shall thereafter be disqualified to vote in any election held in any county of previous registration unless the person is duly reregistered.
(Acts 1949, No. 27, p. 39, §§1, 2; Code 1975, §17-4-22; Acts 1978, No. 584, p. 667, §33; §17-4-135; amended and renumbered by Act 2006-570, p. 1331, §16.)
(a) To continuously and automatically identify the names of persons to be purged from the voters’ list, the appropriate state departments or agencies shall provide to the Secretary of State, as such information is recorded by the departments, the names and identifying information set out below of any person age 18 or older who:
(1) Has died, with date of birth and Social Security number (if such number is known), last known address with county of residence, and date of death, as provided by the Office of Vital Statistics of the State Department of Public Health.
(2) Has been convicted of a felony, with date of birth and Social Security number (if such number is known), last known address with county of residence, and date of conviction, as provided by the Alabama Criminal Justice Information Systems.
(b) The Secretary of State, upon the receipt of the information pursuant to subsection (a), shall disseminate the information to the appropriate board of registrars to facilitate the continuous purgation of the statewide voter registration list.
(Acts 1989, No. 89-649, p. 1279, §3; Act 2003-313, p. 733, §2; §17-4-212; amended and renumbered by Act 2006-570, p. 1331, §16.)
(a) To facilitate the continuous maintenance of the computerized statewide voter registration list, each county board of registrars shall investigate written reports from a family member of an elector, the inspector of an election precinct, the judge of probate, the sheriff, and the clerk of the circuit court that an elector registered to vote in a precinct has died or become a nonresident of the precinct in which he or she is registered to vote. The inspector, judge of probate, sheriff, or clerk of the circuit court shall provide the board of registrars, on a form to be prescribed by the Secretary of State, sufficient information to identify the elector in the statewide voter file and a statement as to the source and nature of the information upon which he or she believes a person is deceased or has become a nonresident of the precinct in which he or she is registered to vote.
(b) To facilitate the continuous maintenance of the computerized statewide voter registration list, each county board of registrars shall investigate signed, written reports from a member of an elector’s family that the elector is deceased. The family member shall complete a form to be prescribed by the Secretary of State identifying the name of the elector who is deceased, the name of the family member reporting the death, the relationship of the family member to the elector, and other identifying information as specified by the Secretary of State to facilitate investigation of the claim that the elector is deceased.
(c) Each county board of registrars, whenever it receives a written report provided in accordance with subsection (a) that an elector has become a nonresident of the precinct in which he or she is registered to vote, shall investigate and determine if the elector should be disqualified from the statewide voter registration list. Upon determining that the elector should be disqualified from the statewide voter registration list, the county board of registrars shall give notice to the elector of the proposed change in status by U.S. mail to the last known mailing address of the elector. The elector shall be provided 30 days to respond to the determination by the county board of registrars and provide the registrars evidence as to his or her qualifications to remain a qualified elector at the residential address as recorded in his or her voter registration record.
(d) Each county board of registrars, whenever it receives a written report provided in accordance with subsection (a) or (b) that an elector is deceased, shall determine if the elector should be disqualified from the statewide voter registration list. If the information regarding the elector’s death is based on official records maintained in the office of the judge of probate, sheriff, or clerk of the circuit court, the county board of registrars shall forthwith remove the elector from the statewide voter registration list without the requirement of further investigation. If the information regarding the elector’s death is not based on official records maintained in the office of the judge of probate, sheriff, or clerk of the circuit court, the county board of registrars shall investigate to confirm whether the elector is deceased.
(e) To further the implementation of subsection (d), the State Registrar in the Department of Public Health may render a bill to the Department of Finance for any fee required pursuant to subdivision (4) of subsection (a) of Section 22-9A-22 when a county board of registrars requests copies of records as part of its investigation of a report of an elector’s death.
(f) The Secretary of State is granted rulemaking authority under the Alabama Administrative Procedure Act for establishing procedures and forms to be used in the implementation of this section.
(Act 2015-367, §1.)
In addition to the duty of the board of registrars to update the voter registration list on a continuous basis, the board of registrars shall meet during the month of January for the purpose of conducting the voter list maintenance activities prescribed herein, including the purging of the registration lists.
(Acts 1984, No. 84-389, p. 896, §2; §17-4-181; amended and renumbered by Act 2006-570, p. 1331, §16.)
Each voter whose name is to be removed shall reidentify himself or herself by appearing in person before a registrar, or by appearing before the judge of probate, or either of the clerks in the office of the judge of probate, or through his or her representative before the board of registrars in regular session except that the following persons shall be entitled to reidentify by mail if they possess the qualifications of an elector and are not disqualified from voting under the constitution and laws of Alabama: Members of the Armed Forces of the United States, persons employed outside the United States, persons absent because of attendance at an institution of higher learning, and the spouses and children of such persons. The board of registrars shall notify such persons who are eligible for reidentification by mail as to how they can reidentify themselves. Electors eligible to reidentify by mail shall have their eligibility verified before a commissioned officer of the Armed Forces of the United States, or any person authorized to administer oaths and take affidavits, or before two witnesses who are 18 years old or older.
(Acts 1984, No. 84-389, p. 896, §3; §17-4-182; amended and renumbered by Act 2006-570, p. 1331, §16.)
Any voter who fails to vote for four years in his or her county shall have his or her name placed on an inactive voter list by the local board of registrars. Once on the inactive list, the voter shall reidentify with the local board of registrars in order to again have his or her name placed on the active voter registration list. Notwithstanding the foregoing, if a voter on the inactive list goes to his or her polling place to vote on an election day and identifies himself or herself to the election official responsible for the voter registration list update, such voter shall be permitted to vote provided the voter completes a voter reidentification form.
(Acts 1989, No. 89-649, p. 1279, §4; Act 2003-313, p. 733, §2; §17-4-213; amended and renumbered by Act 2006-570, p. 1331, §16.)
The names of persons in the county to be struck from the list of registered voters shall be listed by precinct and in alphabetical order and published in a newspaper of general circulation in the county once a week for two consecutive weeks in November or December of each year in which the statewide voter file maintenance is conducted.
(Acts 1984, No. 84-389, p. 896, §4; §17-4-183; amended and renumbered by Act 2006-570, p. 1331, §16.)
The board shall not remove the name of any elector, known by any member of the board, or made known to the board by another qualified elector, or duly representative of the elector whose name is to be stricken, to be a legal resident of the county not known to be suffering from any disqualification. In purging the list of qualified electors, the board of registrars shall remove only the names of those persons who have not reidentified in the manner prescribed herein.
(Acts 1984, No. 84-389, p. 896, §5; §17-4-184; amended and renumbered by Act 2006-570, p. 1331, §16.)
When the name of any elector is struck from the registration list, the records maintained by the board of registrars must show the reason for striking the elector from the list. No such person whose name is removed from the list of qualified electors for failure to reidentify shall cease permanently to be a qualified elector nor be subject to reregistration, but shall be subject only to the requirement that he or she reidentify as prescribed herein.
(Acts 1984, No. 84-389, p. 896, §6; §17-4-185; amended and renumbered by Act 2006-570, p. 1331, §16.)
Any qualified elector of the county whose name is omitted or removed from the list of qualified electors for failure to appear and reidentify himself or herself and who has not otherwise been reidentified as herein provided shall be entitled to have his or her name restored to the list of qualified electors by written affidavit or appearing in person before a registrar, at the office of the board of registrars, or at the office of the judge of probate, certifying that he or she is in fact a bona fide registered voter of that county; provided, however, that any qualified elector can be reidentified on election day; provided further, however, that this article shall not be construed or applied to impair or deny the right to vote in person or by absentee ballot of any person or of the spouse or child of any person who is in active duty of any of the Armed Forces of the United States of America and stationed, and as to the spouse or child, who is living with her or his husband or wife, mother or father, as the case may be, outside of the county, or who is living outside the county while attending a college or university or other institution of higher education or who is employed outside of the United States during the period of time from May 21, 1984; and provided further that the provisions of this article shall not restrict the board of registrars from purging the registration lists as provided in this article.
(Acts 1984, No. 84-389, p. 896, §7; §17-4-186; amended and renumbered by Act 2006-570, p. 1331, §16.)
The Secretary of State shall maintain a permanent list of all qualified electors which shall include the electors’ county, precinct, voting history, race, and other information required in Sections 17-4-33 and 17-4-36.
(Acts 1984, No. 84-389, p. 896, §8; Act 2003-313, p. 733, §2; §17-4-187; amended and renumbered by Act 2006-570, p. 1331, §15.)
(a) Beginning in February 2025, and in February of every fourth year thereafter, the board of registrars, or the Secretary of State if acting as the board’s agent pursuant to subsection (h), shall use change-of-address information supplied by the United States Postal Service through the National Change of Address database and by at least one other National Voter Registration Act designated agency database, to identify registered voters whose addresses may have changed.
(b)(1) If the board of registrars or Secretary of State determines from the change-of-address information that a registered voter has moved to a different residence address that is under the jurisdiction of the same board of registrars, the board of registrars shall change the registration records of that voter to show the new address, and the board of registrars or Secretary of State, within 90 days after identifying the potential change, shall send the voter a notice of the change by forwardable mail along with a postage prepaid, pre-addressed return card on which the registered voter may correct his or her current address information. The notice shall inform the voter that if the voter did not change his or her residence, he or she is required to return the pre-addressed card no later than the last day to register to vote before an election.
(2) If the board of registrars or Secretary of State determines from the change-of-address information that a registered voter has moved to a different residence address that is under the jurisdiction of a different board of registrars or to a residence address outside of the state, the board of registrars or Secretary of State, within 90 days after identifying the potential change, shall send the voter a notice of the change by forwardable mail along with a postage prepaid, pre-addressed return card on which the registered voter may verify or correct his or her current address information. The notice shall include both of the following:
a. A statement informing the voter that if the pre-addressed card is not returned within the time specified in the notice, the voter will be permitted to vote in that same jurisdiction during the period from the date the notice was mailed and ending on the day after the date of the second general election for federal office, provided the voter completes a voter registration update form. If the voter does not update his or her voter registration record or vote during the period ending on the day after the date of the second general election for federal office, the voter’s name shall be removed from the list of eligible voters.
b. Information concerning how the voter may continue his or her eligibility to vote in another jurisdiction if the voter has changed his or her residence to an address outside of the jurisdiction of the board of registrars under which he or she is then registered.
(c) The board of registrars or Secretary of State shall record and maintain in the statewide voter registration database the dates on which the notice is mailed to a registered voter and the card is subsequently returned to the board by the registered voter.
(d) The board of registrars shall update the statewide voter registration database using the information reported to the board by the registered voters on the prepaid, pre-addressed return cards provided for in this section.
(e) If the registered voter does not respond to the notice provided in this section within 90 days of the date on which the notice was mailed or if the notice is returned to the board of registrars as undeliverable, the board of registrars or its agent shall change the status of the voter to inactive and indicate in the statewide voter registration database the date the change is recorded and that the voter did not respond to the mailing or that the mailing was returned as undeliverable, in a manner provided by rule by the Secretary of State.
(f) The names of persons to be removed from the list of registered voters pursuant to this section shall be published in accordance with Section 17-4-10.
(g) The Secretary of State may adopt rules as necessary to implement this section.
(h) The Secretary of State may act as an agent for a board of registrars, only upon receiving the written consent of the county commission, in implementing this section.
(Acts 1995, No. 95-769, p. 1816, §2; §17-4-201; amended and renumbered by Act 2006-570, p. 1331, §18; Act 2021-534, §1; Act 2025-424, §1.)
The state shall reimburse each county commission for all the postage costs associated with voter lists maintenance activities provided for in Section 17-4-30 and one-half of the cost of the publication of the names of individuals to be removed from the list of registered voters as required in Section 17-4-10. The reimbursement shall be made from the Election Expenses Account in the State Treasury upon approval by the Secretary of State on warrants drawn by the state Comptroller.
(Acts 1995, No. 95-769, p. 1816, §3; §17-4-202; amended and renumbered by Act 2006-570, p. 1331, §18; Act 2021-534, §1.)
The judge of probate shall have access to and be provided with the current list of registered voters within his or her county at no cost within seven days after making the request. If computer access to the list of registered voters is available, upon request for access, the judge of probate shall be provided with immediate on-line availability to the list. No agency, department, or office of the State of Alabama shall pay any cost associated with printing or computer access to a list of registered voters available to a judge of probate under this section.
(Acts 1995, No. 95-769, p. 1816, §4; §17-4-20; amended and renumbered by Act 2006-570, p. 1331, §18.)
(a) The State of Alabama shall provide, through the Secretary of State, a nondiscriminatory, single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered by the Secretary of State, with advice from the Voter Registration Advisory Board and the President of the Alabama Probate Judges Association, which contains the name and registration information of every legally registered voter in the state. The computerized list shall comply with the following requirements:
(1) It shall serve as the single system for storing and managing the official list of registered voters throughout the state.
(2) It shall contain the name, address, and voting location, as well as other information deemed necessary by the Voter Registration Advisory Board or the Secretary of State, of every legally registered voter in the state.
(3) A unique identifier shall be assigned to each legally registered voter in the state.
(4) It shall contain the voting history of each registered voter.
(5) It shall be coordinated with the driver’s license database of the Alabama State Law Enforcement Agency and the appropriate state agency to assist in the removal of deceased voters.
(6) Any election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized list.
(7) All voter registration information obtained by any registrar in the state shall be electronically entered into the computerized list on an expedited basis at the time information is provided to the registrar.
(8) The Secretary of State shall provide such support as may be required so that registrars are able to enter voter registration information.
(9) It shall serve as the official voter registration list for the conduct of all elections.
(10) Following each state and county election, the Secretary of State shall provide one electronic copy of the computerized voter list free of charge to each political party that satisfied the ballot access requirements for that election. The electronic copy of the computerized voter list shall be provided within 30 days of the certification of the election or upon the completion of the election vote history update following the election, whichever comes first. In addition, upon written request from the chair of a political party, the Secretary of State shall furnish up to two additional electronic copies of the computerized voter file during each calendar year to each political party that satisfied the ballot access requirements during the last statewide election held prior to that calendar year. The electronic copies provided pursuant to this section shall contain the full, editable data as it exists in the computerized voter list maintained by the Secretary of State.
(11) The list shall be maintained so that it is technologically secure.
(b)(1) The Secretary of State, or judge of probate, or absentee election manager, or municipal clerk, or registrar shall include the name and omit all other information of a registered voter on any generally available list of registered voters, except for those lists provided to federal and state agencies, upon the written signed affidavit of the registered voter to the board of registrars of the county in which the individual is registered or intends to register, affirming one of the following:
a. That the registered voter, or a minor who is in the legal custody of the registered voter, is or has been the victim of domestic violence as provided in Article 7, commencing with Section 13A-6-130, of Chapter 6 of Title 13A.
b. That a domestic violence order is or has been issued by a judge or magistrate pursuant to the Domestic Violence Protection Order Enforcement Act, to restrain access to the registered voter or a minor who is in the legal custody of the registered voter.
c. That the registered voter is a federal or state prosecutor, federal, state, probate, or municipal judge, legislator, or law enforcement officer as defined in Chapter 21 of Title 36 or the spouse of a federal or state prosecutor, federal, state, probate, or municipal judge, legislator, or law enforcement officer as defined in Chapter 21 of Title 36.
(2) The Secretary of State shall develop and provide to each county the affidavit to be completed under this subsection.
(Acts 1989, No. 89-649, p. 1279, §1; Act 2003-313, p. 733, §2; §17-4-210; amended and renumbered by Act 2006-570, p. 1331, §18; Act 2010-537, p. 918, §1; Act 2014-221, p. 704, §1; Act 2021-335, §1.)
(a) As an oversight board for the system, there is created and established a State Voter Registration Advisory Board composed of nine members, to be appointed as follows:
Three members by the Governor, one of whom shall reflect the racial, ethnic, gender, and age diversity of the state.
Three members by the Commissioner of Agriculture and Industries, one of whom shall reflect the racial, ethnic, gender, and age diversity of the state.
Three members by the State Auditor, one of whom shall reflect the racial, ethnic, gender, and age diversity of the state.
Such appointments shall be made no later than September 30, 2003. Persons appointed to the Voter Registration Advisory Board shall serve at the pleasure of the appointing authority and shall have knowledge of the workings of voter registration and election laws and shall receive no compensation for their services other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. The expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for state departments and agencies. The appointees shall meet within 30 days after their appointments to select one of their number as chair who shall serve for two years. Thereafter, the Voter Registration Advisory Board shall elect a new chair every four years. The Voter Registration Advisory Board shall meet regularly at least once during each quarter and at such special meetings as may be called, from time to time, by the chair.
(b) The Voter Registration Advisory Board shall have the following duties:
(1) To oversee the statewide voter registration list created in this chapter.
(2) To advise and consult with the Secretary of State concerning the statewide voter registration file maintenance system created in this chapter.
(3) To recommend to the Legislature and the Governor any needed improvements or legislation in regard to the statewide voter registration file.
(4) To make studies of conditions and problems pertaining to voter identification and registration in the state.
(5) To keep abreast of the latest developments in the field of voter identification and registration.
(6) To promote honesty, fairness, and integrity in lists of qualified voters, the voter registration process, and the election process in the State of Alabama.
(Act 2006-570, p. 1331, §19.)
The Supervisor of Voter Registration shall be employed by the Secretary of State under the terms and conditions of the state Merit System and the salary and benefits shall be set by the Secretary of State out of funds appropriated for such purpose. The Supervisor of Voter Registration shall work at the direction of the Secretary of State. In addition to those duties assigned by the Secretary of State, the Supervisor of Voter Registration shall have the following duties:
(1) To keep the minutes of the meetings of the Voter Registration Advisory Board, conduct the day-to-day business activities of the Voter Registration Advisory Board, and give progress reports on such activities at its meetings.
(2) To serve as a liaison between the Secretary of State and the county boards of registrars on implementation of existing and future laws pertaining to voter registration.
(3) To provide to the county boards of registrars such information as would allow them to determine which names should be stricken by them from voter lists in accordance with state law.
(4) To provide assistance to the county boards of registrars in determining the names of any person or persons who are deceased, who are no longer qualified to vote in the election district where registered due to removal of residence from the county in which he or she is registered, or from the State of Alabama, who has been convicted of a disqualifying crime, or who is otherwise no longer qualified to vote as may be provided by law.
(5) To establish and maintain a statewide voter registration list including all registered voters of the state as such information is reported to the Supervisor of Voter Registration by the boards of registrars or judges of probate of the various counties.
(6) To maintain all information furnished to the Supervisor of Voter Registration relating to the inclusion or deletion of names from the lists of registered voters.
(7) To acquire by purchase, lease, or contract, the use of such equipment as is required to establish a fully centralized statewide voter registration list which will allow the computerization of all of the offices of the boards of registrars throughout the state upon legislative approval of funds for such computerization, the communication of necessary information between the boards of registrars and the Supervisor of Voter Registration; storage and instant comparison of names and other identifying information contained in voter lists, automatically identifying duplicate entries, produce in printed forms selected names or lists of names with identifying information, and do such other tasks as may be designated for it by the Supervisor of Voter Registration.
(8) To recommend procedures and administrative rules to the Secretary of State and prepare forms necessary to properly carry out such duties set forth herein.
(9) To secure from each county voter registration information and from any state department, agency, board, bureau, or commission, or from any other sources, information regarding the death, conviction of disqualifying crime, or removal of residence from the county or state of any registered voter.
(10) To furnish, at a reasonable reproduction cost and within 14 days of receipt of the request, voter registration lists limited to the names, addresses, and political subdivisions or voting places to candidates for election or political party nomination to further their candidacy, political party committees or officials thereof for political purposes only, incumbent officeholders to report to their constituents; nonprofit organizations which promote voter participation and registration for that purpose only; and for no other purpose and to no one else; failure to furnish the requested voter registration list within 14 days of receipt of a request shall result in no charge to the requesting entity and the cost shall be absorbed by the Secretary of State.
(11) To perform such duties pertaining to voter registration as may be assigned by the Secretary of State.
(12) To supervise persons employed by the Secretary of State, subject to the state Merit System laws and entitled to the rights of benefits thereunder, as may be necessary to carry out this article.
(13) To train, counsel, advise, and evaluate registrars in the performance of their lawful functions.
(14) To provide military and overseas voters with voter registration applications and absentee ballot applications and otherwise assist such voters with information helpful in becoming registered, changing registration, and obtaining absentee ballots.
(15) To provide information relating to procedures for registering and voting an absentee ballot.
(Acts 1989, No. 89-649, p. 1279, §2; Act 2003-313, p. 733, §2; §17-4-211; amended and renumbered by Act 2006-570, p. 1331, §20.)
(a) In order to establish the statewide voter file and to ensure its continued accuracy, it shall be the duty of the boards of registrars, on forms or in a rule prescribed by the Secretary of State:
(1) To provide the Secretary of State the name, driver’s license number or non-driver’s identification number, if such number is known, the last four digits of the Social Security number, if such number is known, date of birth, address, race, sex, and political subdivision or voting place of each registered voter in their respective counties within one month after a written request from the Secretary of State.
(2) To provide the Secretary of State the name, driver’s license number or non-driver’s identification number, if such number is known, the last four digits of the Social Security number, if such number is known, date of birth, address, race, sex, political subdivision or voting place, place of previous registration, if applicable, and date of registration of each newly registered voter as such voter is registered.
(3) To provide to the Secretary of State the name, driver’s license number or non-driver’s identification number, if such number is known, the last four digits of the Social Security number, if such number is known, date of birth, address, race, sex, political subdivision or voting place, and date of reidentification of every voter who reidentifies, pursuant to this chapter.
(b) Where an applicant for voter registration is unable to produce either a driver’s license number, a non-driver’s identification number, or the last four digits of the Social Security number, the state voter registration list shall assign a unique number which shall serve as the registrant’s voter registration identification number.
(Acts 1989, No. 89-649, p. 1279, §5; Act 2003-313, p. 733, §2; §17-4-214; amended and renumbered by Act 2006-570, p. 1331, §20.)
All voter registration, voter reidentification, and the purging of voters from the voter roll shall be done pursuant to this chapter.
(Acts 1989, No. 89-649, p. 1279, §6; §17-4-215; amended and renumbered by Act 2006-570, p. 1331, §20.)
(a) The Secretary of State shall ensure that all applicants obtain requested voter lists electronically and in a timely manner. The Secretary of State shall establish procedures to allow any applicant to request and obtain voter lists in an electronic format. The Secretary of State shall not delay transmission of voter lists to any applicant.
(b) Except as provided in this section, the Secretary of State shall charge a fee not exceeding one thousand dollars ($1,000) per electronic voter list produced. Otherwise, the reproduction cost of the electronic statewide file, or any portion thereof, shall be reasonable as determined by the Secretary of State, and a fee schedule shall be conspicuously posted on the Secretary of State’s website.
(c)(1) The voter lists and election history information for the last 10 election cycles in which a voter participated, as contained in the statewide voter registration database in the Office of the Secretary of State, shall be accessible to any person who files an application to receive an electronic copy of a voter list and pays the required fee.
(2) The following personal voter information used for voter registration purposes is confidential and may not be disseminated:
a. Social Security numbers.
b. Driver license numbers.
c. Email addresses.
d. Telephone numbers.
e. Voter information protected by Section 17-4-33(b)(1).
(3) The prohibition against the dissemination of confidential information in subdivision (2) does not apply to:
a. Federal, state, or local government agencies that are authorized to confidentially access, use, and maintain the information; and
b.1. Any individual who registers for the first time or who updates his or her registration information on or after June 1, 2026, if the individual elects to have his or her telephone number disseminated.
(d) Proceeds from the sale of the statewide voter list and election history information from the Secretary of State shall be retained by the Secretary of State for use in voter registration.
(e) The Secretary of State shall provide, without charge, each legislator one copy of the voter list in his or her district within 90 days of the legislator assuming office.
(f) Upon application and without charge, the Secretary of State shall provide the Administrative Office of Courts with an electronic copy of the statewide voter list no more than once a year for the production of a master jury list or for any other lawful purpose.
(g) Upon application and without charge, the Secretary of State shall provide the chief elections officer of any other state with an electronic copy of the statewide voter list no more than once a year for any lawful purpose, on the condition that the chief elections officer of the requesting state agrees to reciprocate and provide a copy of the statewide voter list of that state to the chief elections officer of this state upon request and without charge, to be used for any lawful purpose. The Secretary of State may enter into an agreement with any other state, at any time, regarding the exchange of statewide voter lists.
(h) Except as provided in this section and Sections 11-46-36, 17-4-1, and 17-16-2, it shall be unlawful to sell or publish any portion of a voter list or use voter data or information maintained by the Secretary of State under this section for commercial purposes. The use of the information on or derived from voter registration lists solely for electioneering or for other permitted political campaign or election purposes under the Fair Campaign Practices Act does not constitute commercial use.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §5; Act 2003-313, p. 733, §2; §17-4-252; amended and renumbered by Act 2006-570, p. 1331, §20; Act 2009-726, p. 2175, §1; Act 2015-290, §1; Act 2015-459, §1; Act 2026-570, §1.)
(a) State agencies shall provide to the Secretary of State, on a schedule to be determined by the Secretary of State, any information and data that the Secretary of State considers necessary in order to maintain the statewide voter registration database established pursuant to Section 17-4-33, except where prohibited by federal law or federal regulation. The Secretary of State shall ensure that any information or data provided to the Secretary of State which is confidential in the possession of the entity providing the data remains confidential while in the possession of the Secretary of State.
(b)(1) The Secretary of State may enter into agreements to share information or data with other individual states, as the Secretary of State considers necessary, in order to maintain the statewide voter registration database. Information or data that the Secretary of State may share pursuant to this subsection includes, but is not limited to, an electronic copy of the statewide voter list and data obtained pursuant to subsection (a).
(2) Except as otherwise provided in this section, the Secretary of State shall ensure that any information or data provided to the Secretary of State which is confidential in the possession of the state providing the data remains confidential while in the possession of the Secretary of State. The Secretary of State may provide otherwise confidential information or data to county boards of registrars for legitimate governmental purposes related to the maintenance of the statewide voter registration database.
(c) A county board of registrars shall contact a registered elector by mail to verify the accuracy of the information in the statewide voter registration database regarding that elector if information provided under subsection (a) or (b) identifies a residential address for the elector which lies outside of the county in which the elector is registered to vote, except when the information provided under subsection (a) or (b) indicates that the elector registered to vote in another jurisdiction, within or outside the State of Alabama, at a date subsequent to the date the elector registered to vote in the jurisdiction of the county board of registrars.
(d)(1) The costs associated with agreements entered into by the Secretary of State as provided for in subsection (b) may be rendered by the Secretary of State to the Department of Finance and paid from the voter registration fund.
(2) The cost of production and mailing required in subsection (c) shall be rendered by the Secretary of State to the Department of Finance and paid from the voter registration fund.
(e) The Secretary of State may adopt rules in accordance with the Administrative Procedure Act to implement this section.
(Act 2015-459, §2; Act 2025-424, §1.)
(a) The board of registrars shall be responsible for entering and updating in a timely manner the names and information of the electors who register to vote and vote in each election into the state voter registration list and for conducting regular voter list maintenance activities as directed by the Secretary of State and otherwise provided by law, including processing registered individuals identified by programs conducted pursuant to subsection (b). Removal of any registered individual determined to be improperly registered may be accomplished at any time by a majority vote of the board.
(b)(1) The Secretary of State shall be responsible for directly conducting regular state voter registration list maintenance programs to ensure database integrity. These programs shall be known as the Alabama Voter Integrity Database (AVID). The Alabama Voter Integrity Database shall compare the state voter registration list to:
a. Alabama State Law Enforcement Agency driver license and nondriver identification card data to identify registered voters in Alabama who have moved and obtained a driver license or nondriver identification card in another state or who have registered to vote in Alabama and then applied for a foreign national driver license or nondriver identification card;
b. State-to-state voter list data to identify individuals who are registered to vote in Alabama but who are also registered to vote in another state, including individuals who may have voted in the same or a similar election in both states, with priority given to data from states in close geographical proximity to Alabama;
c. The National Change of Address database to identify individuals who are registered to vote in Alabama but have notified the United States Postal Service that they have relocated to a new county within the state or an address outside of Alabama;
d. Social Security Death Index data to identify deceased individuals who are registered to vote and may have died out of state; and
e. United States Department of Homeland Security Citizenship and Immigration Services data to identify individuals who are registered to vote in Alabama but are ineligible to vote because they are noncitizens.
(2) Individuals identified shall be timely communicated by the Secretary of State to the appropriate board or boards of registrars to process.
(c) Not later than February 1, annually, the Secretary of State shall collect and publish data from each county specifying the number of voters who were removed from the voter registration list during the previous calendar year.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §6; Act 2003-313, p. 733, §2; §17-4-253; amended and renumbered by Act 2006-570, p. 1331, §20; Act 2025-424, §1.)
(a) The Secretary of State shall be the primary state official for federal contact for the implementation of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.
(b) The State Department of Public Safety shall integrate voter registration into driver’s license application and renewal or updating procedures and shall coordinate its driver’s license database with the state voter registration list and the Social Security Administration’s database in accordance with the Help America Vote Act of 2002.
(c) The state through the Secretary of State’s office shall allow citizens to register to vote by mail. The voter registration application may be designed by the Secretary of State provided it meets the requirements of the National Voter Registration Act of 1993. The Secretary of State may, however, choose to use federally prescribed forms.
(d) State agencies which provide food stamps, Medicaid, services related to the Women and Infant Children program (WIC), services related to Aid to Families with Dependent Children (AFDC), and agencies providing services to the disabled shall provide voter registration opportunities to their clientele in accordance with the National Voter Registration Act of 1993.
(e) Recruitment offices of the Armed Forces of the United States shall provide voter registration opportunities to their clientele in accordance with the National Voter Registration Act of 1993.
(f) Other public offices and agencies which may provide the voter registration services provided by the National Voter Registration Act of 1993 include public libraries, public schools, offices of municipal clerks, probate offices, state and local revenue offices, unemployment compensation offices, offices providing services to the disabled other than those required in subsection (d) to provide voter registration services, and federal and nongovernmental offices which agree to provide the voter registration services.
(g) Voter registration, confirmation documents, and any other documents necessary to be prescribed by the Secretary of State to meet the requirements of the National Voter Registration Act of 1993 shall be prepared and furnished as provided for in Section 17-3-57.
(h) The Secretary of State, by rule, may prescribe forms in furtherance of state election laws deemed helpful to disabled voters and voters speaking an alternative language to English who, according to the most recent decennial census, comprise more than five percent of the voting age population for any county in Alabama.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §2; Act 2003-313, p. 733, §2; §17-4-250; amended and renumbered by Act 2006-570, p. 1331, §22.)
The Secretary of State may hire a computer programmer or other necessary personnel to carry out the additional responsibilities placed on his or her office by state implementation of the National Voter Registration Act of 1993. The programmer and other personnel employed shall be under the state Merit System.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §3; §17-4-251; amended and renumbered by Act 2006-570, p. 1331, §22.)
There is established a separate trust fund in the State Treasury to be known as the Voter Registration Fund. All receipts collected under this article by the Secretary of State are to be deposited in this fund. The receipts shall be disbursed only by warrant of the state Comptroller drawn upon the State Treasury supported by itemized vouchers approved by the Secretary of State. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, or other appropriations acts.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §7; Act 2003-313, p. 733, §2; §17-4-254; amended and renumbered by Act 2006-570, p. 1331, §22.)
The Secretary of State shall promulgate rules and prescribe forms and instructions as shall be necessary to implement the National Voter Registration Act of 1993 in Alabama or the Help America Vote Act of 2002, including any rules and forms necessary for the administration of the acts by state departments and agencies. The Secretary of State is further authorized to enter into inter-agency agreements with other government agencies for the implementation of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §8; Act 2003-313, p. 733, §2; §17-4-255; amended and renumbered by Act 2006-570, p. 1331, §22.)
This chapter shall be known and may be cited as the “Fair Campaign Practices Act.”
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §1; §17-22A-1; amended and renumbered by Act 2006-570, p. 1331, §23.)
(a) For purposes of this chapter, the following terms shall have the following meanings:
(1) CANDIDATE. An individual who has done any of the following:
a. Taken the action necessary under the laws of the state to qualify himself or herself for nomination or for election to any state office or local office or in the case of an independent seeking ballot access, on the date when he or she files a petition with the judge of probate in the case of county offices, with the appropriate qualifying municipal official in the case of municipal offices, or the Secretary of State in all other cases.
b. Received contributions or made expenditures in excess of one thousand dollars ($1,000), or given his or her consent for any other person or persons to receive contributions or make expenditures in excess of one thousand dollars ($1,000), with a view to bringing about his or her nomination or election to any state office or local office.
(2) COMMISSION. The State Ethics Commission created pursuant to Section 36-25-3.
(3) CONTRIBUTION.
a. Any of the following shall be considered a contribution:
A gift, subscription, loan, advance, deposit of money or anything of value, a payment, a forgiveness of a loan, or payment of a third party, made for the purpose of influencing the result of an election.
A contract or agreement to make a gift, subscription, loan, advance, or deposit of money or anything of value for the purpose of influencing the result of an election.
Any transfer of anything of value received by a political committee from another political committee, political party, or other source.
The payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate, political committee, or political party without payment of full and adequate compensation by the candidate, political committee, or political party. Provided, however, that the payment of compensation by a corporation for the purpose of establishing, administering, or soliciting voluntary contributions to a separate, segregated fund as permitted in this chapter, shall not constitute a contribution.
b. The term “contribution” does not include:
The value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee.
The use of real or personal property and the cost of invitations, food, or beverages, voluntarily provided by an individual to a candidate or political committee in rendering voluntary personal services on the individual’s residential or business premises for election-related activities.
The sale of any food or beverage by a vendor for use in an election campaign at a charge to a candidate or political committee less than the normal comparable charge, if the charge to the political committee for use in an election campaign is at least equal to the cost of the food or beverage to the vendor.
Any unreimbursed payment for travel expenses made by an individual who, on his or her own behalf, volunteers personal services to a candidate or political committee.
The payment by a state or local committee of a political party of the cost of preparation, display, or mailing or other distribution incurred by the committee with respect to a printed slate card or sample ballot, or other printed listing of two or more candidates for any public office for which an election is held in the state, except that this subparagraph shall not apply in the case of costs incurred by the committee with respect to a display of the listing made on broadcasting stations, or in newspapers, magazines, or other similar types of general public political advertising.
The value or cost of polling data and voter preference data and information if provided to a candidate or political committee, unless the information was compiled with the advance knowledge of and approval of the candidate or the political committee.
c. For purposes of reporting contributions as required by this chapter, the date of receipt of a contribution shall be the first date the recipient of the contribution is able to make use of the contribution. In the case of a contribution in the form of a check, the date of receipt is the earlier of either of the following:
Ten days from the date that the check came within the recipient’s control.
The date that the check was deposited into the recipient’s account.
(4) DESIGNATED FILING AGENT. An individual appointed and authorized as attorney in fact to electronically submit any report or other filing required by this chapter on behalf of a candidate, his or her principal campaign committee, or a political action committee.
(5) ELECTION. Unless otherwise specified, any general, special, primary, or runoff election, or any convention or caucus of a political party held to nominate a candidate, or any election at which a constitutional amendment or other proposition is submitted to the popular vote.
(6) ELECTIONEERING COMMUNICATION. Any communication disseminated through any federally regulated broadcast media, any mailing, or other distribution, electronic communication, phone bank, or publication which (i) contains the name or image of a candidate; (ii) is made within 120 days of an election in which the candidate will appear on the ballot; (iii) the only reasonable conclusion to be drawn from the presentation and content of the communication is that it is intended to influence the outcome of an election; and (iv) entails an expenditure in excess of one thousand dollars ($1,000).
(7) EXPENDITURE.
a. The following shall be considered expenditures:
A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the result of an election.
A contract or agreement to make any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, for the purpose of influencing the result of an election.
The transfer, gift, or contribution of funds of a political committee to another political committee.
The payment of any qualifying fee or other cost associated with qualifying to run for office.
b. The term “expenditure” does not include:
Any news story, commentary, or editorial prepared by and distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless the facilities are owned or controlled by any political party or political committee.
Nonpartisan activity designed to encourage individuals to register to vote, or to vote.
Any communication by any membership organization to its members or by a corporation to its stockholders and employees if the membership organization or corporation is not organized primarily for the purpose of influencing the result of an election.
The use of real or personal property and the cost of invitations, food, or beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual’s residential or business premises for election-related activities.
Any unreimbursed payment for travel expenses made by an individual who, on his or her own behalf, volunteers personal services to a candidate or political committee.
Any communication by any person which is not made for the purposes of influencing the result of an election.
The payment by a state or local committee of a political party of the cost of preparation, display, or mailing or other distribution incurred by the committee with respect to a printed slate card or sample ballot, or other printed listing of two or more candidates for any public office for which an election is held in the state, except that this subparagraph shall not apply in the case of costs incurred by the committee with respect to a display of the listing made on broadcasting stations, or in newspapers, magazines, or other similar types of general public political advertising.
c. For purposes of reporting expenditures as required by this chapter, the date an expenditure is made is the date the instrument authorizes the expenditure. In the case of an expenditure made by check or electronic payment, the date of expenditure is the date of the check or electronic payment.
(8) IDENTIFICATION. The full name and complete address.
(9) LOAN. A transfer of money, property, or anything of value in consideration of a promise or obligation, conditional or not, to repay in whole or part.
(10) LOCAL OFFICE. Any office under the constitution and laws of the state, except circuit, district, or legislative offices, filled by election of the registered voters of a single county or municipality, or by the voters of a division contained within a county or municipality.
(11) PERSON. An individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
(12) PERSONAL AND LEGISLATIVE LIVING EXPENSES. Household supplies, personal clothing, tuition payments, mortgage, rent, or utility payments for a personal residence; admission to an entertainment event or fees for a country club or social club, unless tied to a specific campaign event or functions involving constituents; and any other expense, excluding food and beverages, that would exist irrespective of the candidate’s campaign or duties as a legislator. Personal and legislative living expenses shall not include expenses for food, beverages, travel, or communications incurred by the legislator in the performance of the office held.
(13) POLITICAL ACTION COMMITTEE. Any committee, club, association, political party, or other group of one or more persons, whether in-state or out-of-state, which receives or anticipates receiving contributions and makes or anticipates making expenditures to or on behalf of any Alabama state or local elected official, proposition, candidate, principal campaign committee or other political action committee. For the purposes of this chapter, a person who makes a political contribution shall not be considered a political action committee by virtue of making such contribution.
(14) POLITICAL PARTY. A political party as defined in Section 17-13-40.
(15) PRINCIPAL CAMPAIGN COMMITTEE. The principal campaign committee designated by a candidate under Section 17-5-4. A political action committee established primarily to benefit an individual candidate or an individual elected official shall be considered a principal campaign committee for purposes of this chapter.
(16) PROPOSITION. Any proposal for submission to the general public for its approval or rejection, including proposed as well as qualified ballot questions.
(17) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at the state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. For purposes of this chapter, a public official includes the chairs and vice chairs or the equivalent offices of each state political party as defined in Section 17-13-40.
(18) STATE. The State of Alabama.
(19) STATE OFFICE. All offices under the constitution and laws of the state filled by election of the registered voters of the state or of any circuit or district and shall include legislative offices.
(b) The words and terms used in this chapter shall have the same meanings respectively ascribed to them in Section 36-25-1.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §2; Acts 1997, No. 97-651, p. 1217, §1; §17-22A-2; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2011-697, p. 2130, §2; Act 2013-311, p. 1060, §1; Act 2015-495, §1.)
(a) Every political action committee shall have a chair and a treasurer.
(b) All funds of a political action committee shall be segregated from, and shall not be commingled with, any personal funds of officers, members, or associates of such committee.
(c) It shall be the duty of the treasurer of a political action committee to keep a detailed, exact account of:
(1) All contributions made to or for such committee.
(2) All expenditures made by or on behalf of such committee.
(3) The identification of every person to whom an expenditure is made, the date and amount thereof, and the name of each candidate on whose behalf such expenditure was made or a designation of the election proposition the result of which the political action committee will attempt to influence by making expenditures or receiving contributions.
(d) It shall be the duty of the treasurer to obtain and keep a receipted bill or cancelled check, stating the particulars for every expenditure made by or on behalf of a political action committee greater than one hundred dollars ($100), and for any such expenditure in a lesser amount, if the aggregate amount of such expenditures to the same person during a calendar year is greater than one hundred dollars ($100). Provided, however, the treasurer of a political action committee shall not be required under this chapter to report any expenditure not related to political contributions or expenditures or made as an administrative expense. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for a period of two years from the date of any such expenditure.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §3; §17-22A-3; amended and renumbered by Act 2006-570, p. 1331, §24.)
(a) Within five days after any person becomes a candidate for office, the person shall file with the Secretary of State a statement showing the name of not less than two nor more than five persons elected to serve as the principal campaign committee for the candidate, together with a written acceptance or consent by the committee, but any candidate may declare himself or herself as the person chosen to serve as the principal campaign committee, in which case the candidate shall perform the duties of chair and treasurer of the committee.
(b) If any vacancy is created by death, resignation, or any other cause, the candidate may fill the vacancy or the remaining members shall discharge and complete the duties required of the committee as if the vacancy had not been created. The principal campaign committee, or its treasurer, shall have exclusive custody of all monies contributed, donated, subscribed, or in any manner furnished to or for the candidate represented by the committee, and shall account for and disburse the same.
(c) If a candidate serves as his or her own principal campaign committee, he or she shall designate a person responsible for dissolving that principal campaign committee in the event of death or incapacity by filing a statement of dissolution and filing a termination report. If the designated person is unable to serve in this capacity at the time of death or incapacity, the principal campaign committee shall be dissolved by the candidate’s personal representative as appointed by the judge of probate. All funds held by the principal campaign committee at the time of death shall be disposed of in a manner provided in Section 17-5-7.
(d) No candidate shall expend any money in aid of his or her nomination or election except by contributing to the principal campaign committee designated by the candidate.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §4; §17-22A-4; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2015-495, p. 1728, §1; Act 2021-314, §1.)
A candidate running for a municipal office is exempt from the filing requirements of Sections 17-5-4 and 17-5-8, unless and until the candidate receives contributions or makes expenditures in excess of one thousand dollars ($1,000).
(Act 2024-104, §1.)
(a) The treasurer or designated filing agent of each political action committee that anticipates either receiving contributions or making expenditures during the calendar year in an aggregate amount exceeding one thousand dollars ($1,000) shall file with the Secretary of State a statement of organization, within 10 days after its organization or within 10 days after the date on which it has information that causes the committee to anticipate it will receive contributions or make expenditures in an aggregate amount in excess of one thousand dollars ($1,000).
(b) The statement of organization shall include all of the following:
(1) The name and complete address of the committee.
(2) The identification of affiliated or connected organizations, if any.
(3) The purposes of the committee.
(4) The identification of the chair and treasurer.
(5) The identification of principal officers, including members of any finance committee.
(6) A description of the constitutional amendments or other propositions, if any, that the committee is supporting or opposing, and the identity, if known, of any candidate or elected official whom the committee is supporting or opposing.
(7) A statement whether the committee is a continuing one, and if not, the expected termination or dissolution date.
(8) The disposition of residual funds which will be made in the event of dissolution.
(c) Whenever there is any material change in information previously submitted in a statement of organization, except for the information described in subdivision (b) (6), the treasurer or designated filing agent of the political action committee shall report the change to the Secretary of State within 10 days following the change.
(d) Any political action committee or any principal campaign committee after having filed its initial statement of organization shall continue in existence until terminated or dissolved as provided herein. When any political action committee determines it will no longer receive contributions or make expenditures during any calendar year in an aggregate amount exceeding one thousand dollars ($1,000), or when any candidate through his or her principal campaign committee determines that he or she will not receive contributions or make expenditures in the amounts specified in Section 17-5-2, the treasurer, designated filing agent, or candidate of the political committee shall notify the Secretary of State of the termination or dissolution of the political committee and shall file a termination report in the same format as that required by subsection (b) of Section 17-5-8. The Secretary of State may dissolve or terminate any political action committee that has maintained a zero balance for one calendar year after providing a 90-day notice of intent to do so by certified mail with return receipt.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §5; §17-22A-5; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2013-311, p. 1060, §1; Act 2015-495, p. 1728, §1; Act 2021-314, §1.)
(a) Except as provided in subsection (d), each legislative caucus organization that raises funds for its administration and operation shall register with the Secretary of the Senate, for a Senate caucus, or the Clerk of the House of Representatives, for a House caucus, or both for a bicameral legislative caucus. Such registration shall be on a form jointly created by the Secretary of the Senate and the Clerk of the House of Representatives and shall include the name and complete address of the organization, the identification of and contact information for the organization’s designated representative, and a general description of the organization.
(b) A legislative caucus organization duly registered pursuant to subsection (a) shall not contribute to or expend funds in support of candidates, principal campaign committees, propositions, or political action committees for the purpose of influencing the result of an election. Notwithstanding any other provision of law, the donation of funds or other resources to a duly registered legislative caucus organization in support of the administration or operations of the caucus is permissible, provided that the donation is not made for the purpose of influencing the result of an election.
(c) Nothing in this section shall be construed to exempt a legislative caucus organization or its officers, directors, or members from the Ethics Law.
(d) A legislative caucus organization that receives contributions or makes expenditures for the purpose of influencing the outcome of an election and is not registered as provided in subsection (a) shall be regulated as a political action committee under this chapter and shall comply with all the requirements of this chapter pertaining to political action committees.
(Act 2013-311, p. 1060, §2.)
A political action committee and a principal campaign committee shall maintain a checking account, money market account, or other similar banking account and shall deposit any contributions received by such committee into such account. No expenditure of funds may be made by any such committee except by check drawn on such account, electronic transfer from such account, a credit card the balance of which is paid from such account, or out of a petty cash fund from which it may make expenditures not in excess of one hundred dollars ($100) to any person in connection with a single purchase or transaction.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §6; §17-22A-6; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2015-495, §1.)
Each political action committee, principal campaign committee, or other person required to file any report or statement under this chapter may destroy any records after the expiration of four years. For purposes of this section, records include: (i) any record or account required under this chapter; and (ii) a copy of each report or statement filed under this chapter and all records relevant to the report or statement.
(Act 2026-583, §1.)
(a) Except as provided in subsection (d) and in Section 17-5-7.1, a candidate, public official, or treasurer of a principal campaign committee as defined in this chapter, may only use campaign contributions, and any proceeds from investing the contributions that are in excess of any amount necessary to defray expenditures of the candidate, public official, or principal campaign committee, for the following purposes:
(1) Necessary and ordinary expenditures of the campaign.
(2) Expenditures that are reasonably related to performing the duties of the office held. For purposes of this section, expenditures that are reasonably related to performing the duties of the office held do not include personal and legislative living expenses, as defined in this chapter.
(3) Donations to the State General Fund, the Education Trust Fund, or equivalent county or municipal funds.
(4) Donations to an organization to which a federal income tax deduction is permitted under subparagraph (A) of paragraph (1) of subsection (b) of Section 170 of the Internal Revenue Code of 1986, as amended, or any other charitable, educational, or eleemosynary cause of Section 501 of Title 26 of the U. S. Code.
(5) Inaugural or transitional expenses.
(6) Donations to a legislative caucus organization registered under this chapter which does not operate as a political action committee.
(7) Legal fees and costs associated with any civil action, criminal prosecution, or investigation related to conduct reasonably related to performing the duties of the office held.
(b) Notwithstanding any other provision of law, including, but not limited to, Section 13A-10-61, a candidate, public official, or principal campaign committee may only accept, solicit, or receive contributions:
(1) To influence the outcome of an election.
(2) For a period of 12 months before an election in which the person intends to be a candidate. Provided, however, candidates for legislative and statewide office and their principal campaign committees may not accept, solicit, or receive contributions during the period when the Legislature is convened in session. For purposes of this section, the Legislature is convened in session at any time from the opening day of the special or regular session and continued through the day of adjournment sine die for that session. However, this subdivision shall not apply within 120 days of any primary, runoff, or general election, and shall not apply to the candidates or their principal campaign committees participating in any special election as called by the Governor. This subdivision shall not apply to a loan from a candidate to his or her own principal campaign committee.
(3) For a period of 120 days after the election in which the person was a candidate, but only to the extent of any campaign debt of the candidate or principal campaign committee of the candidate as indicated on the campaign financial disclosure form or to the extent of reaching the threshold that is required for qualification as a candidate for the office which he or she currently holds, or both.
(4) For the purpose of paying all expenses associated with an election challenge including, but not limited to, quo warranto challenges.
(c) Notwithstanding any other provision of law, including, but not limited to, Section 13A-10-61, a candidate, public official, or principal campaign committee shall not accept, solicit, or receive contributions for any of the following reasons:
(1) As a bribe, as defined by Sections 13A-10-60 to 13A-10-63, inclusive.
(2) For the intention of corruptly influencing the official actions of the public official or candidate for public office.
(d) Notwithstanding any other provision of law, a principal campaign committee, during a two-year period commencing on the day after each regularly scheduled general election and ending on the day of the next regularly scheduled general election, may pay qualifying fees to a political party and in addition thereto, during that period, may expend up to a cumulative total of five thousand dollars ($5,000) of campaign contributions, and any proceeds from investing the contributions, for the following purposes:
(1) Tickets for political party dinners or functions.
(2) State or local political party dues or similar expenses incurred by independent or write-in candidates.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §7; Acts 1993, No. 93-762, p. 1528, §1; Acts 1997, No. 97-651, p. 1217, §1; Act 99-695, 2nd Sp. Sess., p. 202, §1; §17-22A-7; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2010-765, 1st Sp. Sess., p. 38, §2; Act 2013-311, p. 1060, §1; Act 2015-495, §1.)
(a) Notwithstanding any other provision of law, a principal campaign committee or political action committee may return or refund, in full or in part, any lawful contribution it receives to the donor, provided that such return or refund may not exceed the amount received. Any lawful contribution refunded to the donor must have been reported in an itemized manner and the refund shall be itemized in the report for the period in which the refund is made. In the case of a political action committee, the refund shall occur within 18 months of the date of the contribution; provided, however, that if the refund of the contribution is required by law or regulation, then the 18-month time limitation shall not apply.
(b) Notwithstanding any other provision of law, a principal campaign committee or political action committee shall promptly return or refund, in full, any unlawful contribution. It shall be unlawful for any person acting on behalf of a principal campaign committee or political action committee to retain or cause to be retained a contribution that the person knows or reasonably should know was made in violation of this chapter. It is a defense to prosecution that the unlawful contribution was returned or refunded in full within 10 days of the date the contribution was made.
(Act 2013-311, p. 1060, §2.)
(a) Except as provided in subsection (b), property purchased by or contributed to a principal campaign committee with a value of five hundred dollars ($500) or more shall be liquidated at fair market value or donated to a qualified entity pursuant to subsection (a) of Section 17-5-7 not more than 120 days following the election. Any funds generated by the liquidation of the property shall be deposited in the candidate’s principal campaign committee account.
(b) Property purchased by or contributed to a principal campaign committee that can be used by the person in the performance of his or her duties of the office he or she was elected to hold need not be liquidated as long as he or she holds office.
(Act 2015-495, §2.)
Notwithstanding Section 17-5-7.2, a member of the Legislature who, on or before January 1, 2026, acquired property described in Section 17-5-7.2(a) to furnish his or her office in the Alabama State House located on South Union Street in Montgomery, in preparation for the demolition of the building, may dispose of such property by donation or in any other manner, without the need to account for its value pursuant to Section 17-5-7.2.
(Act 2026-210, §2.)
(a) In addition to the use of campaign contributions for the purposes listed in Section 17-5-7, campaign contributions may be used to pay, or reimburse the state or any county or municipality, for security expenses to protect the safety of a candidate, an elected official, or an immediate family or staff member of a candidate or an elected official. For purposes of this section, “security expenses” include all of the following:
(1) Reasonable costs of cybersecurity such as data removal services that find and remove personal information of a candidate, elected official, or immediate family or staff member of the candidate or elected official from data brokers and websites, and other online sources.
(2) Reasonable costs of installing and monitoring nonstructural security devices, including home security hardware, locks, alarm systems, motion detectors, and security cameras, provided the security devices are intended to provide security and not to improve or increase the value of the property.
(3) Reasonable costs of security personnel for a candidate, elected official, or immediate family or staff member of the candidate or elected official.
(b) Any device or other item purchased and installed pursuant to subsection (a) which is permanently attached to the property of a candidate, elected official, or immediate family or staff member of the candidate or elected official is exempt from the liquidation provisions of Section 17-5-7.2.
(c) Nothing in this section shall be construed to require the state, a county, or a municipality to provide security solely based on this section.
(Act 2026-210, §1.)
(a) All filings with the Secretary of State under this section shall be made electronically. Electronic filings shall be available to the public on a searchable database maintained on the Secretary of State’s public website.
(b) The treasurer, designated filing agent, or candidate shall file with the Secretary of State periodic reports of contributions and expenditures at the following times once a principal campaign committee files its statement under Section 17-5-4 or a political action committee files its statement of organization under Section 17-5-5:
(1) Regardless of whether a candidate has opposition in any election, monthly reports not later than the second business day of the subsequent month, beginning 12 months before the date of any primary, special, runoff, or general election for which a political action committee or principal campaign committee receives contributions or makes expenditures with a view toward influencing the election’s result. A monthly report shall include all reportable transactions for the previous full month period. Reports shall be required as provided in subdivisions (2) and (3).
(2) With regard to a primary, special, runoff, or general election, a report shall be required weekly on the Monday of the succeeding week for each of the four weeks before the election that includes all reportable activities for the previous week.
(3) In addition to the reporting dates specified in subdivisions (1) and (2), reports required to be filed with the Secretary of State shall be filed with the Secretary of State on the eighth, seventh, sixth, fifth, fourth, third, and second day preceding a legislative, state school board, or other statewide primary, special, runoff, or general election, and by 12:01 p.m. on the day preceding a legislative, state school board, or statewide, primary, special, runoff, or general election if any principal campaign committee or political action committee receives or spends in the aggregate five thousand dollars ($5,000) or more on that day with a view toward influencing an election’s results. If a daily report is required pursuant to this subdivision, the report shall include all reportable activity occurring on the day of the report as well as all reportable activity that has occurred on each day since the most recent prior report.
(c) Except as provided in subsection (i), each principal campaign committee, political action committee, and elected state and local official covered under this chapter who has not closed his or her principal campaign committee shall file annually with the Secretary of State reports of contributions and expenditures made during that year. No annual report is required to be filed by a person who holds office because he or she was appointed to serve the remainder of a term vacated by another person until the person serving has created a principal campaign committee. The annual reports required under this subsection shall be made on or before January 31 of the succeeding year.
(d) Each report under this section shall disclose all of the following:
(1) The amount of cash or other assets on hand at the beginning of the reporting period and forward until the end of that reporting period and disbursements made from same.
(2) The identification of each person who has made contributions to the committee or candidate within the calendar year in an aggregate amount greater than one hundred dollars ($100), together with the amount and date of all the contributions; provided, however, in the case of a political action committee, identification shall mean the name and city of residence of each person who has made contributions within the calendar year in an aggregate amount greater than one hundred dollars ($100).
(3) The total amount of other contributions received during the calendar year but not reported under subdivision (2).
(4) Each loan to or from any person within the calendar year in an aggregate amount greater than one hundred dollars ($100), together with the identification of the lender, the identification of the endorsers, or guarantors, if any, and the date and amount of the loans.
(5) The total amount of receipts from any other source during the calendar year.
(6) The grand total of all receipts by or for the committee during the calendar year.
(7) The identification of each person to whom expenditures have been made by or on behalf of the committee or elected official within the calendar year in an aggregate amount greater than one hundred dollars ($100), the amount, date, and purpose of each expenditure, and, if applicable, the designation of each constitutional amendment or other proposition with respect to which an expenditure was made.
(8) The identification of each person to whom an expenditure for personal services, salaries, or reimbursed expenses greater than one hundred dollars ($100) has been made, and which is not otherwise reported or exempted from this chapter, including the amount, date, and purpose of the expenditure.
(9) The grand total of all expenditures made by the committee or elected official during the calendar year.
(10) The amount and nature of debts and obligations owed by or to the committee or elected official, together with a statement as to the circumstances and conditions under which any debt or obligation was extinguished and the consideration therefor.
(e) Each report required by this section shall be signed and filed by the elected official or on behalf of the political action committee by its chair or treasurer and, if filed on behalf of a principal campaign committee, by the candidate represented by the committee. There shall be attached to each report an affidavit subscribed and sworn to by the official or chair or treasurer and, if filed by a principal campaign committee, the candidate represented by the committee, setting forth in substance that the report is to the best of his or her knowledge and belief in all respects true and complete, and, if made by a candidate, that he or she has not received any contributions or made any expenditures which are not set forth and covered by the report.
(f) In connection with any electioneering communication paid for by a person, nonprofit corporation, entity, principal campaign committee, or other political committee or entity, the payor shall disclose its contributions and expenditures in accordance with this section. The disclosure shall be made in the same form and at the same time as is required of political action committees in this section; provided, however, no duplicate reporting shall be required by a political committee.
(g) Notwithstanding any disclosure requirements of subsection (f), churches are exempt from the requirements of this section unless the church’s expenditures are used to influence the outcome of an election. Nothing herein shall require a church to disclose the identities, donations, or contributions of members of the church. As used in this section, the term church is defined in accordance with and recognized by Internal Revenue Service guidelines and regulations.
(h) Notwithstanding the disclosure requirements of this section, this section shall not be interpreted to nor shall they require any disclosure for expenses incurred for any electioneering communication used by any membership or trade organization to communicate with or inform its members, its members’ families, or its members’ employees or for any electioneering communication by a business entity of any type to its employees or stockholders or their families.
(i) Each report required by this section shall include all reportable transactions occurring since the most recent prior report; however, duplicate reporting is not required by this section. A political action committee or principal campaign committee that is required to file a daily report is not required to also file a weekly report for the week preceding an election specified in subdivision (b) (3); a committee required to file a weekly report is not required to also file a monthly report in the month in which the election is held; and a committee required to file a monthly report is not required to also file an annual report in the year in which the election is held. The monetary balance in a report of each committee shall begin at the monetary amount appearing in the most recent prior report.
(j) The Secretary of State may adopt administrative rules pursuant to the Alabama Administrative Procedure Act as are necessary to implement and administer this section.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §8; §17-22A-8; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2009-751, p. 2273, §1; Act 2011-687, p. 2071, §1; Act 2011-697, p. 2130, §2; Act 2012-477, p. 1320, §§1, 2; Act 2013-311, p. 1060, §1; Act 2015-495, p. 1728, §1; Act 2021-314, §1.)
(a) Commencing with the 2014 election cycle, all statements, reports of contributions, and expenditures, and other filings required to be filed pursuant to this chapter, shall be submitted electronically over the Internet by a computer file containing the report information in a format and medium to be prescribed by the Secretary of State.
(b) Commencing with the 2014 election cycle, the Secretary of State shall implement and maintain an electronic database accessible by the public through the Secretary of State’s website which provides the capability of search and retrieval of all statements, reports, and other filings required to be filed with the Secretary of State pursuant to this chapter. The searchable database shall provide the ability to search by a recipient’s name, a contributor’s name, a contributor’s or recipient’s Zip Code, and dates of contributions.
(c) Unless otherwise included in a report made pursuant to subsection (a) of Section 17-5-8, the principal campaign committee or political action committee shall file a report disclosing the receipt of any single contribution of twenty thousand dollars ($20,000) or more. These reports shall disclose the same information required by Section 17-5-8, and shall be filed within two business days of receipt of the contribution. Beginning with the 2014 election cycle these reports shall be filed electronically.
(d) Beginning with the 2012 election cycle, a principal campaign committee or political action committee shall close its books in order to complete its reports two days prior to the specified reporting dates.
(e) The Secretary of State may promulgate administrative rules pursuant to the Alabama Administrative Procedure Act as are necessary to implement and administer this section and Section 17-5-8.
(Act 2011-687, p. 2071, §§2, 3.)
(a) The Legislature determines that there is a compelling state and public interest in the disclosure of the source of funds used to advertise or otherwise influence public opinion with regard to elections as defined in Section 17-5-2(3). The Legislature further finds that these compelling interests should be designed to protect the public’s right to know while protecting free speech of individuals as guaranteed in the U.S. Constitution and the Constitution of Alabama of 1901.
(b) Currently, the Fair Campaign Practices Act, as provided in this chapter, commencing with Section 17-5-1, et seq., regulates the disclosure of contributions and expenditures made for the purpose of influencing the outcome of an election. This chapter is also intended to regulate the disclosure of contributions and expenditures for electioneering communications.
(c) The Legislature finds and declares that Alabama voters have a right to know who pays for the costs of electioneering communications.
(Act 2011-697, p. 2130, §1; Act 2013-311, p. 1060, §1.)
(a) All statements and reports, including amendments, required of principal campaign committees and political action committees under this chapter shall be filed electronically with the Secretary of State.
(b) Commencing with the 2024 municipal election cycle, all principal campaign committees and political action committees that file with the judge of probate shall file electronically with the Secretary of State pursuant to this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §9; §17-22A-9; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2013-311, p. 1060, §1; Act 2015-495, p. 1728, §1; Act 2021-314, §1.)
(a) Each report or statement shall be preserved and a copy made available for public inspection by the Secretary of State.
(b) The date of filing of a report or statement filed pursuant to this chapter shall be deemed to be the date of receipt by the Secretary of State; provided, that any report or statement filed by certified or registered mail shall be deemed to be filed in a timely fashion if the date of the United States postmark stamped on the report or statement is the required filing date, and if the report or statement is properly addressed with postage prepaid.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §10; §17-22A-10; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2015-495, p. 1728, §1; Act 2021-314, §1.)
The Secretary of State shall have the following duties:
(1) To accept and file all reports and statements, including amendments, required by this chapter to be filed with the Secretary of State and to accept any information voluntarily supplied that exceeds the requirements of this chapter.
(2) To make each statement and report filed by any principal campaign committee or political action committee or elected official available for public inspection and copying during regular office hours, any copying to be at the expense of the person requesting copies; except that any information copied from the reports or statements may not be sold or used by any political party, principal campaign committee, or political action committee for the purposes of soliciting contributions or for commercial purposes, without the express written permission of the candidate or the committee reporting the information.
(3) To furnish any forms to be used in complying with this chapter. The expenses incurred by the Secretary of State in furnishing forms, accepting statements and reports, filing statements and reports, and making statements and reports available to the public shall be paid from monies designated to the distribution of public documents.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §11; §17-22A-11; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2021-314, §1.)
(a) Any paid political advertisement or electioneering communication appearing in any print media or broadcast on any electronic media shall clearly and distinctly identify the entity responsible for paying for the advertisement or electioneering communication. It shall be unlawful for any person, nonprofit corporation, entity, candidate, principal campaign committee, or other political action committee to broadcast, publish, or circulate any campaign literature, political advertisement, or electioneering communication without a notice appearing on the printed matter with a clear and unmistakable identification of the entity responsible for directly paying for the advertisement or electioneering communication, or on the broadcast at the beginning, during, or end of a radio or television spot, stating that the communication was a paid advertisement, clearly identifying the entity directly responsible for paying for the advertisement or electioneering communication, and giving the identification of the person, nonprofit corporation, entity, principal campaign committee, or other political action committee or entity that paid for such communication.
(b) This section does not apply to any political advertisement or electioneering communication used by a candidate and the candidate’s supporters or by a political committee if the message or advertisement is:
(1) Designed to be worn by a person.
(2) Placed as a paid link on an Internet website, provided the message or advertisement is no more than 200 characters in length and the link directs the user to another Internet website that complies with subsection (a).
(3) Placed as a graphic or picture link where compliance with the requirements of this section is not reasonably practical due to the size of the graphic or picture link and the link directs the user to another Internet website that complies with subsection (a).
(4) Placed at no cost on an Internet website for which there is no cost to post content for public users.
(5) Placed or distributed on an unpaid profile account which is available to the public without charge or on a social networking Internet website, as long as the source of the message or advertisement is patently clear from the content or format of the message or advertisement. A candidate or political committee may prominently display a statement indicating that the website or account is an official website or account of the candidate or political committee and is approved by the candidate or political committee. A website or account may not be marked as official without prior approval by the candidate or political committee.
(6) Distributed as a text message or other message via Short Message Service, provided the message is no more than 200 characters in length or requires the recipient to sign up or opt in to receive it.
(7) Connected with or included in any software application or accompanying function, provided that the user signs up, opts in, downloads, or otherwise accesses the application from or through a website that complies with subsection (a).
(8) Sent by a third-party user from or through a campaign or committee’s website, provided the website complies with subsection (a).
(9) Contained in or distributed through any other technology related item, service, or device for which compliance with subsection (a) is not reasonably practical due to the size or nature of such item, service, or device as available, or the means of displaying the message or advertisement makes compliance with subsection (a) impracticable.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §12; §17-22A-12; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2011-697, p. 2130, §2; Act 2013-311, p. 1060, §1.)
It shall be unlawful for any person, candidate, principal campaign committee, or political action committee to publish or distribute or display, or cause to be published or distributed or displayed, any card, pamphlet, circular, poster, or other printed material relating to or concerning any election, which does not contain the identification required by Section 17-5-2(a)(5) of the person, candidate, principal campaign committee, or political action committee responsible for the publication or distribution or display of the same.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §13; §17-22A-13; amended and renumbered by Act 2006-570, p. 1331, §24.)
(a) A corporation incorporated or organized under the laws of this state, or doing business in this state, may make a contribution or expenditure to or on behalf of any candidate or political action committee in the same manner that an individual is permitted to make under the laws of this state, except as otherwise expressly prohibited by subsection (c).
(b) Any corporation may establish a political action committee, subject to the provisions of this section. Any corporation or any officer, employee, or agent acting on behalf of such corporation, is also permitted to give, pay, expend, or contribute money, services, or anything of value for the purposes of establishing, administering, or soliciting voluntary contributions to a separate, segregated fund to be utilized for political purposes as permitted by Section 17-5-14.1.
(c) A utility regulated by the public service commission may not make a contribution to any candidate for the public service commission, but shall otherwise be entitled to take any action permitted corporations under this section.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §14; §17-22A-14; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2013-311, p. 1060, §1.)
(a) Any business or nonprofit corporation, incorporated under the laws of or doing business in this state, or any officer or agent acting on behalf of the corporation may give, pay, expend, or contribute money, services, anything of value for the purposes of establishing, administering, or soliciting voluntary contributions to a separate, segregated fund which can be utilized for political purposes (i) to aid or promote the nomination or election of any person, including an incumbent political officeholder or any other person who is or becomes a candidate for political office; or (ii) to aid or promote the interest or success, or defeat of any political party or political proposition. Any separate, segregated fund established hereunder for any of the above enumerated purposes shall be established and administered pursuant to the following requirements and prohibitions:
(1) Any such business or nonprofit corporation, or any officer or agent acting on behalf of such business or nonprofit corporation, may solicit voluntary contributions to the fund only from the corporation’s, or its affiliates’, stockholders and their families and its employees and their families; or in the case of a nonprofit corporation, its members and their employees. However, the funds may accept voluntary contributions from any individuals.
(2) The custodians of any separate, segregated political fund established hereunder shall file with the Secretary of State such financial disclosure reports or statements now required of a candidate for public office. Filing with the Secretary of State a copy of the information required to be filed with the Federal Election Commission by such separate, segregated fund shall constitute compliance with the reporting provisions of this section.
(b) It shall be unlawful:
(1) For any separate, segregated political fund established pursuant to this section or for any person acting on behalf of the fund to solicit or secure any money or anything of value by physical force, job discrimination, or financial reprisals, or by threats thereof; by dues, fees, or other moneys required as a condition of employment; or by moneys obtained in any commercial transaction;
(2) For any person soliciting contributions to the fund to fail to inform any person being solicited of the political purposes of the fund at the time of the solicitation;
(3) For any person soliciting for a contribution to the fund to fail to inform the person being solicited, at the time of the solicitation, of his or her right to refuse to contribute without any reprisal; and
(4) For any corporation regulated by the Public Service Commission to pass on to its customers any contribution made for the purpose of establishing, administering, or soliciting voluntary contributions to a separate, segregated fund to be utilized for political purposes.
(Act 2013-311, p. 1060, §2.)
(a) It shall be unlawful for any person, acting for himself or herself or on behalf of any entity, to make a contribution in the name of another person or entity, or knowingly permit his or her name, or the entity’s name, to be used to effect such a contribution made by one person or entity in the name of another person or entity, or for any candidate, principal campaign committee, or political action committee to knowingly accept a contribution made by one person or entity in the name of another person or entity; provided, however, that nothing in this chapter prohibits any person from soliciting and receiving contributions from other persons for the purpose of making expenditures to a candidate, political campaign committee, political action committee, or elected state or local official required to file reports pursuant to Section 17-5-8.
(b) It shall be unlawful for any political action committee or tax exempt political organization under 26 U.S.C. § 527, including a principal campaign committee, or any person authorized to make an expenditure on behalf of such political action committee or 527 organization, to make a contribution, expenditure, or any other transfer of funds to any other political action committee or 527 organization. It shall be unlawful for any principal campaign committee or any person authorized to make an expenditure on behalf of such principal campaign committee to make a contribution, expenditure, or other transfer of funds to any other principal campaign committee, except where the contribution, expenditure, or any other transfer of funds is made from a principal campaign committee to another principal campaign committee on behalf of the same person. Notwithstanding the foregoing, a political action committee that is not a principal campaign committee may make contributions, expenditures, or other transfers of funds to a principal campaign committee; and a separate segregated fund established by a corporation under federal law, if the fund does not receive any contributions from within this state other than contributions from its employees and directors, is not restricted by this subsection in the amount it may transfer to a political action committee established under the provisions of Section 17-5-14.1 by the same or an affiliated corporation.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §18; §17-22A-18; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2010-765, 1st Sp. Sess., p. 38, §2; Act 2013-311, p. 1060, §1.)
AMENDED BY ACT 2026-266, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A principal campaign committee of a state or local candidate and any person authorized to make an expenditure on its behalf may not receive or spend, in a campaign for state or local office, campaign funds in excess of one thousand dollars ($1,000) that were raised by a principal campaign committee of a federal candidate.
(b) Any person who intentionally receives or expends campaign funds in violation of subsection (a) shall be guilty, upon conviction, of a Class C felony.
(Act 2010-765, 1st Sp. Sess., p. 38, §3; Act 2013-311, p. 1060, §1.)
(a) No principal campaign committee, political action committee, or political party may accept any contribution made with a credit card via the Internet unless, at the time of making the contribution: (i) the person making the contribution provides to the principal campaign committee, political action committee, or political party the credit card verification value or code; and (ii) except as provided in subsection (b), the billing address associated with the credit card is located in the United States.
(b) If the contribution under subsection (a) is made by a U.S. citizen living outside of the United States and the credit card billing address is not a location in the United States, the individual shall provide to the principal campaign committee, political action committee, or political party, at the time of making the contribution, the mailing address of the location in the United States which the individual uses for voter registration purposes. (c) The treasurer of each principal campaign committee, political action committee, and political party shall maintain the names and addresses of each person making a contribution under this section for purposes of making reports under Section 17-5-8. (d) Any credit card processor that processes credit card contributions via the Internet to a principal campaign committee, political action committee, or political party without requiring the credit card verification value or code and a zip code located in the United States or a billing address located outside the United States is subject to a forfeiture in an amount equal to the cumulative amount of the contributions.
(Act 2026-596, §1.)
(a) It shall be unlawful for any person fraudulently to misrepresent himself or herself, or any other person or organization with which he or she is affiliated, as speaking or writing or otherwise acting for or on behalf of any candidate, principal campaign committee, political action committee, or political party, or agent or employee thereof, in a manner which is damaging or is intended to be damaging to such other candidate, principal campaign committee, political action committee, or political party.
(b) It shall be unlawful for any automated or pre-recorded communication initiated, conducted, or transmitted through an automated telephone dialing service to be conducted without providing clear notice at the ending of the phone call that the communication was a paid political advertisement and clearly identifying the person, nonprofit corporation, entity, principal campaign committee, or political action committee that paid for such communication.
(c) It shall be unlawful for any person or entity to knowingly misrepresent, in any automated or pre-recorded communication that is a political advertisement and that is initiated via an automated telephone dialing service, the identification of the person, nonprofit corporation, entity, principal campaign committee, or political action committee that paid for such communication.
(d) The Attorney General of the State of Alabama shall have full power to investigate and enforce violations of this section and any owner, employer, agent, or representative of any automated dialing service found to be in violation of this section shall be guilty upon conviction of a Class A misdemeanor as provided in Section 17-5-19.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §19; §17-22A-19; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2012-461, p. 1280, §1; Act 2013-311, p. 1060, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) ARTIFICIAL INTELLIGENCE. Any artificial system or generative artificial intelligence system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets.
(2) CREATOR. Any candidate, principal campaign committee, political party, political action committee, other political committee or entity, any employee, representative, or agent of the foregoing, or any other person who prepares, creates, or causes the preparation or creation and the dissemination of any political advertising, material, or media produced by generative artificial intelligence. The term does not include a broadcaster, cable provider, digital newspaper, online service, Internet service provider, streaming platform, or provider or developer of any technology in the generation of media by artificial intelligence, or any employee, representative, or agent thereof, solely for the distribution of a creator, sponsor, or purchaser’s political advertising, material, or media.
(3) DEPICTED INDIVIDUAL. An individual who is falsely represented in materially deceptive media.
(4) ELECTION. A federal, state, legislative, judicial, countywide, local, general, primary, runoff, or special election.
(5) MATERIALLY DECEPTIVE MEDIA. Any image, audio, or video that meets all of the following requirements:
a. The media falsely depicts an individual engaging in speech or conduct in which the depicted individual did not in fact engage.
b. A reasonable viewer or listener would incorrectly believe that the depicted individual engaged in the speech or conduct depicted.
c. The media was produced by artificial intelligence.
(6) SPONSOR. A person at whose request or on whose behalf any political advertisement, material, or media is created, prepared, placed, published, or disseminated.
(b) Except as provided in subsection (c), a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if all of the following apply:
(1) The person knows the media falsely represents a depicted individual.
(2) The distribution occurs within 90 days before an election.
(3) The person intends the distribution to harm the reputation or electoral prospects of a candidate in the coming election, and the distribution is reasonably likely to cause that result.
(4) The person intends the distribution to change the voting patterns of electors in the coming election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result.
(c) The prohibition in subsection (b) does not apply if all of the following conditions are met:
(1) The creator, sponsor, or purchaser includes a disclaimer in any presentation of the media informing the viewer both that the media has been manipulated by technical means and depicts speech or conduct that did not occur. The following disclaimer is sufficient, but not necessary, to satisfy the requirements of this subdivision:
“This media has been manipulated by technical means and depicts speech or conduct that did not occur.”
(2) If the media is a video, the disclaimer meets all of the following requirements:
a. Appears throughout the entirety of the video.
b. Is clearly visible to and readable by the average viewer.
c. Is in letters in a size that is easily readable by the average viewer.
d. Is in the same language as the language used in the video media.
(3) If the media consists only of audio and contains no image or video, the disclaimer is read at the beginning and end of the media in a clearly spoken manner, in a pitch that can be easily heard by the average listener, and in the same language as the audio media.
(4) If the media is an image, the disclaimer meets all of the following requirements:
a. Is clearly visible to and readable by the average viewer.
b. Is in the same language as the language used in the image media.
(5) If the media was generated by editing an existing image, audio, or video, the media includes a citation directing the viewer or listener to the original source from which the unedited version of the existing image, audio, or video was obtained.
(d)(1) A violation of subsection (b) is a Class A misdemeanor, except that a second or subsequent conviction within five years is a Class D felony.
(2) Distribution of material that is prohibited by subsection (b) shall not be a violation if the distributor does not have actual knowledge that the material is prohibited, the distributor does not intend to injure or harm the reputation or prospects of the depicted individual, influence an election, the results of an election, or the voting patterns in an election, or deter any individual from voting in an election, and the distributor is: (i) an Internet website, interactive computer service, or radio or television broadcasting station, including, but not limited to, a cable or satellite television operator; (ii) a regularly published newspaper, magazine, or other periodical, including, but not limited to, an Internet or electronic publication, programmer, or producer; or (iii) a website or streaming service, including, but not limited to, an information service as defined in 47 U.S.C. § 153.
(e)(1) This section shall not be construed to alter any rights, obligations, or immunities created by 47 U.S.C. Chapter 5 or under the regulations of the Federal Communications Commission pertaining to the broadcast or distribution of political programming or campaign advertising, or under any other federal law.
(2) This section shall not be construed to alter any rights, obligations, or immunities created by 47 U.S.C. § 230.
(3) This section shall not apply to content that constitutes satire or parody which is substantially dependent on the ability of an individual to impersonate a candidate physically or verbally and not upon technology or artificial intelligence.
(4) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, streaming provider, Internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest that distributes any materially deceptive media prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event if the broadcast or publication clearly acknowledges, through content or disclosure, in a manner that can easily be heard and understood by the average listener or viewer, that there are questions about the authenticity of the media.
(f) A distributor shall not intentionally remove a disclaimer included with any media by the creator, sponsor, or purchaser of the media.
(g)(1) All of the following may seek permanent injunctive relief against a person that violates this section:
a. The Attorney General.
b. A depicted individual.
c. A candidate for office who has been injured or is likely to be injured by the distribution of materially deceptive media.
d. Any entity that represents the interests of voters likely to be deceived by the distribution of materially deceptive media.
(2)a. If a court determines that a complaint for permanent injunctive relief filed pursuant to subdivision (1) is frivolous, the court shall issue an order suspending the defendant’s obligation to respond to the complaint and shall order the plaintiff to show cause why the complaint should not be dismissed. If the plaintiff fails to respond to the court or the plaintiff’s response to the court confirms that the complaint is frivolous, the court shall dismiss the complaint and may award costs and attorney fees to the defendant and may issue any appropriate sanctions against the plaintiff and the plaintiff’s attorney.
b. If the plaintiff’s response to the court assures the court that the complaint is not frivolous, the court shall direct the defendant to answer the complaint.
(3) A plaintiff seeking permanent injunctive relief under subdivision (1) must prove by clear and convincing evidence that the defendant against whom the injunction is sought knew the media at issue falsely represented the depicted individual.
(4) If a plaintiff other than the Attorney General is awarded permanent injunctive relief under this section, the court may award costs and attorney fees to the plaintiff.
(Act 2024-349, §§1-3.)
It shall be unlawful for any person, principal campaign committee, or political action committee established pursuant to this chapter or for any person acting on behalf of such person or committee, to solicit or secure any money or anything of value by physical force, job discrimination or financial reprisals, or by threats thereof or by the imposition of dues, fees, or other moneys required as a condition of employment.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §20; §17-22A-20; amended and renumbered by Act 2006-570, p. 1331, §24.)
[Repealed]
Repealed by Act 2013-311, §3, effective August 1, 2013.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §21; §17-22A-21; amended and renumbered by Act 2006-570, p. 1331, §24.)
(a) Except as otherwise provided in this section, a person who intentionally violates any provision of this chapter shall be guilty, upon conviction, of a Class A misdemeanor.
(b) A person who intentionally violates any reporting requirement of Sections 17-5-4, 17-5-5, or 17-5-8 shall be guilty, upon conviction, of a Class A misdemeanor. A person’s failure to promptly file a required report upon discovering or receiving notice from any person that the report has not been filed, or the failure to promptly correct an omission, error, or other discrepancy in a filed report upon discovering or receiving notice of the discrepancy, shall create a rebuttable presumption of intent to violate the applicable reporting requirement.
(c) Any person who intentionally violates Section 17-5-7 shall be guilty, upon conviction, of a Class B felony.
(d) The Attorney General or district attorney for the appropriate jurisdiction may prosecute violations of this chapter. Venue for cases involving violations of this chapter shall be in the county in which the violation occurred or the county in which the alleged violator resides or is incorporated. If the alleged violator resides or is incorporated outside of the State of Alabama or if the violation or violations occurred outside the State of Alabama, venue shall be in Montgomery County.
(e) No prosecution for violation of this chapter shall be commenced later than two years after the date of violation. Notwithstanding the foregoing, a prosecution brought pursuant to Section 17-5-7 shall be commenced within four years after the commission of the offense.
(Acts 1988, 1st Ex. Sess., No. 88-873, p. 397, §23; §17-22A-23; amended and renumbered by Act 2006-570, p. 1331, §24; Act 2013-311, §1; Act 2015-495, §1.)
(a) The Secretary of State shall levy a civil penalty against any person who fails to timely file a report required by this chapter and who does not remedy the filing of the report pursuant to subsection (h). The State Ethics Commission may levy an administrative penalty against any person who files a materially inaccurate report required by this chapter and who does not remedy the filing of the report pursuant to subsection (g).
(b) The schedule of civil penalties shall be as follows:
(1) The lesser of three hundred dollars ($300) or 10 percent of the amount of contributions or expenditures not properly reported for a first offense in an election cycle.
(2) The lesser of six hundred dollars ($600) or 15 percent of the amount of contributions or expenditures not properly reported for a second offense in an election cycle.
(3) The lesser of one thousand two hundred dollars ($1,200) or 20 percent of the amount of contributions or expenditures not properly reported for a third or subsequent offense in an election cycle.
(c) A fourth failure to timely or accurately file a report in an election cycle shall create a rebuttable presumption of intent to violate the reporting requirements of this chapter. The Secretary of State shall notify the Attorney General and the appropriate district attorney of all persons who violate the filing requirements four or more times in an election cycle.
(d) Upon imposition of a civil penalty pursuant to this section, the Secretary of State shall send the person upon whom the penalty is being imposed proper notification by certified mail of the imposition of the penalty. If an electronic mail address is on file with the Secretary of State, the Secretary of State shall also provide notification by electronic mail.
(e) Civil penalties levied shall be paid to the Secretary of State within 45 days of the finality of any review. The Secretary of State, through his or her attorney, may institute proceedings to recover any penalties ordered pursuant to this section that are not paid by, or on behalf of, the person against whom they are levied and may collect necessary fees and costs associated with the collection action.
(f) All penalties collected by the Secretary of State shall be distributed to the State General Fund.
(g) A person who voluntarily files an amended report to correct an error in an otherwise timely filed report without being prompted by the Secretary of State shall not have committed an offense or be subjected to a civil penalty under this section, so long as, in the case of a candidate, the corrected report is filed prior to the election at issue, and so long as, in the case of a political action committee, the corrected report is filed prior to the close of the calendar year.
(h) Failure to file a timely report shall not be considered an offense or subjected to a civil penalty pursuant to subsection (a) so long as it is the first failure by that candidate or political action committee for the election cycle and the report is filed within 48 hours of the time it was due.
(i) Any penalties assessed pursuant to this section may be paid with campaign funds.
(Act 2015-495, p. 1728, §2; Act 2021-314, §1.)
(a) Any person upon whom a civil penalty has been imposed pursuant to Section 17-5-19.1 may seek a review of the penalty by filing a written notice with the Secretary of State no later than 14 days after the date on which notification of the imposition of the penalty was mailed to the person’s last known address in accordance with Section 17-5-19.1. The Secretary of State shall refer the review to the State Ethics Commission.
(b) The commission may set aside or reduce a civil penalty upon a showing of good cause. The person seeking review shall bear the burden of proof.
(Act 2015-495, p. 1728, §2; Act 2021-314, §1.)
(a) A candidate, or in the case of a political action committee, the chair or treasurer, may appoint a designated filing agent on a form prescribed by the Secretary of State. Upon receiving a notice of appointment of designated filing agent, the Secretary of State, as soon as practicable, shall take the necessary steps to enable the designated filing agent to electronically submit any report or other filing required by this chapter on behalf of his or her principal.
(b) The submission of a timely, complete, and correct report or other filing required by this chapter by a designated filing agent shall satisfy the filing or reporting requirement of the designated filing agent’s principal; however, the appointment of a designated filing agent does not itself absolve any person having a duty to submit any report or other filing under this chapter of liability for failure to timely submit such filing, for filing a false, incomplete, or inaccurate report, or for any other violation under this chapter.
(c) The submission of a report or other filing required by this chapter by a designated filing agent creates a rebuttable presumption that the submission was approved and intended by the candidate, his or her principal campaign committee, or the political action committee or treasurer thereof. Notwithstanding the foregoing, it is a defense to prosecution that the designated filing agent acted beyond the scope of his or her authority.
(Act 2013-311, p. 1060, §2.)
The Secretary of State is authorized to promulgate administrative rules pursuant to the Alabama Administrative Procedure Act as necessary to implement and administer the Alabama Fair Campaign Practices Act.
(Act 2015-495, §2.)
It is the purpose of this chapter to provide for participation by the State of Alabama in programs of the Bureau of the Census of the United States Department of Commerce which provide for furnishing census information to the states for purposes of reapportionment, pursuant to federal laws for that purpose. It is further the purpose of this chapter to reduce voter confusion and facilitate the election process in Alabama.
(Acts 1989, No. 89-952, p. 1874, §1; §17-5A-1; amended and renumbered by Act 2006-570, p. 1331, §27.)
(a) The governing body of each county shall establish precincts, define the territorial limits for which each precinct is established, prescribe their boundaries using the most recent federal decennial census tract and block map, and designate the precincts. The governing body of each county shall, by resolution, adopt the establishment and boundaries of each precinct in accordance with the timetable as set forth herein.
(b) Each precinct shall be a contiguous, compact area having clearly defined and clearly observable boundaries coinciding with visible features readily distinguishable on the ground such as designated highways, roads, streets, or rivers or be coterminous with a county boundary.
(c) Each county governing body shall provide and maintain at all times a suitable map showing the current geographical boundaries with designation of precincts and a legal description of the geographical boundaries of each precinct. Each county governing body shall send a copy of each map, with description attached, to the county board of registrars, the judge of probate, and the Permanent Legislative Committee on Reapportionment. All features, names, titles, and symbols on the map shall be clearly shown and legible. Each map sheet shall indicate the date of the base map or the date of last revision.
(d)(1) In complying with the provisions of this section for the establishment of precincts and the prescription of their boundaries, each county governing body and the board of registrars shall coordinate with the Permanent Legislative Committee on Reapportionment or their designees, pursuant to their authority to submit a plan for census data for reapportionment under the provisions of Section 199 of the Constitution of Alabama of 1901, and shall adopt or adjust precinct boundaries as may be necessary to comply with this section.
(2) Each county governing body shall by resolution adopt a proposal for the establishment or adjustment of precinct boundaries, in compliance with this section. Any establishment of a precinct or adjustment of a precinct boundary that complies with this section shall be effective for the purpose of establishing block boundaries for the federal decennial census and for all other election purposes.
(Acts 1989, No. 89-952, p. 1874, §3; §17-5A-3; amended and renumbered by Act 2006-570, p. 1331, §26.)
(a) Except as may be provided further by local election laws or by the electronic vote counting statutes, the counties in this state, as divided pursuant to this chapter into election precincts, and the boundaries of such precincts shall so remain until changed by order of the county governing body, but the county governing body, at its first regular meeting in March in each even-numbered year, shall subdivide any election precinct in which there are more than 2,400 qualified voters and electronic voting machines are used into voting districts or shall divide alphabetically the list of qualified voters in such precincts into groups and assign each qualified voter a designated voting place so as to provide an electronic voting machine for every person legally entitled to vote at a polling place at which not more than 2,400 votes on a single electronic voting machine will be cast.
(b) Except as may be provided further by local election laws, the county governing body, at its first regular meeting in March in each even-numbered year, shall in their respective counties examine the state voter registration list, and if it shall appear from such examination and from other available sources of information that it is anticipated in any election precinct as constituted pursuant to this chapter in which electronic voting machines are used that more than 2,400 qualified votes will be cast by electronic voting machines, they shall immediately provide additional electronic voting machines at established polling places in such precinct and shall authorize the judge of probate to separate the list of qualified registered voters in the precinct, as shown by the state voter registration list as reported for the county, into groups in alphabetical order so that no group in a precinct where electronic voting machines are used shall cause a single electronic voting machine to record more than 2,400 votes.
(c) If the manufacturers’ recommended maximum number of ballots is less than 2,400, then that recommended number shall be used to determine the number of electronic voting machines.
(d) Whenever any election precinct has been subdivided into voting districts, pursuant to subsection (a) or (b), the county governing body making the subdivision shall immediately cause a description of the boundaries of the voting districts to be filed in the office of the judge of probate and with the board of registrars and shall post a copy thereof at the county courthouse.
(e) The precincts shall be named and designated by the county governing body numerically or alphabetically or by a combination thereof in a manner that shall be uniform statewide as determined by the Association of County Commissions and approved by the Permanent Legislative Committee on Reapportionment.
(Acts 1989, No. 89-952, p. 1874, §4; Act 2003-313, p. 733, §2; §17-5A-4; amended and renumbered by Act 2006-570, p. 1331, §27.)
(a) Except as may be provided further by local election laws or by the electronic vote counting statutes, the county governing bodies shall designate the places of holding elections in the precincts established hereunder, and, whenever the county has alphabetically divided the list of registered qualified voters of a precinct into groups, it shall designate not only the voting place but also the number of electronic voting machines at each voting place in the precinct, being sure that it designates an electronic voting machine for each group of qualified voters. The county governing body shall provide for installing as many electronic voting machines as are needed in each precinct, and the electronic voting machines may be installed at one designated voting place or there may be more than one voting place designated and such number of electronic voting machines installed at each place as needed to provide for the voters authorized to vote at each place. No electronic voting machine, or voting machine of any kind, shall be installed or operated except as designated for installation and operation during an election within the interior of an enclosed building designated as a voting place pursuant to this section. No election officer or poll worker shall take a ballot into or out of any voting place, except in the performance of his or her authorized or official duties that include only the pre-election and post-election transporting of ballots to and from voting places as part of established election procedures. The county governing body shall file with the judge of probate of the county and with the board of registrars, along with a copy of its order fixing the boundaries of a precinct, the names of voting places indicating in those precincts in which the voters have been alphabetically divided into groups and the voting places and electronic voting machines at which each alphabetical group shall vote and shall post the list of voting places at the county courthouse.
(b) The judge of probate, within five days after the county governing body of any county files with him or her the boundaries of the election precincts and the names of the voting places therein, shall give notice of the same by publication in a newspaper of general circulation published in the county and shall have the same posted by the sheriff at the courthouse and at two public places in the election district of the precinct. The notice shall describe the election precincts by their numbers and shall specify the place therein where elections are to be held.
(c) Where election precincts have been subdivided into voting districts, no voter in any election held thereafter shall vote at any place other than the voting district in which the voter at the time is registered as a qualified elector. Notwithstanding the foregoing, any county, by local law, may establish voting centers by combining voters from two or more precincts in order to create a voting center in order to facilitate or reduce costs for elections.
(d) Except as provided further by local election laws or by the electronic vote counting laws, whenever voting places are once designated and established as required by this section, the voting places for precincts shall not be changed within three months before an election is to be held. When the boundaries of election precincts are changed, the county governing body shall forthwith designate and establish at least one voting place for every 2,400 voters in each election precinct so created. Voting places shall be the same for all elections, whether primary, general, or special, or federal, state, district, or county.
(e) The courthouse is the voting place in the precinct in which it is situated unless another place for that purpose is designated by the county governing body. Elections must be held at places in the other precincts as may be designated by the county governing body.
(Acts 1989, No. 89-952, p. 1874, §5; Act 2003-313, p. 733, §2; §17-5A-5; amended and renumbered by Act 2006-570, p. 1331, §27; Act 2021-535, §1.)
The judge of probate shall prepare a separate, correct alphabetical list of all the names of qualified electors or voters for each voting place from the state voter registration list, pursuant to Sections 17-4-1 and 17-4-2, for all elections hereafter held in this state, whether primary, general, or special, or federal, state, district, or county, and, except for municipal elections, shall certify separately for each voting place, to the election officials appointed for holding the election, which election official shall be an elector qualified to vote only in the box at the place for which he or she is chosen to serve, a list containing only the names of the voters or qualified electors entitled to vote at the voting place. Nothing in this section shall prevent a series of lists of names of voters or electors of other voting places from being certified by the judge of probate on the same general list for information. A vote cast at a place other than the voting place at which the voter is entitled to vote shall be illegal.
(Acts 1989, No. 89-952, p. 1874, §6; Act 2003-313, p. 733, §2; §17-5A-6; amended and renumbered by Act 2006-570, p. 1331, §27.)
(a) The county governing body shall have sole authority to change the configuration, boundaries, or designation of an election precinct. Any change so determined shall be adopted by resolution of the county governing body.
(b) A county governing body shall only change a precinct by dividing the precinct into two or more precincts except when in order to make it more convenient for voters to vote, or to facilitate the administration of the election process, or to accomplish reapportionment, it becomes necessary to consolidate all or part of a precinct with adjacent precincts, a part or parts may be consolidated.
(c) Except as may be provided further by local election laws or by the electronic vote counting statutes, whenever at any general or primary election it is anticipated over 2,400 votes will be cast on an electronic voting machine , the county governing body shall adjust the boundary lines of the election precincts or shall authorize the judge of probate to separate the list of qualified registered voters in such precinct into alphabetical groups so as to provide one electronic voting machine for every 2,400 votes or fraction thereof cast and may divide or consolidate any number of precincts and resubdivide the same in order that not more than 2,400 votes shall be cast on a single electronic voting machine and voters are authorized to vote at only one place.
(d) In changing any precinct boundary, the county governing body shall comply with the requirements of Section 17-6-2.
(e) Within 30 days after the adoption of any resolution as provided in this section, the county governing body shall send to the Permanent Legislative Committee on Reapportionment a certified copy of the resolution and a copy of a map showing the new precinct boundaries together with a written description of such boundaries.
(Acts 1989, No. 89-952, p. 1874, §7; §17-5A-7; amended and renumbered by Act 2006-570, p. 1331, §27.)
(a) The Permanent Legislative Committee on Reapportionment, or its designees, shall serve as the state liaison with the United States Bureau of the Census on all matters related to the tabulation of population and other census information for purposes of reapportionment. The Permanent Legislative Committee on Reapportionment may submit to the bureau, on behalf of the state, a plan identifying the geographic areas for which specific tabulations of population or other census information are desired for reapportionment purposes, in accordance with criteria established by the United States Secretary of Commerce, and may supply such other information as may be required by the Census Bureau or the Secretary of Commerce in order to furnish the state such tabulations.
(b) The Permanent Legislative Committee on Reapportionment shall furnish the county governing bodies and the county boards of registrars such information and assistance as is necessary in order to enable them to comply timely with the Census Bureau requirements.
(Acts 1989, No. 89-952, p. 1874, §8; §17-5A-8; amended and renumbered by Act 2006-570, p. 1331, §27.)
All state and county agencies and officials shall cooperate with the Permanent Legislative Committee on Reapportionment in carrying out the purposes of this chapter and shall cooperate with the Permanent Legislative Committee on Reapportionment in the development of all information, maps, and other data as is needed to comply with requirements of the Census Bureau. Failure to comply with the provisions of this chapter shall be a Class B misdemeanor punishable as prescribed by law.
(Acts 1989, No. 89-952, p. 1874, §9; §17-5A-9; amended and renumbered by Act 2006-570, p. 1331, §27.)
The provisions of this article shall have no effect on the conduct of municipal elections of this state. It is further specifically provided that nothing herein contained shall be construed to require any municipality to establish single or multiple representation districts for the election of municipal officials in this state. It is further provided that all general or local provisions of law regarding the conduct of municipal elections are hereby expressly preserved.
(Acts 1989, No. 89-952, p. 1874, §10; §17-5A-10; amended and renumbered by Act 2006-570, p. 1331, §27.)
In all elections held in this state on any subject which may be submitted by law to the vote of the people and for all or any state, county, district, or municipal officers, the voting shall be by official ballot prescribed by law; but this section shall not apply to elections held for trustees of public schools or other local elections which are otherwise specifically provided for.
(Code 1896, §1605; Code 1907, §389; Code 1923, §479; Code 1940, T. 17, §165; §17-8-1; amended and renumbered by Act 2006-570, p. 1331, §29.)
(a) The official ballots shall contain the names of all candidates nominated by caucus, convention, mass meeting, primary election, or other assembly of any political party or faction, or by petition of electors and certified as provided in Section 17-9-3, but no individual’s name shall be printed upon the ballots who, within the time period set forth in subsection (c), notifies the judge of probate in writing, acknowledged before an officer authorized by law to take acknowledgments, that he or she will not accept the nomination specified in the certificate of nomination or petition of electors. The name of each candidate shall appear but one time on the ballot and under only one emblem.
(b) A nomination for a candidate in a primary or general election shall be finalized by the respective state executive committees not later than 71 days before the primary or general election. Any amendment to a certification of a candidate by a state executive committee shall be filed with the judge of probate in the case of a county office, or the Secretary of State in the case of a state or federal office. Any amendment filed after the 71st day before a primary or a general election shall be accepted by the judge of probate or the Secretary of State but shall not be cause for reprinting of the ballots. The name of a candidate who is the subject of the amendment and who is disqualified by a political party or who has withdrawn as a candidate shall remain on the ballot, not be replaced by the name of another candidate, and the appropriate canvassing board shall not certify any votes for the candidate. Any amendment to a certification to correct the spelling of the name of a candidate that is filed after the 71st day before a primary or general election, or after the printing of absentee ballots for a primary runoff election has commenced, shall not be cause for reprinting of the ballots and shall not affect the counting or certification of any votes cast for the candidate.
(c) The notification deadline for individuals who do not wish to accept nomination in a primary election is 71 days before the date of the election. An individual who does not wish to accept nomination in a second primary election shall submit the notification set forth in subsection (a) before the printing of absentee ballots. The notification deadline for individuals who do not wish to accept nomination in a general election is 71 days before the date of the election. In the event that a candidate submits a notification of withdrawal after the applicable deadline, the name of the candidate shall remain on the ballot and the appropriate canvassing board may not certify any votes for the candidate.
(Code 1896, §1607; Code 1907, §373; Acts 1909, No. 110, p. 277; Code 1923, §463; Code 1940, T. 17, §148; §17-8-2; amended and renumbered by Act 2006-570, p. 1331, §29; Act 2014-6, p. 21, §1; Act 2024-168, §1.)
(a) No political party, except those qualified as a political party under Chapter 13, shall be included on any general election ballot unless:
(1) The party shall have filed with the Secretary of State or other appropriate official on the date of the first primary election a list of the signatures of at least three percent of the qualified electors who cast ballots for the office of Governor in the last general election for the state, county, city, district, or other political subdivision in which the political party seeks to qualify candidates for office; and unless
(2) The party shall have fulfilled all other applicable requirements of federal, state, or local laws.
(b) The provisions of this section are supplemental to the provisions of Chapter 13, and other laws regarding the conduct of elections in Alabama, and shall repeal only those laws or parts of laws in direct conflict herewith.
(Acts 1982, No. 82-572, p. 1064, §§1, 2; Acts 1995, No. 95-786, p. 1872, §1; Act 2001-1131, 4th Sp. Sess., p. 1211, §2; §17-8-2.1; amended and renumbered by Act 2006-570, p. 1331, §29.)
There shall be provided at each polling place at each election at which public officers are voted for, but one form of ballot for all the candidates for public office, and every ballot shall contain the names of all candidates whose nominations for any office specified on the ballot have been duly made and not withdrawn, as provided in this chapter, together with the title of the office, arranged in tickets under the titles of the respective political parties or independent bodies as certified in the certificates of nomination. When electors for the President and Vice President of the United States are to be elected, the names of the candidates for President and Vice President shall be listed on the ballot, but not the names of the electors.
(Code 1907, §378; Code 1923, §468; Code 1940, T. 17, §153; §17-8-3; amended and renumbered by Act 2006-570, p. 1331, §29.)
(a) All ballots shall be in accordance with the provisions of this chapter and shall contain a party emblem for each political party represented on the ticket. The arrangement of the ballot shall in general conform substantially to the plan hereinafter given, and in all cases the party columns must be placed in alphabetical order, beginning on the left of the ballot. The list of candidates of the several parties shall be printed in parallel and perpendicular columns, each column to be headed by the chosen device of such party and the party name or other designation in such order as the Secretary of State may direct. The number of columns shall exceed by one the number of separate tickets of candidates to be voted for at the polling place for which the ballot is provided, and in the appropriate place the words vote for one (or two or other number, as the case may be) to indicate the number which may be elected to each office. On the right of each ballot shall be a column in which shall be printed only the titles of the office for which candidates may be voted for by the electors at the polling places for which the ballot is printed. The column is designated as “blank column,” and in such column the voting spaces shall be omitted, but in all other respects such blank column shall be a duplicate of the political party columns upon such ballot.
(b) The ballot style and design shall be in substantial conformity with rules promulgated by the Secretary of State under the Administrative Procedure Act.
(Code 1896, §1611; Code 1907, §379; Code 1923, §469; Code 1940, T. 17, §154; §17-8-4; amended and renumbered by Act 2006-570, p. 1331, §29.)
The names of candidates for each office shall be listed on the ballot in alphabetical order by surname, and the offices shall be listed in the following order:
(1) President (if preference primary).
(2) Governor.
(3) Lieutenant Governor.
(4) United States Senator.
(5) United States Representative.
(6) Attorney General.
(7) State Senator.
(8) State Representative.
(9) Supreme Court Justice.
(10) Court of Civil Appeals Judge.
(11) Court of Criminal Appeals Judge.
(12) Secretary of State.
(13) State Treasurer.
(14) State Auditor.
(15) Commissioner of Agriculture and Industries.
(16) Public Service Commissioner.
(17) State Board of Education Member.
(18) Circuit Court Judge.
(19) District Attorney.
(20) District Court Judge.
(21) Circuit Clerk.
(22) Other public officers (to be listed in the order prescribed by the judge of probate).
(23) Delegate to national convention.
(24) Other party officers (to be listed in the order prescribed by the judge of probate).
(Acts 1975, No. 1196, p. 2349, §18; §17-16-20; amended and renumbered by Act 2006-570, p. 1331, §29; Act 2016-300, §1.)
(a) Ballots, so far as practicable, shall be in the same order of arrangement as required by Section 17-6-24, except that they shall be of the size and design required by the precinct ballot counters and may be printed upon one or more separate pages or cards. Ballots for precinct ballot counters shall be manufactured with one detachable stub and numbered sequentially within each county with the sequence number printed on the stub but not on the ballot itself. There shall be printed on each absentee ballot and ballot for precinct ballot counters the ballot style number. This ballot style number shall represent the political race makeup of the ballot.
(b) In primary elections, constitutional amendments may be printed on party ballots, provided that sufficient ballots containing only the constitutional amendments are available for those voters who do not wish to sign the pledge for a party ballot.
(c) Secrecy envelopes or folders shall be provided in sufficient quantity for use by voters in transporting their completed ballots from the voting stations to the precinct ballot counter.
(Act 2006-570, p. 1331, §30.)
The elector may write in the column under the title of the office the name of any person whose name is not printed upon the ballot for whom the elector may desire to vote. In case of nomination by independent bodies, the ballot shall be so arranged that at the right of the last column for party nomination the several tickets of the names of the independent candidates shall be printed in one or more columns according to the space required, having above each of the tickets the political or other names selected to designate such independent nominations. The ballot form shall be designated by rule promulgated by the Secretary of State under the Administrative Procedure Act.
(Code 1907, §380; Code 1923, §470; Code 1940, T. 17, §155; §17-8-5; amended and renumbered by Act 2006-570, p. 1331, §31.)
(a) Write-in votes shall be permitted only in non-municipal general elections and shall be counted as provided in this section based on one of the following:
(1) Upon a determination that the number of write-in votes for a specific office is greater than or equal to the difference in votes between the two candidates receiving the greatest number of votes for the specific office.
(2) Upon a written request satisfying the requirements in subsection (i).
(b) The ballot for a non-municipal general election must be constructed so that the voter can mark a write-in vote for each office in the same manner that votes are registered for regular candidates. In order to cast a valid write-in vote, the voter must (1) write the name on the ballot and (2) register the vote by a mark in the space designated for that office. A write-in vote that is not registered as provided above shall not be considered a valid write-in vote and shall not be included in determining the number of write-in votes cast for a specific office as required in this section. If a voter registers a vote for a name on the ballot and then writes in another name for the same office but fails to register the write-in vote, the ballot shall be treated as if no write-in vote had occurred and the regular vote shall be counted. If a properly registered write-in vote causes an over-vote, it shall be treated as any other over-vote and none of the votes for the over-voted office shall be counted. However, the remainder of the ballot shall be counted. When counting write-in votes, poll officials must check for over-votes if the electronic ballot counter does not perform the function.
(c) Upon the closing of the polls, all write-in votes, which may be in the form of a ballot or, if an electronic voting system is utilized in the polling place, a ballot image, results tape, or other media as prescribed by the Secretary of State by administrative rule, from each polling place in the county shall be returned to a central location in the county as determined by the judge of probate where the canvassing board shall determine the number of write-in votes cast for each office on the ballot, ballot image, results tape, or other media as prescribed by the Secretary of State by administrative rule. The chair of each local political party as defined in Section 17-13-40, any person whose name is on the ballot as an independent, and any announced or known write-in candidates shall be given a minimum of 24 hours notice of the time and place where the canvassing board will meet to determine the number of write-in votes cast for each office on the ballot, ballot image, results tape, or other media prescribed by the Secretary of State by administrative rule and shall be permitted to be present when the determination is made. The county, at its discretion, may appoint and compensate poll workers to assist the canvassing board in determining the number of write-in votes for each office. After the determination of the number of write-in votes cast for each office has been made, the canvassing board shall take the following actions:
(1) For federal and state offices on the ballot, prepare and transmit to the Secretary of State not later than 5:00 p.m. on the first Friday following the election a written report itemizing the number of write-in votes cast for each separate federal or state office on the ballot and the total votes cast for each of the candidates receiving the greatest number of votes for each federal or state office on the ballot in the county.
(2) For each specific county office on the ballot, determine whether the number of write-in votes cast is greater than or equal to the difference in votes between the candidates receiving the greatest number of votes for the specific county office.
(3) Post a notice stating the number of write-in votes cast in each office on the ballot and, for each specific county office on the ballot, stating whether the number of write-in votes cast for the office is greater than or equal to the difference in votes between the candidates receiving the greatest number of votes for the specific county office. The notice shall be posted on the door of the courthouse and any other place deemed appropriate by the canvassing board including, but not limited to, a county website.
(d) Upon determining the number of write-in votes as required in subsection (c), all ballots, ballot images, or results tapes with write-in votes shall be delivered to the sheriff who shall securely keep the ballots, ballot images, or results tapes in the same manner as provisional ballots are kept pursuant to subsection (d) of Section 17-10-2.
(e) Upon receipt of all county reports setting out the number of write-in votes for each federal or state office, the Secretary of State shall determine whether the number of write-in votes cast statewide for any specific federal or state office is greater than or equal to the difference in votes between the candidates receiving the greatest number of votes for that office. In the event the Secretary of State determines that the number of write-in votes cast statewide for any federal or state office is greater than or equal to the difference in votes between the candidates receiving the greatest number of votes for that office, not later than noon on the first Monday following the election, the Secretary of State shall notify each judge of probate from a county where write-in votes for that office were cast that the write-in votes for that office shall be counted and reported as provided in this section.
(f) When the number of write-in votes for any specific office is greater than or equal to the difference in votes between the candidates receiving the greatest number of votes for that office write-in votes shall be counted at the same time and in the same manner as provisional ballots are counted pursuant to subsection (f) of Section 17-10-2.
(g) Any qualified elector who disputes the determination regarding the counting of write-in votes cast for any particular office on the ballot made by either the canvassing board or the Secretary of State may file a written objection as follows, stating with specificity the grounds for objection:
(1) For objections to the determination made by a canvassing board for a specific county office, the objection shall be filed with the canvassing board prior to the date ballots are due to be counted pursuant to subsection (f).
(2) For objections to the determination made by the Secretary of State for a specific federal or state office, the objection shall be filed with the Secretary of State prior to the date ballots are due to be counted pursuant to subsection (f).
Any written objection filed pursuant to this subsection shall be reviewed by the canvassing board for objections filed under subdivision (1) or by the Secretary of State for objections filed under subdivision (2). If it is determined the objection has merit, write-in ballots cast in the office subject to the objection shall be counted pursuant to subsection (f).
(h) Any expenses incurred by a county for the counting of write-in votes shall be a reimbursable expense as provided in Chapter 16.
(i) In addition to the requirement to count write-in votes as provided in this section, any qualified elector who voted in an election may request that write-in votes for a specific county office on a ballot be counted provided the request is made in writing to the judge of probate in the county where the elector voted no later than 5:00 p.m. on the first Friday following the election and is accompanied by a bond or certified check in an amount sufficient to cover the cost of the count as determined by the judge of probate. Any qualified elector who voted in an election may request that write-in votes for a federal or state office on a ballot to be counted, provided the request is made in writing to the Secretary of State not later than 5:00 p.m. on the first Friday following the election and is accompanied by a bond or certified check in an amount sufficient to cover the cost of the count as determined by the Secretary of State. Any write-in vote count authorized under this subsection shall take place at the same time and in the same manner as provisional ballots are counted pursuant to subsection (f) of Section 17-10-2.
(Act 2006-570, p. 1331, §32; Act 2016-450, 1st Sp. Sess., §1.)
Each political party, by its state party convention or state executive committee, shall adopt, prepare, and file with the Secretary of State, at least 60 days before each election for state officers, an original copy and a copy in a digital or other electronic format acceptable by the Secretary of State of an emblem to be printed at the top of the column of such ballot assigned to such party, as a distinctive and characteristic heading thereof; and such emblem shall not be more than one inch and a half square. No party shall adopt an emblem similar in appearance to an emblem already adopted by another political party or organization, and the Secretary of State, upon the presentation or offer of any emblem which in his or her opinion is so like any other emblem already filed as to be likely to mislead any voter, shall forthwith notify the committee or any officer thereof or any person sending or offering such emblem of such similarity or resemblance and shall require such party, organization, or committee to adopt, prepare, and file another emblem. The emblem, once adopted, prepared, and filed as required, shall continue the emblem of the party adopting it until it is changed by the same or like authority as prepared, adopted, and filed the original emblem, and the changed emblem, as prepared and adopted, if filed and accepted by the Secretary of State as in case of the original emblem.
(Code 1907, §374; Code 1923, §464; Code 1940, T. 17, §149; §17-8-6; amended and renumbered by Act 2006-570, p. 1331, §33.)
The Secretary of State shall send a copy of the emblem adopted by each political party with a certification of the ballot to each judge of probate in the state of the adoption of the emblem by the political party filing it.
(Code 1907, §375; Code 1923, §465; Code 1940, T. 17, §150; §17-8-7; amended and renumbered by Act 2006-570, p. 1331, §33.)
The coat of arms or seal of any state or the United States, or the national flag, or the likeness of any person, living or dead, or religious emblem or symbol of any secret or fraternal organization or society, or the symbol of any industrial organization or a representation of a coin or the currency of the United States shall not be used as an emblem.
(Code 1907, §376; Code 1923, §466; Code 1940, T. 17, §151; §17-8-8; amended and renumbered by Act 2006-570, p. 1331, §33.)
When there is a division of any political party and each faction claims the party emblem, the judge of probate shall at once certify the fact to the chair of the state executive committee of that party, who shall within 10 days notify the judge of probate which ticket is entitled to the party emblem, and the judge of probate shall be governed by the decision of the chair, whereupon the other factions may file with the judge of probate an emblem to be used in that election only.
(Code 1907, §377; Code 1923, §467; Code 1940, T. 17, §152; §17-8-9; amended and renumbered by Act 2006-570, p. 1331, §33.)
Whenever nominations for two or more offices of the same classification are to be made, or whenever candidates are to be elected to two or more offices of the same classification at the same primary, general, special, or municipal election, each office shall be separately designated by number on the official ballot as “Place No. 1,” “Place No. 2,” “Place No. 3” and so forth; and the candidates for each place shall be separately nominated or elected, as the case may be. Each candidate for nomination for such office shall designate in the announcement of his or her candidacy and in his or her request to have his or her name placed on the official primary ballot the number of the place for which he or she desires to become a candidate. The name of each qualified candidate shall be printed on the official ballot used at any such election beneath the title of the office and the number of the place for which he or she is seeking nomination or election. No person shall be a candidate for more than one such place; provided, that this provision shall not apply to counties having a population of 500,000 or more according to the last or any subsequent federal census, except as to judicial officers and members of Congress.
In the case of elections for district court judges, circuit court judges, and appellate court judges, the Administrative Office of Courts shall recommend ballot places to the Secretary of State no later than December 1st of the year prior to the election.
(Acts 1961, Ex. Sess., No. 221, p. 2234, §1; §17-8-10; amended and renumbered by Act 2006-570, p. 1331, §33.)
Every voter in Alabama shall have the right to vote a secret ballot, and that ballot shall be kept secret and inviolate.
(Acts 1939, No. 209, p. 361; Code 1940, T. 17, §156; §17-8-11; amended and renumbered by Act 2006-570, p. 1331, §33.)
If the elector desires to vote a straight party ticket, that is, for each and every candidate for one party for whatever office nominated, he or she shall mark the name of the party at the head of the ticket in the manner determined by a rule adopted by the Secretary of State under the Administrative Procedure Act.
(Code 1896, §1622; Code 1907, §381; Code 1923, §471; Code 1940, T. 17, §157; §17-8-15; amended and renumbered by Act 2006-570, p. 1331, §33.)
When only one candidate is to be elected to any office and the elector desires to vote for a candidate not on the straight party ticket, the elector may mark the name of the candidate for whom he or she desires to vote on the ballot.
(Code 1907, §382; Code 1923, §472; Code 1940, T. 17, §158; §17-8-16; amended and renumbered by Act 2006-570, p. 1331, §33.)
When two or more candidates are to be elected to the same office and the elector desires to vote for candidates on different party tickets for such office, the elector may mark the names of the candidates for whom he or she desires to vote on the ballot.
(Code 1907, §383; Code 1923, §473; Code 1940, T. 17, §159; §17-8-17; amended and renumbered by Act 2006-570, p. 1331, §33.)
If the elector desires to vote a split ticket, that is, for candidates of different parties, the elector may mark the voting space by the name of each candidate for whom the elector desires to vote on whatever ticket the candidate may be.
(Code 1907, §384; Code 1923, §474; Code 1940, T. 17, §160; §17-8-18; amended and renumbered by Act 2006-570, p. 1331, §33.)
If the ballot marked for a straight party ticket does not contain the names of candidates for all offices for which the elector may vote, the elector may vote for candidates for such offices so omitted by marking the names of candidates for such offices on other tickets, or by writing the names, if they are not printed, upon the ballot in the blank column under the title of the office.
(Code 1907, §385; Code 1923, §475; Code 1940, T. 17, §161; §17-8-19; amended and renumbered by Act 2006-570, p. 1331, §33.)
If the elector desires to vote for any person whose name does not appear upon the ballot, he or she can so vote by writing the name in the proper place on the blank column.
(Code 1907, §386; Code 1923, §476; Code 1940, T. 17, §162; §17-8-20; amended and renumbered by Act 2006-570, p. 1331, §33.)
Whenever a constitutional amendment is submitted to a vote of the qualified electors the substance or subject matter of each proposed amendment shall be so printed that the nature thereof shall be clearly indicated. Following each proposed amendment or other public measure on the ballot shall be printed the word “Yes” and immediately under that shall be printed the word “No.” The choice of the electors shall be indicated by a mark made by the elector or under the elector’s direction opposite the words expressing the elector’s desire.
(Code 1896, §1608; Code 1907, §390; Code 1923, §480; Code 1940, T. 17, §166; §17-8-22; amended and renumbered by Act 2006-570, p. 1331, §33.)
The printing and delivery of the ballots and cards of instructions to voters shall in municipal elections be paid for by the several cities and towns and in all other elections by the several counties respectively.
(Code 1896, §1609; Code 1907, §391; Code 1923, §481; Code 1940, T. 17, §167; §17-8-23; amended and renumbered by Act 2006-570, p. 1331, §33.)
Ballots for use in a precinct shall be packaged in convenient numbers in such manner that each ballot may be removed separately. Each ballot shall have attached to it a numbered stub which can be detached therefrom without injury to the ballot or exposing the contents thereof.
(Code 1896, §1612; Code 1907, §393; Code 1923, §483; Code 1940, T. 17, §169; §17-8-24; amended and renumbered by Act 2006-570, p. 1331, §33.)
There shall be provided for each voting place at least one ballot for each registered elector at that place.
(Code 1896, §1613; Code 1907, §394; Code 1923, §484; Code 1940, T. 17, §170; Acts 1991, No. 91-583, p. 1073, §1; §17-8-25; amended and renumbered by Act 2006-570, p. 1331, §33.)
In case of any municipal election held at a time different from a general state or federal election, the duties herein prescribed for the judge of probate in respect to receiving nominations, printing and distributing ballots and cards of instructions shall be discharged under the same sanctions by the mayor or other chief executive officer of the city or town.
(Code 1896, §1615; Code 1907, §395; Code 1923, §485; Code 1940, T. 17, §171; §17-8-26; amended and renumbered by Act 2006-570, p. 1331, §33.)
(a) The judge of probate shall cause to be printed in large type posters of instructions for the guidance of electors in preparing their ballots. Instructional information shall not show partiality to any political party or candidate. The information shall include:
(1) A sample version of the ballot that will be used for that election.
(2) Information regarding the date of the election and the hours during which polling places will be open.
(3) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot.
(4) Instructions for mail-in registrants and first-time voters registering and voting for the first time after January 1, 2003.
(5) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.
(6) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.
(b) The judge of probate shall furnish to the sheriff three, or more if necessary, sets of instructions to be posted in the following manner at each precinct. One set of instructions shall be posted near the entrance of the voting place so as to be plainly visible to those entering. Another set of instructions shall be placed in a plainly visible location near the area where voters are identified from the list of qualified voters printed from the state voter registration list. Remaining sets of instructions may be placed in plainly visible locations to assist voters in accordance with the circumstances presented by the physical layout of the voting place. The instructions shall be printed in large clear type and shall be made available in alternative languages in counties where the most recent federal decennial census indicates that a specific alternative language group exceeds five percent of the voting age population for that county.
(Code 1896, §1617; Code 1907, §405; Code 1923, §495; Code 1940, T. 17, §185; Act 2003-313, p. 733, §2; §17-8-43; amended and renumbered by Act 2006-570, p. 1331, §33.)
The judge of probate for each county shall have printed, at the expense of the county, ballots, blank poll lists, certificates of results, oaths, and any other stationery or blank forms necessary in the conduct of an election. The judge of probate shall also superintend and insure the delivery by the sheriff to the inspectors of the election of the ballots, blank poll lists, certificates of results, oaths, and other stationery or blank forms necessary in the conduct of the elections.
(Code 1907, §406; Code 1923, §496; Code 1940, T. 17, §186; §17-8-44; amended and renumbered by Act 2006-570, p. 1331, §33.)
In all primary and general elections of associate justices of the Supreme Court of Alabama, justices of the courts of appeals of Alabama, judges of the circuit and district courts, and associate members of the public service commission, wherein two or more of such justices, judges, or officers are to be elected at the same time, each of such places to be filled shall be designated by number by the Secretary of State.
(Acts 1927, No. 348, p. 409; Code 1940, T. 17, §146; §17-7-20; amended and renumbered by Act 2006-570, p. 1331, §33.)
(a) Beginning with the 2022 statewide election, the following offices on the supreme court, court of criminal appeals, and court of civil appeals shall be permanently identified as follows:
(1) The supreme court:
a. The office of associate justice identified as “Place No. 1” on the 2018 statewide election ballot shall be “Place 1″ on the supreme court.
b. The office of associate justice identified as “Place No. 2” on the 2018 statewide election ballot shall be “Place 2″ on the supreme court.
c. The office of associate justice identified as “Place No. 3” on the 2018 statewide election ballot shall be “Place 3″ on the supreme court.
d. The office of associate justice identified as “Place No. 4” on the 2018 statewide election ballot shall be “Place 4″ on the supreme court.
e. The office of associate justice identified as “Place No. 1” on the 2016 statewide election ballot shall be “Place 5″ on the supreme court.
f. The office of associate justice identified as “Place No. 2” on the 2016 statewide election ballot shall be “Place 6″ on the supreme court.
g. The office of associate justice identified as “Place No. 3” on the 2016 statewide election ballot shall be “Place 7″ on the supreme court.
h. The office of associate justice identified as “Place No. 1” on the 2014 statewide election ballot shall be “Place 8″ on the supreme court.
(2) The court of criminal appeals:
a. The office of judge identified as “Place No. 1” on the 2018 statewide election ballot shall be “Place 1″ on the court of criminal appeals.
b. The office of judge identified as “Place No. 2” on the 2018 statewide election ballot shall be “Place 2″ on the court of criminal appeals.
c. The office of judge identified as “Place No. 3” on the 2018 statewide election ballot shall be “Place 3″ on the court of criminal appeals.
d. The office of judge identified as “Place No. 1” on the 2014 statewide election ballot shall be “Place 4″ on the court of criminal appeals.
e. The office of judge identified as “Place No. 2” on the 2014 statewide election ballot shall be “Place 5″ on the court of criminal appeals.
(3) The court of civil appeals:
a. The office of judge identified as “Place No. 1” on the 2018 statewide election ballot shall be “Place 1″ on the court of civil appeals.
b. The office of judge identified as “Place No. 2” on the 2018 statewide election ballot shall be “Place 2″ on the court of civil appeals.
c. The office of judge identified as “Place No. 3” on the 2018 statewide election ballot shall be “Place 3″ on the court of civil appeals.
d. The office of judge identified as “Place No. 1” on the 2014 statewide election ballot shall be “Place 4″ on the court of civil appeals.
e. The office of judge identified as “Place No. 2” on the 2014 statewide election ballot shall be “Place 5″ on the court of civil appeals.
(b) The clerks of the supreme court, the court of civil appeals, and the court of criminal appeals shall provide written notification of election ballot placement to the Secretary of State and make the same available to any political party’s executive director.
(Act 2019-469, §§1-2.)
Every person who seeks an office mentioned in Section 17-6-48 shall, when becoming a candidate pursuant to Section 17-5-2, designate the number of the office for which he or she is a candidate.
(Acts 1927, No. 348, p. 409; Code 1940, T. 17, §147; §17-7-21; amended and renumbered by Act 2006-570, p. 1331, §33.)
This article shall be known and may be cited as The Alabama Informed Voter Act.
(Act 2014-399, p. 1462, §1.)
(a)(1) There is created the Fair Ballot Commission. The purpose of the commission is to provide to the public a fair and accurate explanation of what a vote for and what a vote against a statewide ballot measure represents.
(2) The commission shall consist of the following 18 members: The Governor, the Lieutenant Governor, the Commissioner of Agriculture and Industries, the Speaker of the House of Representatives, and the Secretary of State, or their designees, shall each serve as a member on the commission and shall each appoint to the commission one member who is an attorney licensed in the state and one member who is a private citizen of the state who is not an attorney. The Alabama State University School of Public Policy, the Samford University School of Public Policy, and the Miles College School of Law shall each appoint a member to the commission. Other than the Governor, the Lieutenant Governor, the Commissioner of Agriculture and Industries, the Speaker of the House of Representatives, and the Secretary of State, or their designees, no public official, as that term is defined in Section 36-25-1(27), shall serve on the commission. The Chair, Vice Chair, and Ranking Minority Member of the House Constitution, Campaigns and Elections Committee and the Chair, Vice Chair, and Ranking Minority Member of the Senate Constitution, Campaign Finance, Ethics, and Elections Committee shall serve as non-voting advisors to the commission.
(3) The appointments shall reflect the geographic, gender, racial, and ethnic diversity of the state with at least one appointed member from each congressional district.
(4) The initial terms of the members appointed by the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor shall be for two years while the initial terms of the members appointed by the Commissioner of Agriculture and Industries and the Secretary of State shall be for four years. After the initial term, each subsequent member shall be appointed to a four-year term. No appointed member of the commission shall serve more than two full consecutive terms.
(5) Members of the commission shall serve without compensation. Members of the commission, except for the Governor, the Lieutenant Governor, the Commissioner of Agriculture and Industries, the Speaker of the House of Representatives, and the Secretary of State, or their designees, shall be reimbursed for travel expenses to commission meetings in Montgomery, Alabama, at the same rate as state employees receive, to be paid from funds provided from the Legislature. The members of the commission who are attorneys shall not be paid any fees other than travel expenses at the same rate as state employees. The Legislative Fiscal Office, the Legislative Reference Service, the Alabama Law Institute, the Clerk of the House of Representatives, and the Secretary of the Senate shall provide clerical assistance to the commission as determined by the chair of the commission.
(6) The commission may participate in a meeting of the commission by means of telephone conference, video conference, or similar communication equipment by means of which all persons participating in the meeting may hear each other at the same time. Participation by such means shall constitute presence in person at a meeting for all purposes, except for purposes of establishing a quorum. Non-voting advisors to the commission may participate in meetings, but their presence at a meeting shall not be used in determining the existence of a quorum of the commission. The first commission meeting shall be held at the Capitol at the call of the Governor, at which time the commission, by majority vote, shall elect from their membership a chair and vice chair.
(b) No later than 60 calendar days prior to a vote on a statewide ballot measure, the commission shall post the following information, to be known as a ballot statement, in a conspicuous and publicly accessible location on the website of the Secretary of State:
(1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot.
(2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure.
(3) The placement of the statewide ballot measure on the statewide ballot.
(4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated.
(c) Ballot statements shall be written in plain, nontechnical language and in a clear and coherent manner using words with common and every day meaning that are understandable to the average reader. Ballot statements shall be true and impartial statements of the effect of a vote for and a vote against the measure in language neither intentionally argumentative nor likely to create prejudice for or against the proposed measure. In addition, ballot statements shall include language as to whether the measure will increase, decrease, or have no impact on taxes, including the specific category of tax.
(d) Ballot statements may be approved only at meetings of the commission and only by a majority of the commission members present at the commission meeting. In the event a majority of the commission cannot agree on a ballot statement within the 60-day time frame prescribed in subsection (b), the portion of the website of the Secretary of State containing the commission’s ballot statements shall contain a statement that a majority of the commission cannot agree on the ballot statement as well as an explanation written by the chair of the commission as to why the commission failed to reach an agreement. Additionally, in the event a majority of the commission cannot agree on a ballot statement within the 60-day time frame prescribed in subsection (b), those portions of ballot statements which can be agreed upon by a majority of the commission shall be posted on the portion of the website of the Secretary of State containing the commission’s ballot statements, along with links to other websites included pursuant to subsection (f) and individual statements of support and opposition included pursuant to subsection (g).
(e) Ballot statements approved by the commission or, in the event the commission does not approve a ballot statement, those portions of ballot statements which can be agreed upon by a majority of the commission, shall be printed, posted, and distributed in the same manner and by the same officials as sample ballots are printed, posted, and distributed. Additionally, a printed copy of each ballot statement approved by the commission or, in the event the commission does not approve a ballot statement, those portions of ballot statements which can be agreed upon by a majority of the commission, not later than 55 calendar days prior to a vote on a statewide ballot measure, shall be made available for the purpose of public distribution at the office of the Secretary of State or at the office of each judge of probate, provided that these offices may cover their printing costs by requiring that the person requesting a printed copy pay a printing fee, the maximum amount of which shall equal the costs of fulfilling each printing request.
(f) The chair of the commission shall allow the portion of the website of the Secretary of State containing the commission’s ballot statements to also include links to other websites that discuss upcoming statewide ballot measures. This portion of the website of the Secretary of State shall clearly state that members of the commission are not responsible for the content of any linked website and that the linking of a website does not represent the commission’s endorsement of the website’s contents.
(g) Any member of the Legislature or their designees, may post individual statements supporting or opposing a statewide ballot measure on the portion of the website of the Secretary of State containing the commission’s ballot statements within 3 calendar days of receipt. Each of these individual statements of support or opposition shall not exceed 300 words, shall be provided to the chair of the commission at least 10 calendar days prior to the vote on the statewide ballot measure at issue, and shall be posted not later than seven calendar days prior to the vote on the statewide ballot measure at issue.
(Act 2014-399, p. 1462, §2; Act 2016-337, §1.)
The county commission or city commission or such other authority as levies the taxes for county or city purposes of any county or city which adopts the use of electronic voting machines, shall, upon the purchase, rental, or lease thereof, provide for payment therefor by the county or city; provided, that bonds or other evidences of indebtedness, payable not later than 15 years from their dates of issuance, may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or cities, to meet all or any part of the cost of the electronic voting machines.
(Acts 1939, No. 292, p. 443; Code 1940, T. 17, §98; §17-9-8; amended and renumbered by Act 2006-570, p. 1331, §37.)
Each county in which electronic voting machines may now or hereafter be authorized or required to be used in the conduct of elections in such county shall have the power from time to time to sell and issue interest-bearing warrants of such county or interest-bearing certificates of indebtedness of such county for the purpose of paying the cost of acquiring or providing electronic voting machines for the conduct of elections in such county, or for providing a voter reidentification program, providing equipment for the county board of registrars, or paying for construction for compliance with handicap regulations for accessibility to polling places. Such warrants and certificates may be in such denomination or denominations, may have such maturity or maturities not exceeding 15 years from their date, may bear interest from their date at an annual rate or rates not exceeding the prevailing rate, payable semiannually, may be payable at such place or places within or without this state, may be sold at such time or times and in such manner, may be executed in such manner, and may contain such terms not in conflict with the provisions of this section and Sections 17-7-3 through 17-7-7, all as the county commission of such county may provide in the proceedings wherein the warrants or certificates are authorized to be issued.
(Acts 1959, No. 603, p. 1492, §2; Acts 1990, No. 90-559. p. 951; §17-9-9; amended and renumbered by Act 2006-570, p. 1331, §37.)
All warrants and certificates issued pursuant to this article shall evidence general obligation indebtedness of the county by which they are issued, and the full faith and credit of the county shall be irrevocably pledged for the payment of the principal thereof and interest thereon. The proceeds derived from the sale of any such warrants and certificates shall be used solely for the purpose for which they are authorized to be issued, including the payment of any expenses incurred in connection with the issuance thereof.
(Acts 1959, No. 603, p. 1492, §2; §17-9-10; amended and renumbered by Act 2006-570, p. 1331, §37.)
The county commission of the county issuing any warrants or certificates pursuant to this article may pledge and use or cause to be used, for the payment of the principal of and interest on such warrants and certificates, so much as may be necessary for such purpose of the general annual ad valorem tax of one half of one percent which the county is authorized to levy without reference to the purpose thereof under the provisions of Section 215 of the Constitution of Alabama of 1901. If more than one such pledge shall be made of the tax, then such pledges shall take precedence in the order in which they are made unless the proceedings making such pledge shall expressly provide that such pledge shall be on a parity with or subordinate to a subsequent pledge of the tax. All warrants and certificates for which the pledge authorized in this section may be made shall constitute preferred claims against the tax, and shall have preference over claims incurred in carrying on the governmental function of the county.
(Acts 1959, No. 603, p. 1492, §3; §17-9-11; amended and renumbered by Act 2006-570, p. 1331, §37.)
Each such county may in like manner from time to time issue refunding warrants and certificates, either by sale or by exchange, for the purpose of refunding a like or greater principal amount of warrants and certificates then outstanding which were issued under the provisions of this section and Sections 17-7-2 through 17-7-4 and Sections 17-7-6 and 17-7-7 and the interest thereon and paying any premium necessary to be paid to retire the outstanding warrants and certificates refunded thereby. The provisions of this section and Sections 17-7-2 through 17-7-4 and Sections 17-7-6 and 17-7-7 applicable to the warrants and certificates so refunded shall likewise be applicable to such refunding warrants and certificates.
(Acts 1959, No. 603, p. 1492, §4; §17-9-12; amended and renumbered by Act 2006-570, p. 1331, §37.)
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-9-6 BY ACT 2006-570 IN THE 2006 REGULAR SESSION, EFFECTIVE JANUARY 1, 2007.
(Acts 1979, No. 79-616, p. 1086, §1; Act 2003-337, p. 844, §1; Act 2006-281, §1.)
Insofar as the provisions of this section and Sections 17-7-2 through 17-7-5 and Section 17-7-7 may be inconsistent with the provisions of any other law, the provisions of this section and Sections 17-7-2 through 17-7-5 and Section 17-7-7 shall control, it being hereby specifically declared that the provisions of Section 11-8-10 shall not be applicable to the warrants and certificates issued under the provisions of this section and Sections 17-7-2 through 17-7-5 and Section 17-7-7.
(Acts 1959, No. 603, p. 1492, §5; §17-9-13; amended and renumbered by Act 2006-570, p. 1331, §37.)
The provisions of this section and Sections 17-7-2 through 17-7-6 shall apply to each county in this state in which electronic voting machines may now or hereafter be authorized or required to be used in the conduct of elections in such county.
(Acts 1959, No. 603, p. 1492, §1; §17-9-14; amended and renumbered by Act 2006-570, p. 1331, §37.)
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
(Code 1896, §1616; Code 1907, §388; Code 1923, §478; Code 1940, T. 17, §164.)
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-9-9 BY ACT 2006-570.
(Code 1876, §272; Code 1886, §367; Code 1896, §1619; Code 1907, §397; Code 1923, §487; Code 1940, T. 17, §173.)
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
(Code 1876, §4291; Code 1886, §4186; Code 1896, §4693; Code 1907, §6789; Code 1923, §3907; Code 1940, T. 17, §303.)
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-9-10 BY ACT 2006-570.
(Code 1876, §273; Code 1886, §368; Code 1896, §1620; Code 1907, §398; Code 1923, §488; Code 1940, T. 17, §174; Act 2003-313, p. 733, §2.)
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
(Code 1907, §363; Code 1923, §453; Code 1940, T. 17, §136.)
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTIONS 17-17-15 AND 17-9-11 BY ACT 2006-570.
(Acts 1953, No. 201, p. 266, §§1, 2.)
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-9-12 BY ACT 2006-570.
(Code 1907, §367; Code 1923, §457; Code 1940, T. 17, §140.)
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
(Code 1907, §6806; Code 1923, §3924; Code 1940, T. 17, §319.)
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-9-50 BY ACT 2006-570.
(Code 1896, §1621; Code 1907, §371; Code 1923, §461; Code 1940, T. 17, §144.)
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
(Acts 1966, Ex. Sess., No. 158, p. 183.)
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) AUTOMATIC TABULATING EQUIPMENT. Includes any apparatus necessary to examine and count automatically votes designated on ballots and data processing machines which can be used for counting ballots and tabulating results.
(2) COMMITTEE. The Alabama Electronic Voting Committee.
(3) ELECTRONIC VOTE COUNTING SYSTEM. A system in which votes are recorded on a ballot and subsequently counted and tabulated by automatic tabulating equipment at one or more counting locations.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §2; Act 99-663, 2nd Sp. Sess., p. 121, §1; §17-24-2; amended and renumbered by Act 2006-570, p. 1331, §39.)
(a) The governing body of any county or municipality or other political subdivision of the state by adoption of an appropriate resolution, may authorize, adopt, and direct the use of electronic vote counting systems for use in all elections held in such county or municipality or other political subdivision or any portion thereof. The resolution, a copy of which shall be filed with the Secretary of State, shall specify the particular type of equipment to be used and a procedure for implementation.
(b) Notwithstanding subsection (a), no electronic vote counting system shall be used unless it has been constructed so that it:
(1) Permits and requires voting in secrecy.
(2) Permits each elector to vote at any election for all persons and offices for whom and for which he or she is lawfully entitled to vote; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote.
(3) Permits the voter at other than primary elections to vote a straight political party ticket in one operation.
(4) Permits the automatic tabulating equipment to be set to reject all votes for any office or question when the number of votes therefor exceeds the number that the voter is entitled to cast or when the voter is not entitled to cast a vote for the office or question.
(5) Is capable of correctly counting votes.
(6) When used in primary elections, counts only votes for the candidates of one party, rejects all votes for an office when the number of votes therefor exceeds the number that the voter is entitled to cast, and rejects all votes of a voter cast for candidates of more than one party.
(7) At presidential elections, permits each elector, by one operation, to vote for all presidential electors of a party or independent candidates for president or vice president.
(8) Provides a method for write-in voting.
(9) Is capable of accumulating a count of the specific number of ballots tallied for a precinct; accumulating total votes by candidate for each office; and accumulating total votes for and against each question for the precinct.
(10) Is capable of tallying votes from ballots of different political parties from the same precinct, in the case of a primary election.
(11) Is capable of automatically producing precinct vote totals in printed, marked, or punched form, or a combination thereof.
(12) Is capable of accurately and correctly tabulating each vote and having the same so certified.
(13) Is not capable of connecting to the Internet or cell phone networks and does not possess modem technology.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §3; §17-24-3; amended and renumbered by Act 2006-570, p. 1331, §39; Act 2023-131, §1.)
AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
There is hereby created the Alabama Electronic Voting Committee which shall consist of five members. The committee shall consist of a representative appointed by the Secretary of State, a representative appointed by the Attorney General, and one judge of probate who shall be recommended by the Alabama Probate Judges Association and appointed by the Chief Justice of the Supreme Court and shall serve without pay or reimbursement for expenses. Additionally, one member from the House of Representatives and one member from the Senate, to be appointed by the presiding officer of each house who shall be entitled to his or her regular legislative compensation, his or her per diem and travel expenses for each day he or she attends a meeting of the committee which shall be paid out of any funds appropriated to the use of the Legislature, upon warrants drawn on the state Comptroller upon requisitions signed by the committee’s chair; provided, however, that members shall not receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance of other state business. The judge of probate shall be chair. The committee shall meet at the call of the chair or any three members.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §4; Act 99-663, 2nd Sp. Sess., p. 121, §1; §17-24-4; amended and renumbered by Act 2006-570, p. 1331, §39.)
(a) The committee shall ensure the examination and certification of electronic vote counting systems by publicly examining all makes of electronic vote counting systems submitted and certifying whether the systems comply with the requirements of this section.
(b) The committee shall invite any vendor or company interested in selling an electronic vote counting system in Alabama to submit its equipment for examination. The vote counting system shall be certified after a satisfactory evaluation and testing has been performed to determine that the equipment meets the requirements of this article and performance and test standards for electronic voting systems issued by the Federal Election Commission. The committee may use certification of the equipment by an authorized independent testing authority, or successor entity, as evidence that the equipment meets the requirements of Section 17-7-21 and this section, where certification by the independent testing authority, or successor entity, is applicable. For the purpose of assisting in examining a system submitted pursuant to this subsection, the committee may employ not more than three individuals who are experts in one or more fields of data processing, mechanical engineering, and public administration, who may or may not be state employees, and shall require from them a written report of their examination. The vendor submitting a system for certification shall pay to the State of Alabama by depositing with the State Treasury for distribution to reimburse the committee in an amount equal to the actual costs, if any, incurred in examining the system. Reimbursement shall be made whether or not the system is certified. No member of the committee nor any examiner shall have any pecuniary interest in any voting equipment.
(c) The committee shall approve only those electronic vote counting systems that meet both of the following requirements:
(1) Are certified by an authorized independent testing authority, or successor entity, as meeting the performance and test standards for electronic voting systems issued by the Federal Election Commission.
(2) Require the use of a paper ballot that shall be marked and made available for inspection and verification by the voter before the vote is cast and counted. For purposes of this subdivision, “paper ballot” means a paper ballot marked by the voter by hand or by a disability accessible ballot marking device.
(d) After certification of any electronic vote counting system, the Secretary of State shall make and maintain a report on the system, and as soon as practicable shall send a notice of certification and, upon request, a copy of the report to all governing bodies of the counties of the state. Any electronic vote counting system that does not receive certification shall not be adopted or used at any election.
(e) After an electronic vote counting system has been certified, any change or improvement in the system shall be certified by the committee prior to the adoption of the change or improvement by any county. The committee shall re-examine the electronic vote counting system to the extent necessary to determine that the system, as changed or improved, is in compliance with the requirements of this article. If the system, as changed or improved, is not in compliance, the committee shall suspend all sales of the equipment or system in the state until the equipment or system complies with the requirements of this article.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §5; Act 99-663, 2nd Sp. Sess., p. 121, §1; §17-24-5; amended and renumbered by Act 2006-570, p. 1331, §39; Act 2023-320, §1.)
Examinations shall be conducted and a report of certification or rejection issued within 90 days following request by vendor or company.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §6; §17-24-6; amended and renumbered by Act 2006-570, p. 1331, §39.)
(a) It shall be the duty of the committee to recommend procedures to be implemented by the Secretary of State under the Administrative Procedure Act where appropriate to achieve and maintain the maximum degree of correctness and impartiality of voting, counting, tabulating, and recording votes, by electronic vote counting systems provided by this article.
(b) To the extent practicable, statutes and procedures implemented by the Secretary of State pursuant to this chapter shall apply in all municipal elections that are conducted using automatic tabulating equipment or an electronic official vote counting system. The duties assigned in the rules and statutes to a state or county election official shall be performed by the corresponding municipal official. Where there is no corresponding municipal official, the duties shall be performed by the municipal clerk or other election official appointed by the municipal governing body where the clerk is ineligible to perform these duties. Where the rules or statutes refer to a statutory provision or act that conflicts with a statutory provision or act specifically applicable in municipal elections, the provision governing municipal elections shall prevail.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §7; §17-24-7; amended and renumbered by Act 2006-570, p. 1331, §39; Act 2010-687, p. 1660, §2.)
The authority of the Alabama Electronic Voting Committee relative to voting equipment shall be limited to the electronic vote counting equipment authorized under the provisions of this article and such committee shall have no authority to examine, approve, disapprove, or otherwise affect the use of other voting equipment.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §12; §17-24-11; amended and renumbered by Act 2006-570, p. 1331, §39.)
The Secretary of State may implement a uniform system of electronic voting in any county participating in the pilot project for establishing a uniform system of electronic voting provided for in Act 91-562. The Secretary of State may provide through the pilot project for the administration and educational support of a uniform system to enable counties to immediately and electronically obtain all vote totals and to enable a county to immediately transfer by electronic means all election vote totals, and other totals from a participating county directly to the office of the Secretary of State on a timely and economic basis.
(Acts 1993, No. 93-766, p. 1531, §1; §17-24-20; amended and renumbered by Act 2006-570, p. 1331, §39.)
Any county participating in the pilot project may be eligible to receive funding from the state for 50 percent of the costs to lease purchase an electronic voting system for a period of not to exceed eight years from funds appropriated for election purposes which may accrue from savings in administrative and printing expense through the use of electronic voting. The Secretary of State may use as a guideline in determining the funds available for state reimbursement for the pilot project to a participating county the amount of the state reimbursement to the counties for election purposes and printing costs who had leased election systems during the 1988, 1990, and 1992 election years. Any county participating in the pilot project may receive funding from the state for 50 percent of the annual county lease purchase payment for the electronic system in lieu of reimbursement to the county for future voting machine ballot printing costs.
(Acts 1993, No. 93-766, p. 1531, §2; §17-24-21; amended and renumbered by Act 2006-570, p. 1331, §39.)
After the establishment of the uniform system of electronic voting through the implementation of the pilot project, the Secretary of State may provide for the orderly acceptance of counties requesting to participate in the state uniform system. The Secretary of State may establish a list of counties requesting to participate in the state uniform system based on the order of receipt of the resolution of a county governing body. After the Secretary of State has accepted a county in the state uniform system, a county may be eligible for reimbursement of 50 percent of the costs of a lease purchase agreement or contract of not more than eight years in length to purchase an electronic voting system established by the pilot project. A county may be eligible for reimbursement only after the receipt of a voucher from the county governing body with a copy of a lease purchase agreement or contract meeting the specifications of this article attached. The state may continue to annually reimburse the county for 50 percent of the lease purchase agreement or contract which payment may be in lieu of voting machine ballot printing costs payments by the state to the participating county in the future.
(Acts 1993, No. 93-766, p. 1531, §3; §17-24-22; amended and renumbered by Act 2006-570, p. 1331, §39.)
(a) The appointing board, or a majority of them acting as an appointing board, not more than 20 nor less than 15 days before the holding of any election in their county, shall appoint from the qualified electors of the respective county, necessary precinct election officials, which shall include at least one inspector, to act at each voting place in each precinct. Precinct election officials shall be registered voters in the county in which they serve, but are not required to be registered at the precinct in which they serve. Provided, first priority may be given to the appointment of precinct election officials and alternate precinct election officials who are registered voters at their respective precincts, so long as the board determines that the precinct election official is qualified for appointment as a precinct election official. The appointing board may appoint the number of precinct election officials necessary for each precinct, provided that, absent consent of the county commission, the total number of precinct election officials appointed in a county shall not exceed the total number of precinct election officials who were paid by the county for the general election held November 2004. In the event that the number of precincts or voting places utilized in an election within a county is increased or decreased, the total number of officials who may be appointed without consent of the county commission shall be increased or decreased proportionately based upon the average number of workers utilized in each precinct or polling place within the county. In the event that the county changes voting equipment from that used in the November 2004 election, the total number of precinct election officials the appointing board may appoint shall be the average number of precinct election officials per precinct or polling place utilized statewide for the general election held in November 2004, multiplied by the number of precincts or polling places in the county changing voting equipment; provided, however, that the number of precinct election officials appointed for any precinct in the county may be increased with the consent of the county commission. Members of a candidate’s immediate family to the second degree of kinship by affinity or consanguinity and any member of a candidate’s principal campaign committee are not eligible for appointment.
(b) The precinct election officials shall have the following duties:
(1) The inspector shall be in charge of the voting place and shall serve as returning officer for the voting place.
(2) The registration list clerk shall check the name of voters against the list of registered voters and mark off the names of those who vote in order to prevent double voting. If any individual whose name does not appear on the list of registered voters is permitted to vote by means of a certificate as provided in Section 17-10-3, or by means of a provisional ballot as provided in Sections 17-10-1 and 17-10-2, the registration list clerk shall legibly print the name and address on the list of registered voters, mark through the name to indicate that the individual has voted, and record by the name whether the individual voted by certificate, with source and date, or by provisional ballot.
(3) The poll list clerk shall ensure that each voter signs the poll list as provided in Sections 17-9-15 and 17-13-7. A clerk shall print the voter’s name on the poll list or a duplicate list so that the signature can be identified. The poll list clerk shall give a ballot to the voter with the stub attached to the ballot pad. Ballots shall be given out in sequence beginning with the lowest numbered ballot.
(4) The ballot clerk, upon the request of a voter, shall assist the voter as necessary to deposit the ballot in the precinct ballot counter.
(c) Any individual who is compensated for working at the polls during any returning, other than an inspector appointed under subsection (a), may work on a split shift schedule if determined necessary by the judge of probate. Each portion of a split shift shall consist of not less than six consecutive hours of work and the worker shall be paid one-half of the per day compensation provided for by general or local law in the county.
(d)(1) Notwithstanding subsection (a), the judge of probate or other appropriate election officials in a county may provide for the appointment of additional inspectors and clerks from within the county to serve as alternates in the event an appointed inspector or clerk is unable to perform his or her duties. The number of alternates shall be limited as provided in the following manner and no payment shall be provided for alternates in excess of the number authorized in this subsection:
a. In a county with a population of less than 100,000 inhabitants, the judge of probate or other appropriate election officials in the county may provide for the appointment and payment of up to four alternate inspectors, clerks, or returning officers.
b. In a county with a population of 100,000 to 250,000 inhabitants, the judge of probate or other appropriate election officials in the county may provide for the appointment and payment of up to 12 alternate inspectors, clerks, or returning officers.
c. In a county with a population of more than 250,000 inhabitants, the judge of probate or other appropriate election officials in the county may provide for the appointment and payment of up to 24 alternate inspectors, clerks, or returning officers.
(2) The appointment and payment of alternates shall be election expenses eligible for reimbursement by the state Comptroller pursuant to general law.
(Code 1876, §259; Code 1886, §352; Code 1896, §1588; Code 1907, §347; Code 1923, §437; Code 1940, T. 17, §120; Acts 1980, No. 80-725, p. 1467; §17-6-1; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2009-638, p. 1957, §1; Act 2012-173, p. 268, §1; Act 2021-377, §1.)
The judge of probate shall notify such inspector and clerk of their appointment by mail and publish a list of them in a newspaper of general circulation published in the county.
Code 1907, §348; Code 1923, §438; Code 1940, T. 17, §121; §17-6-2; amended and renumbered by Act 2006-570, p. 1331, §41.)
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-6-22 BY ACT 2006-570.
(Acts 1982, No. 82-572, p. 1064, §§1, 2; Acts 1995, No. 95-786, p. 1872, §1; Act 2001-1131, 4th Sp. Sess., p. 1211, §2.)
When the judge of probate, sheriff, or clerk of the circuit court is a candidate for election to any office at that election and has opposition named on the ballot, he or she shall not serve on the appointing board. The judge of probate, as the chief election official for the county, shall certify to the qualified members of the appointing board the fact of the candidacy of any member of the appointing board immediately after the certificate of nomination, or petition, as provided in Section 17-9-3, is filed.
(Code 1907, §§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326; §17-6-3; amended and renumbered by Act 2006-570, p. 1331, §41.)
Upon receiving the certificate provided for in Section 17-8-3, the remaining members of the appointing board shall forthwith and without delay appoint a qualified elector to take the place of each member of the appointing board who is a candidate for election, and shall cause the elector so appointed to be informed of his or her appointment. No person shall be appointed who is a candidate for any office to be voted for in that election. If the remaining members of the appointing board are unable to agree as to who should take the place of an appointing board member who is a candidate for election or if all members of the appointing board are unable to serve, the presiding circuit court judge shall make the appointment.
The person so appointed shall perform all the duties and be vested with all the powers of the regular members of the appointing board, and shall take an oath to faithfully perform his or her duties.
(Code 1907, §350; Code 1923, §440; Code 1940, T. 17, §123; §17-6-4; amended and renumbered by Act 2006-570, p. 1331, §41.)
(a) Each political party or organization having made nominations, by the chair of its state or county executive committee or nominees for office may furnish the appointing board a list of names of recommended precinct election officials from qualified electors for each county not later than 45 days before the election. From the lists provided, one inspector and at least three clerks shall be appointed for each county from members of opposing political parties, if practicable. If there are more than two lists filed, the appointments shall be made from the lists presented by the two political parties having received the highest number of votes in the state in the next preceding regular election, if each of the parties presents a list.
(b) If no lists are furnished, the appointing board shall appoint an inspector and at least three clerks for each voting place from the qualified electors of the county from members of opposing political parties, if practicable.
(Code 1896, §1595; Code 1907, §352; Code 1923, §442; Code 1940, T. 17, §125; §17-6-6; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2021-377, §1.)
ion official to attend at the hour of 7:00 a.m., the precinct election officials as may be present may complete the number. If the inspector appointed is not present, the other precinct election officials present shall choose one of their number to serve as inspector and shall appoint from the qualified electors, who are entitled by law to vote in that county at the election then to be held, such clerks as may be necessary to complete the requisite number of precinct election officials. If there are no precinct election officials present at the polling place by the hour of 7:00 a.m., then any four qualified electors who are entitled by law to vote in that county at the election then to be held may open the polls and act as precinct election officials for the voting place during the absence of an appointed precinct election official.
(Code 1876, §262; Code 1886, §355; Code 1896, §1591; Code 1907, §§359, 6814; Code 1923, §§449, 3932; Code 1940, T. 17, §§132, 327; §17-6-7; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2021-377, §1.)
(a) Except in the case of municipal elections, each political party or organization having candidates nominated, by a writing submitted to the inspector by the chair of the county executive committee or nominees for office or beat committeeman, may appoint a watcher for each voting place. In the event of an election in which there are no candidates, each political party, through a writing submitted to the inspector by the chair of the county executive committee, may appoint a watcher for each voting place.
(b) Watchers shall have the right to:
(1) Observe the conduct of the election.
(2) Monitor the preliminaries of opening the polls.
(3) Remain at the polling place throughout the election until the results of the election have been posted and the voting machines sealed, as provided by law.
(4) Observe the ballots as they are counted.
(5) Observe absentee ballots and affidavits when they are called during the count.
(6) See all oaths administered and signed, the record of assisted voters, the list of qualified voters, the poll lists, and any and all records made in connection with the election.
(c) Each watcher shall be sworn to faithfully observe the rule of law prescribed for the conduct of elections. Watchers may be present to be sworn in with the precinct election officials, or as time allows, but so as not to interfere with the election. Each watcher shall be a resident and qualified elector of the State of Alabama. Election officials, including returning officers, may not serve as poll watchers.
(d) A watcher may not disturb voters, attempt to influence voters, campaign, or display or wear any campaign material or buttons while inside any polling place.
(Code 1907, §353; Code 1923, §443; Code 1940, T. 17, §126; Act 2000-698, p. 1420, §1; Act 2003-400, p. 1150, §1; §17-6-8; amended and renumbered by Act 2006-570, p. 1331, §41.)
Before entering upon their duties, precinct election officials must take an oath to perform their duties at the election according to law, and such oath may be administered by any person authorized by law to administer oaths or by any inspector.
(Code 1852, §202; Code 1867, §244; Code 1876, §265; Code 1886, §358; Code 1896, §1597; Code 1907, §369; Code 1923, §459; Code 1940, T. 17, §142; §17-6-10; amended and renumbered by Act 2006-570, p. 1331, §41.)
(a) Not less than five days before an election or primary election, the authority charged with holding the same shall cause to be held a school of instruction for those who will actually conduct the election or primary election at the polling places. The judge of probate shall notify such election officials of the time and place of the holding of such school of instruction, and shall also publish notice at least 48 hours before the same is to be held.
(b) No election official shall serve in any election in which an electronic voting machine is used, unless he or she shall have received such instruction within 60 days prior to the election and is fully qualified to perform the duties in connection with the electronic voting machine, and has received a certificate from the authorized instructor to that effect; provided, that this shall not prevent the appointment of an uninstructed person as an election official to fill a vacancy among the election officials.
(Act 2006-372, p. 968, §2; §17-6-18; amended and renumbered by Act 2006-570, p. 1331, §41.)
The sheriff of each county or the person discharging the duties of such office is the returning officer for the county.
The inspector for each voting place is charged with the duty of returning the ballots and sealed election materials from the voting place to the county returning officer.
(Code 1876, §260; Code 1886, §353; Code 1896, §1589; Code 1907, §356; Code 1923, §446; Code 1940, T. 17, §129; §17-6-11; amended and renumbered by Act 2006-570, p. 1331, §41.)
If the inspector is not present at the hour appointed, the precinct election officials present shall select one of their number to return the ballots to the county returning officer.
(Code 1876, §263; Code 1886, §356; Code 1896, §1592; Code 1907, §361; Code 1923, §451; Code 1940, T. 17, §134; §17-6-12; amended and renumbered by Act 2006-570, p. 1331, §41.)
(a) The inspector and clerks shall each be entitled to base compensation of fifty dollars ($50). The compensation of the election officials shall be paid as preferred claims, out of monies in the county treasury not appropriated, on proper proof of service rendered. In all counties in which the compensation of precinct election officials is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the precinct election officials shall not be decreased under this section and the county commission may increase the compensation so prescribed. In those counties in which compensation of precinct election officials is set at an amount in excess of five dollars ($5) per day, but less than fifty dollars ($50) per day, the provision of the local law or general law of local application relative thereto is superseded and the compensation prescribed herein shall be the total compensation of precinct election officials in the counties.
(b) In addition to the compensation provided in subsection (a), each clerk shall be entitled to supplemental compensation paid by the state to ensure that the total compensation paid to each shall be in an amount of at least one hundred twenty-five dollars ($125) per day, and each inspector shall be entitled to supplemental compensation paid by the state in an amount that ensures that the total compensation of an inspector is at least one hundred fifty dollars ($150) per day. Upon completion of a local election school or being certified as a qualified precinct election official by the judge of probate, or both, each clerk and inspector shall be entitled to receive an additional twenty-five dollars ($25) per day in compensation from the state. The increase provided for in this subsection shall not increase or decrease any salary supplement paid under a local law that is in effect on October 1, 2022. This subsection shall only apply to those statewide elections for which county expenses are reimbursed by the state as defined in Chapter 16. This subsection shall not apply to special county or other elections held at any time other than at the time of holding statewide elections.
(Code 1876, §290; Code 1886, §386; Code 1896, §1643; Code 1907, §419; Code 1923, §509; Code 1940, T. 17, §198; Acts 1943, No. 311, p. 299; Acts 1947, No. 127, p. 38; Acts 1970, Ex. Sess., No. 30, p. 2652; Acts 1981, No. 81-674, p. 1099; Acts 1993, No. 93-639, p. 1095, §1; Act 2000-671, p. 1338, §1; Act 2006-327, p. 705, §1; §17-6-13; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2021-377, §1; Act 2023-517, §1.)
(a) All laws to the contrary notwithstanding, any precinct election official appointed pursuant to Section 17-8-1 shall be excused from his or her employment without penalty of loss of time for election day only in order to perform the duties of the position to which he or she has been appointed. Proper documentation of the appointment and the dates of the required service shall be furnished to the employer by the appointee at least seven days before the expected absence from his or her employment.
(b) This section shall not apply to any employee working for an employer with 25 or fewer employees or require an employer to compensate an employee while performing the duties as prescribed in subsection (a).
(Act 2001-1130, 4th Sp. Sess., p. 1210, §§1, 2; Act 2002-412, p. 1038, §§1, 2; §17-6-17; amended and renumbered by Act 2006-570, p. 1331, §41.)
(a) The judge of probate in each county may appoint not more than two students for each precinct to serve as unpaid student interns during elections. To be appointed a student intern, a student must meet all of the following qualifications:
(1) Be recommended by a principal or other school official, or by the individual responsible for the student’s home instruction program.
(2) Be at least 16 years of age at the time of the election for which the appointment is made.
(3) Be a resident of the county or municipality for which the appointment is made.
(4) Be enrolled in a public high school, an accredited private high school, or a home instruction program and be classified as a junior or senior or the equivalent, or be enrolled in a two-year or four-year institution of higher education.
(b) The duties of the student interns appointed pursuant to this section shall be determined by the officials in charge of the election in the county or municipality; provided, however, the duties may not include either of the following:
(1) Determining the qualifications of a voter in the event a voter is challenged.
(2) The operation and maintenance of any voting equipment.
(c) Student interns shall at all times be under the supervision of the poll managers of the election while performing their duties at precincts.
(d) Before performing any duties, student interns shall attend all required training for precinct election officials of the county or municipality and any additional training considered necessary by the officials in charge of the election in the county or municipality.
(e) A student intern who works four or more hours in a day during school hours on the day of an election or any day of training shall be entitled to an excused absence from school for purposes of Chapter 28 of Title 16.
(Act 2019-476, §1; Act 2021-377, §1.)
The sheriff of each county shall, on each day of election, be present in person or by deputy at all election precincts where elections are held in the county, and shall preserve good order; and, in order that every elector who desires to vote may do so without interference or interruption, such sheriff or deputy may specially deputize a sufficient force to act at all election precincts on the day of any election that the sheriff or deputy may deem necessary.
Any sheriff or deputy who wilfully or corruptly fails to perform any duty imposed by this section, on conviction, shall be punished in accordance with Section 17-17-2.
(Code 1876, §§281, 4282; Code 1886, §§377, 4181; Code 1896, §§1633, 4688; Code 1907, §§412, 6785; Code 1923, §§502, 3903; Code 1940, T. 17, §§2, 299; §17-9-1; amended and renumbered by Act 2006-570, p. 1331, §44.)
In the event the judge of probate of any county is unable, or neglects, fails, or refuses to perform the duties prescribed in this title, the duties, responsibilities, penalty, and authority of the judge of probate shall devolve upon the judge of the circuit court of the county.
Code 1896, §1614; Code 1907, §429; Code 1923, §519; Code 1940, T. 17, §4; §17-1-4; amended and renumbered by Act 2006-570, p. 1331, §44.)
(a) The following individuals shall be entitled to have their names printed on the appropriate ballot for the general election, provided they are otherwise qualified for the office they seek:
(1) All candidates who have been put in nomination by primary election and certified in writing by the chair and secretary of the canvassing board of the party holding the primary and filed with the judge of probate of the county, in the case of a candidate for county office, and the Secretary of State in all other cases, on the day next following the last day for contesting the primary election for that office if no contest is filed. If a contest is filed, then the certificate for the contested office must be filed on the day next following the date of settlement or decision of the contest.
(2) All candidates who have been put in nomination by any caucus, convention, mass meeting, or other assembly of any political party or faction and certified in writing by the chair and secretary of the nominating caucus, convention, mass meeting, or assembly and filed with the judge of probate, in the case of a candidate for county office, and the Secretary of State in all other cases, on or before 5:00 p.m. on the date of the first primary election as provided for in Section 17-13-3.
(3) Each candidate who has been requested to be an independent candidate for a specified office by written petition signed by electors qualified to vote in the election to fill the office when the petition has been filed with the judge of probate, in the case of a county office and with the Secretary of State in all other cases, on or before 5:00 p.m. on the date of the first primary election as provided for in Section 17-13-3. The number of qualified electors signing the petition shall equal or exceed three percent of the qualified electors who cast ballots for the Office of Governor in the last general election for the state, county, district, or other political subdivision in which the candidate seeks to qualify.
(b) The Secretary of State, not later than 69 days before the general election, shall certify to the judge of probate of each county in the state, in the case of an officer to be voted for by the electors of the whole state, and to the judges of probate of the counties composing the circuit or district in the case of an officer to be voted for by the electors of a circuit or district, upon suitable blanks to be prepared by him or her for that purpose, the fact of nomination or independent candidacy of each nominee or independent candidate or candidate of a party who did not receive more than 20 percent of the entire vote cast in the last general election preceding the primary who has qualified to appear on the general election ballot. The judge of probate shall then prepare the ballot with the names of each candidate qualified under this section printed on the ballot. The judge of probate may not print on the ballot the name of any independent candidate who was a candidate in the primary election of that year and the name of any nominee of a political party who was a candidate for the nomination of a different political party in the primary election of that year.
(Code 1896, §§1606, 4674; Code 1907, §§372, 6773; Code 1923, §§462, 3891; Acts 1935, No. 188, p. 238; Acts 1935, No. 424, p. 894; Code 1940, T. 17, §§145, 287; Acts 1945, No. 79, p. 76; Acts 1971, No. 2324, p. 3746; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §§2, 4; Acts 1982, No. 82-611, p. 1109, §1; Acts 1992, No. 92-152, p. 262, §1; Acts 1995, No. 95-786, p. 1872, §1; Act 2001-1131, 4th Sp. Sess., p. 1211, §1; §17-7-1; amended and renumbered by Act 2006-570, p. 1331, §44; Act 2014-6, p. 21, §1; Act 2024-168, §1.)
The judge of probate shall cause to be preserved all certificates and petitions of nomination filed in his or her office under the provisions of this chapter for six months after the election for which such nominations are made.
(Code 1896, §1610; Code 1907, §392; Code 1923, §482; Code 1940, T. 17, §168; §17-7-2; amended and renumbered by Act 2006-570, p. 1331, §44.)
The judge of probate must give notice at least 14 days before each election by publication in a newspaper of general circulation in the county, if any is published therein and, if not, by writings posted at the courthouse door and at three other public places in the county, of the time of holding and the offices to be filled by such election. Such notice shall consist only of the date of the election and the officers to be voted for or subjects to be voted on.
(Code 1876, §261; Code 1886, §354; Code 1896, §1590; Code 1907, §357; Code 1923, §447; Code 1940, T. 17, §130; §17-7-5; amended and renumbered by Act 2006-570, p. 1331, §44; Act 2019-318, §1.)
Every polling place shall open for voting at 7:00 A.M. and shall close at 7:00 P.M. All polling places in areas operating on eastern time shall open and close under this section pursuant to eastern time except the county commissions in Chambers County and Lee County may by resolution provide for any polling place to be excluded from this sentence and to be open according to central time.
(Acts 1979, No. 79-616, p. 1086, §1; Act 2003-337, p. 844, §1; Act 2006-281, p. 496, §1; §17-7-5.1; amended and renumbered by Act 2006-570, p. 1331, §44.)
The precinct election officials appointed shall meet at the place of holding elections in the several voting places for which they have been appointed not later than 30 minutes before the scheduled opening of the polls and shall open the several polling places at the time designated.
(Code 1907, §358; Code 1923, §448; Code 1940, T. 17, §131; Acts 1979, No. 79-616, p. 1086, §2; §17-7-6; amended and renumbered by Act 2006-570, p. 1331, §44.)
After the polls have opened, no adjournment or recess shall be taken until the certificate of the result of the election is signed.
(Code 1907, §360; Code 1923, §450; Code 1940, T. 17, §133; §17-7-7; amended and renumbered by Act 2006-570, p. 1331, §44.)
The inspectors, before they commence receiving ballots, must cause it to be proclaimed at the place of voting that the election is opened.
(Code 1876, §272; Code 1886, §367; Code 1896, §1619; Code 1907, §397; Code 1923, §487; Code 1940, T. 17, §173; §17-7-11; amended and renumbered by Act 2006-570, p. 1331, §44.)
At all elections held within this state, the elector shall vote in the county and voting place of his or her domicile and nowhere else and shall have registered as provided in this title. If any elector attempts to vote in any voting place other than that of his or her domicile, his or her vote shall be rejected, except when casting a provisional ballot, as provided by law.
(Code 1876, §273; Code 1886, §368; Code 1896, §1620; Code 1907, §398; Code 1923, §488; Code 1940, T. 17, §174; Act 2003-313, p. 733, §2; §17-7-13; amended and renumbered by Act 2006-570, p. 1331, §44.)
In every election held in this state, the voter shall sign his or her name on one of the poll lists or lists of persons who vote in the election, required by law to be maintained at each voting place; and no person shall record on this list the name of any voter for him or her, except where the voter, because of a physical disability, is unable to write his or her own name on the poll list; in which case an election official shall write the name of such voter on the list and shall sign his or her own name on the poll list on the same line with the name of the voter. If the voter is unable to sign his or her name because of illiteracy, his or her name shall be written for him or her and the voter shall make his or her mark upon the poll list, in the presence of any of the election officials, and the election official witnessing the act shall record his or her name, as witness, on the same line with the name of the voter.
(Acts 1953, No. 201, p. 266, §§1, 2; §17-7-15; amended and renumbered by Act 2006-570, p. 1331, §44.)
The signed voter poll list shall be sealed in an envelope before the inspectors begin to count the vote and shall not be opened.
(Code 1907, §367; Code 1923, §457; Code 1940, T. 17, §140; §17-7-16; amended and renumbered by Act 2006-570, p. 1331, §44.)
(a) Any person who wishes assistance in voting may receive assistance from any person the voter chooses except the voter’s employer, an agent of the employer, or an officer or agent of the voter’s union. The voter is not required to state a reason for requesting assistance. To obtain assistance, the voter must specifically request assistance by naming the person from whom assistance is sought and by signing in the appropriate column of the voters’ poll list. The person providing assistance shall legibly sign in the adjacent column on the same line as the assisted voter’s name. By signing the poll list, the assistant shall certify that he or she is not the voter’s employer, an agent of the employer, or an officer or agent of the voter’s union. If the voter is unable to sign the poll list, the person giving assistance shall write the voter’s name in the appropriate column and then sign his or her own name in the third column.
(b) Any voter remaining in a voting station, including, but not limited to, a voting machine, table, booth, or device that permits a voter to complete a ballot in privacy, for four minutes or longer may be asked by a poll official if he or she requires assistance. At the same time, the voter shall be reminded that he or she has the right to have the assistance of any other person as permitted by law in this section, and that the poll officials may assist the voter if he or she so desires. If the voter does not desire assistance, the voter shall be permitted to remain in the voting station for no less than one additional minute. At the end of this additional minute, and if there exists a line of individuals waiting to vote, the voter may be informed that time is up and be asked to leave. If there is no line, the voter shall have as much time as necessary to finish voting. If the voter does request assistance, the voter may have the assistance of any person of his or her choosing currently in the voting place, as permitted by law in this section, and may have no less than an additional five minutes to vote. At the end of this additional five minutes, and if there exists a line of individuals waiting to vote, the voter may be informed that the time is up and be asked to leave the voting station. If there is no line, the voter shall have as much time as necessary to finish voting. Before an assigned voter exits the voting place, the voters’ poll list must be revised to reflect that assistance was received.
(c) An election official shall allow any voter who is mobility disabled or over the age of 70, who so requests, to move to the front of the line at the polling place.
(d) This section applies to general, primary, and special elections.
(e) The Chief election official at each polling place shall post a public notice at each polling place explaining mobility disabled voters or voters over the age of 70 are allowed, upon their request, to move to the front of the line at the polling place.
(Code 1896, §§1623, 1627; Code 1907, §§400, 401; Code 1923, §§490, 491; Code 1940, T. 17, §§176, 177; §17-8-29; amended and renumbered by Act 2006-570, p. 1331, §44; Act 2015-288, §1.)
(a) Any elector who shall by accident or mistake spoil a ballot so that he or she cannot conveniently or safely vote the same may return it to the inspectors and may receive another in lieu thereof, which ballot must be voted or returned to the inspectors by such elector.
(b) Spoiled ballots shall be retained in a separate container.
(Code 1896, §1624; Code 1907, §402; Code 1923, §492; Code 1940, T. 17, §178; §17-8-33; amended and renumbered by Act 2006-570, p. 1331, §44.)
After the close of the polls in all primary, special, general, and municipal elections held in the state, the records and forms produced at the polling places shall be returned as follows:
(1) The list of registered voters, the affirmations of provisional voters, the statements of election officials challenging provisional voters, and the voter reidentification forms shall be sealed in an envelope addressed to the board of registrars and the inspectors and any poll watchers present shall sign across the seal. The board of registrars shall hold the list of registered voters while using it to update their voter histories in accordance with Article 2 of Chapter 4. A copy of the list of registered voters shall be made a public record after the information specified in subdivision (1) of subsection (b) of Section 17-4-33 has been redacted by the board of registrars. The original and copies of the list shall then be returned to the city clerk in municipal elections and the judge of probate in all other elections.
(2) The signed voters’ poll list shall be sealed in an envelope and the inspectors and any poll watchers present shall sign across the seal. The envelope shall be delivered to the judge of probate in general and special elections and to the party chairs in primary elections. The “clerk’s poll list” shall be sealed in an envelope labeled “records of election” and the inspector and any poll watchers present shall sign across the seal and the envelope shall be placed in a “records of election” container and remain there during the period of time for the initiation of an election contest or recount as provided by law. The “records of election” container shall be delivered to the city clerk in municipal elections and the sheriff in all other elections to be retained in accordance with state and federal law.
(Acts 1990, No. 90-557, p. 947, §2; Act 2003-313, p. 733, §2; §17-4-231; amended and renumbered by Act 2006-570, p. 1331, §44; Act 2014-221, p. 704, §1.)
(a) Each elector shall provide valid photo identification to an appropriate election official prior to voting. A voter required to show valid photo identification when voting in person shall present to the appropriate election official one of the following forms of valid photo identification:
(1) A valid Alabama driver’s license or nondriver identification card which was properly issued by the appropriate state or county department or agency.
(2) A valid Alabama photo voter identification card issued under subsection (g) or other valid identification card issued by a branch, department, agency, or entity of the State of Alabama, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector.
(3) A valid United States passport.
(4) A valid employee identification card containing the photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state.
(5) A valid student or employee identification card issued by a public or private college, university, or postgraduate technical or professional school located within the state, provided that such identification card contains a photograph of the elector.
(6) A valid United States military identification card, provided that such identification card contains a photograph of the elector.
(7) A valid tribal identification card containing a photograph of the elector.
(b) Voters requesting an absentee ballot shall submit with the absentee ballot application a copy of one of the forms of identification listed in subsection (a). Notwithstanding subsection (e), an absentee ballot shall not be issued unless the required identification is submitted with the absentee ballot application except as provided in subsection (c).
(c) Notwithstanding subsection (b), if an absentee election manager receives an absentee ballot application on or after the eighth day prior to the election without a copy of one of the forms of identification listed in subsection (a), the absentee election manager, if the applicant is otherwise qualified to vote, shall issue the absentee ballot as a provisional ballot pursuant to subdivision (1) of subsection (c) of Section 17-10-2.
(d) Notwithstanding subsection (b), a voter who is entitled to vote by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (subchapter I-G of Chapter 20 of Title 42 U.S.C.); Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (subchapter I-F of Chapter 20 of Title 42 U.S.C.); or any other federal law, shall not be required to produce identification prior to voting.
(e) An individual required to present valid photo identification in accordance with this section who is unable to meet the identification requirements of this section shall be permitted to vote by a provisional ballot, as provided for by law.
(f) In addition, an individual who does not have valid photo identification in his or her possession at the polls shall be permitted to vote if the individual is positively identified by two election officials as a voter on the poll list who is eligible to vote and the election officials sign a sworn affidavit so stating.
(g) The Secretary of State shall issue, upon application, an Alabama photo voter identification card to registered Alabama electors which shall under state law be valid only for the purposes of voter identification under subsection (a) and available only to registered electors of this state. No fee shall be charged or collected for the application for or issuance of an Alabama photo voter identification card.
(h) No person shall be eligible for an Alabama photo voter identification card if such person has a valid unexpired driver’s license, nondriver identification card, or any other photo identification described in subsection (a).
(i) The Alabama photo voter identification card shall be captioned ALABAMA PHOTO VOTER IDENTIFICATION CARD and shall contain a prominent statement that under Alabama law the card is valid only as identification for voting purposes. The Alabama photo voter identification card shall be laminated, shall contain a digital color photograph of the applicant, shall have the signature of the Secretary of State, and shall include the following information:
(1) Full legal name.
(2) Address as reflected in the person’s voter registration record.
(3) Date of birth.
(4) Eye color.
(5) Gender.
(6) Height.
(7) Weight.
(8) Date identification card was issued.
(9) Other information as required by rule of the Secretary of State.
(j) The application for an Alabama photo voter identification card shall elicit the information required under subdivisions (1) to (7), inclusive, of subsection (i). The application shall be signed and sworn to by the applicant, and any falsification or fraud in the making of the application shall constitute a Class C felony.
(k) The Secretary of State shall require presentation and verification of the following information before issuing an Alabama photo voter identification card to a person:
(1) A photo identity document, except that a non-photo identity document is acceptable if the document includes both the person’s full legal name and date of birth.
(2) Documentation showing the person’s date of birth.
(3) Documentation showing the person is registered to vote in this state.
(4) Documentation showing the person’s name and address as reflected in the voter registration record.
(l) An Alabama photo voter identification card shall remain valid so long as the person resides at that same address and remains qualified to vote. It shall be the duty of a person who moves his or her residence within the State of Alabama to surrender his or her card to the Secretary of State, and such person may after such surrender apply for and receive a new card if the person is otherwise eligible under this section. It shall be the duty of a person who moves his or her residence outside the State of Alabama or who ceases to be qualified to vote to surrender his or her card to the Secretary of State.
(m) The Secretary of State is authorized to contract with a private provider for the production of the Alabama photo voter identification card pursuant to any applicable state bid laws.
(n) The expenses for the production of the Alabama photo voter identification card shall be paid from funds appropriated in the state General Fund for Registration of Voters.
(o) The Secretary of State is directed to inform the public regarding the requirements of subsection (a) through whatever means deemed necessary by the Secretary of State.
(p) The Secretary of State is granted rulemaking authority for the implementation of this section under the Alabama Administrative Procedure Act.
(Act 2003-381, p. 1080, §§1-4; Act 2006-281, p. 496, §1; §17-11A-1; amended and renumbered by Act 2006-570, p. 1331, §46; Act 2010-687, p. 1660, §3; Act 2011-673, p. 1795, §1; Act 2019-507, §1.)
Except as electors are admitted to vote and persons to assist them as herein provided, and except for the judge of probate, the sheriff, or his or her deputy, the precinct election officials, and watchers, no person shall be permitted within 30 feet of the door of the building of the polling place.
(Code 1896, §1621; Code 1907, §371; Code 1923, §461; Code 1940, T. 17, §144; §17-7-18; amended and renumbered by Act 2006-570, p. 1331, §48.)
(a) At any polling place in any state, county, or municipal election, an individual may not do either of the following:
(1) Take a photograph of a ballot, other than the individual’s own ballot.
(2) Reveal another voter’s ballot in a manner that would disclose its contents to anyone other than an individual lawfully assisting the voter.
(b) An individual who violates subsection (a), upon conviction, shall be guilty of a Class A misdemeanor.
(c) This section does not prohibit a voter from making available a photograph of the voter’s own ballot by posting the photograph on the Internet or in some other electronic medium, and any retransmittal of the photograph does not constitute a violation of this section.
(Act 2019-370, §1.)
[Repealed]
Repealed by Act 2019-507, § 2, effective August 1, 2019.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §9; Act 2003-313, p. 733, §2; Act 2006-354, p. 937, §1; §17-10-23; amended and renumbered by Act 2006-570, p. 1331, §48; Act 2014-6, p. 21, §1.)
(a) For the purposes of this section, “election-related expenses” means any of the following:
(1) Payments, salaries, or bonuses for election officials, boards of registrars, and poll workers.
(2) Expenses relating to equipment, ballots, printing, mailing, or transportation.
(3) Expenses relating to signage or media production.
(4) Expenses relating to lectures, educational seminars, or events to train election officials, boards of registrars, or poll workers.
(b) Notwithstanding any other law, no state or local public official responsible for the conduct of an election, nor his or her employee, may solicit, accept, or use any donation in the form of money, grants, property, or personal services from an individual or a nongovernmental entity for the purpose of funding election-related expenses or voter education, voter outreach, or voter registration programs.
(c) This section does not prohibit the donation and acceptance of space to be temporarily used for a polling place.
(d) Notwithstanding this section, if a state public health emergency is proclaimed, donations of items for the preservation or protection of the public health to be used by voters or election officials may be accepted by the Office of the Governor for distribution to each judge of probate, provided written notice of that donation is published on the Governor’s website and transmitted by press release to a media outlet in each county no more than 21 days and no less than 10 days prior to the distribution of the donated items. The written notice shall include the full name, address, and phone number of the donor, and a list of items, including descriptions and quantities and the dollar value. Items shall be distributed to each of the 67 counties equally. The Governor may transfer the items to the Office of the Secretary of State for distribution after publication of notice.
(e) Any person who violates this section shall be guilty of a Class B misdemeanor.
(Act 2022-321, §1.)
(a) Each person who registers to vote by mail shall provide identification prior to the first time they vote in an election containing a federal office on the ballot and as otherwise required by Section 17-9-30.
(b) Voters who are voting by absentee ballot shall submit with the absentee ballot application a copy of one of the forms of identification listed in Section 17-9-30. An absentee ballot shall not be issued unless the required identification is submitted with the absentee ballot application except as provided in subsection (c).
(c) If an individual required to present identification in accordance with this section is unable to meet the identification requirements of this section, the ballot cast is a provisional ballot.
(Act 2003-313, p. 733, §4; §17-10A-1; amended and renumbered by Act 2006-570, p. 1331, §50; Act 2019-507, §1.)
(a) A voter shall be required to cast a provisional ballot when:
(1) The name of the individual does not appear on the official list of eligible voters for the precinct or polling place in which the individual seeks to vote, and the individual’s registration cannot be verified while at the polling place by the registrar or the judge of probate.
(2) An inspector has knowledge that the individual is not entitled to vote at that precinct and challenges the individual.
(3) The individual is required to comply with the voter identification provisions of Section 17-10-1 but is unable to do so. If the voter’s ballot becomes a provisional ballot due to lack of identification, the identification, including the address and telephone number of the voter, must be provided to the board of registrars no later than 5:00 p.m. on the Friday following the election. If the voter fails to provide identification to the board of registrars by 5:00 p.m. on the Friday following the election, the voter’s ballot shall not be counted.
(4) A federal or state court order extends the time for closing the polls beyond that established by state law and the individual votes during the extended period of time. Notwithstanding any other provision of state law, where provisional ballots are cast pursuant to a federal or state court order extending the time for closing the polls beyond that established by state law, the provisional ballots shall be segregated from other provisional ballots into a separate sealed container for such purpose and shall be counted, tabulated, and canvassed only pursuant to the order of a court having proper jurisdiction.
(5) The person has requested, but not voted, an absentee ballot.
(b) The procedure for casting a provisional ballot at the polling place shall be as follows:
(1) An inspector at the polling place shall notify the individual that the individual may cast a provisional ballot in that election and shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system described in subsection (g) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.
(2) The individual shall execute a written affirmation by the individual before the inspector or clerk stating the following:
“State of Alabama, County of ______________ I do solemnly swear (or affirm) that I am a registered voter in the precinct in which I am seeking to vote and that I am eligible to vote in this election.
________________Signature or Mark________________Printed Name of Voter________________Printed Residence Address of Voter________________City State Zip Code________________Date of Birth”
(3) The individual shall complete a voter reidentification form prescribed by the Secretary of State for use in updating the state voter registration list. This form shall indicate whether it is associated with a provisional ballot.
(4) Where a provisional ballot is required on the basis of an inspector’s knowledge that a voter is not qualified to vote in the precinct in which the individual is seeking to vote, the inspector shall sign a statement under penalty of perjury setting forth facts which the inspector believes to support his or her belief that the individual is not qualified to vote in the precinct in which the voter is seeking to vote. The challenge statement of the inspector shall be written on a multi-part form prescribed for such purpose by the Secretary of State and the inspector shall give one copy to the provisional voter, provide one copy to be sealed with the provisional ballots, and provide one copy to be returned to the board of registrars in a sealed envelope.
(5) The voter shall cast the provisional ballot and place it into a sealed ballot box separately identified and utilized for containing provisional ballots.
(c) The procedure for voting a provisional ballot by absentee voting shall be as follows:
(1) Upon receipt of an absentee ballot application, the absentee election manager shall determine whether identification has been properly provided. If the identification has not been properly provided on or after the eighth day before the election, the absentee election manager shall issue the absentee ballot as a provisional ballot and shall do all of the following:
a. Mark the word “provisional” on the second or affidavit envelope prior to transmittal of the absentee ballot.
b. Enclose the following information with the transmittal of the absentee ballot:
A written explanation as to why the ballot is a provisional ballot; how to complete the voter reidentification form and affirmation of provisional voter form; and the procedure followed by the board of registrars in verifying and certifying provisional votes.
A written explanation that identification must be returned with the ballot or must be provided to the board of registrars no later than 5:00 p.m. on the Friday following the election.
A written explanation that in the event the voter fails to provide identification with the voted ballot or fails to provide identification to the board of registrars by 5:00 p.m. on the Friday following the election, the voter’s ballot will not be counted.
A voter reidentification form and an affirmation of provisional voter form.
A written explanation that any individual who casts a provisional ballot will be able to ascertain under the system described in subsection (g) whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.
(2) Upon receipt of an application for an absentee ballot where the voter is not identified as appearing in the precinct for which the voter seeks a ballot, the absentee election manager shall:
a. Mark the word “provisional” on the second or affidavit envelope prior to transmittal of the absentee ballot.
b. Enclose the following information with the transmittal of the absentee ballot:
A written explanation as to why the ballot is a provisional ballot; how to complete the voter reidentification form and affirmation of provisional voter form; and the procedure followed by the board of registrars in verifying and certifying provisional votes.
A voter reidentification form and an affirmation of provisional voter form.
A written explanation that any individual who casts a provisional ballot will be able to ascertain under the system described in subsection (g) whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.
(3) When an absentee ballot becomes a provisional ballot as a result of an absentee precinct inspector having knowledge that the individual is not entitled to vote at the voting place applicable to the voter’s ballot and challenges the voter’s right to vote a particular ballot, the absentee precinct inspector shall follow the same procedure identified in subdivision (4) of subsection (b) except as follows:
a. In lieu of providing the provisional voter with a copy of the poll worker challenge statement, the inspector shall provide two copies to the absentee election manager once the results from the absentee precinct have been tabulated and certified.
b. The absentee election manager shall mail one copy of the challenge statement of the inspector by first class mail by the day after the election to the mailing address provided on the provisional voter’s application for an absentee ballot and shall enclose with it a written explanation of the procedure used by the board of registrars in verifying and certifying provisional ballots; an address and telephone number by which the provisional voter may respond; and a written explanation that any individual who casts a provisional ballot will be able to ascertain under the system described in subsection (g) whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.
(d) Upon the closing of the polls, the sealed ballot box containing the provisional ballots shall be returned unopened to the sheriff, or in municipal elections to the municipal clerk, who shall keep it securely until such time as the provisional ballots are counted in accordance with subsection (f). The written affirmations of the provisional voters, inspector challenge statements, and all voter reidentification forms shall be placed in a sealed envelope addressed to the board of registrars and delivered by the sheriff, or in municipal elections by the municipal clerk, to the board of registrars no later than noon on the day following the election.
(e) Upon receipt of materials returned from the polling places, the board of registrars shall forthwith update the state voter registration list utilizing the voter reidentification forms of provisional voters and shall verify by a certification attached to each provisional voter affirmation whether the provisional vote is entitled to be counted and the reason for or against counting the provisional ballot. For the purposes of a municipal election, when verifying a provisional ballot based upon the fact that the individual’s name does not appear on the official list of eligible voters for the polling place in which the individual seeks to vote, the board of registrars shall verify that the voter is registered to vote at an address located within the municipal corporate limits or district within which he or she seeks to vote. When verifying a provisional ballot based upon the challenge of an inspector, the board of registrars shall promptly contact the voter by first class mail and provide an explanation of how the provisional voter may respond to the challenge. After determining that the provisional voter has had notice and an opportunity to be heard, the board of registrars shall verify by a certification attached to the challenge statement whether the provisional ballot is due to be counted and, if not, why it should not be counted. The board of registrars shall deliver the provisional voter affirmations and inspector challenge statements, with the certified findings of the board of registrars attached, to the judge of probate, or in municipal elections to the municipal clerk, no later than noon seven days after the election until which time the findings shall remain confidential. Upon delivery of the materials, the board of registrars shall enter into the state voter registration list a voter history providing identification of voters who cast provisional ballots, whether their ballot was counted, and the reason the ballot either was or was not counted.
(f) Commencing at noon, Tuesday, seven days after the election, the canvassing board, or in municipal elections the municipal governing body, in the presence of watchers, shall tabulate provisional ballots which have been certified by the board of registrars as cast by registered and qualified voters of the voting places in which the ballots were cast. For the purpose of making election returns of provisional ballots, provisional balloting results shall be returned and canvassed as a separate precinct while disclosing all votes for candidates and ballot measures cast in the ballots. The canvassing board shall certify on a form to be prescribed by the Secretary of State the results of the provisional votes cast and shall post one copy in a public location within the courthouse, or in the city hall in municipal elections, and shall seal one copy with the provisional ballots, provisional voter affirmations, inspector or clerk challenge statements, and certifications of the board of registrars into a sealed container or, in the case of primary elections, containers designated for each political party for such purpose. The containers shall be delivered and remain secured with the other records of the election in accordance with state law.
(g) The board of registrars, after verifying the identity of a provisional voter, shall make available at the request of such voter, the findings of the board of registrars as to whether the individual’s provisional ballot was counted and, if not, the reason why. This may be accomplished by telephone, by letter, or by secured electronic means. The Secretary of State shall provide a secure means for provisional voters to verify by electronic means whether the individual’s vote was counted and, if not, the reason why. There shall be no charge to the provisional voters for obtaining this information.
(h) The Secretary of State, by rule, may address the means of identifying ballots cast by particular provisional voters by the appointing board and the method of providing confidentiality and security to communications with provisional voters seeking information about the status of their ballot. Notice of any proposed rule or amendment to an existing rule relating to provisional balloting shall be sent by certified mail to every judge of probate at least 30 days prior to certification of the proposed rule or amendment under the Administrative Procedure Act.
(Act 2003-313, p. 733, §5; Act 2006-281, p. 496, §1; §17-10A-2; amended and renumbered by Act 2006-570, p. 1331, §50; Act 2019-507, §1.)
It shall be unlawful for any elector to cast his or her ballot during any general election, primary election, municipal election or special election in any precinct, any district, any ward, or any other subdivision where his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision. All ballots cast in any election contrary to this section are hereby declared illegal and, upon a contest duly instituted, the ballots shall be excluded in determining the final result of any election; provided, that nothing in this section shall prevent any qualified elector residing in the precinct, ward, or voting district from voting after presenting a proper certificate from the board of registrars, or from voting a provisional ballot or a provisional ballot in municipal elections when his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision.
(Acts 1947, No. 482, p. 331, §2; Code 1975, §17-4-18; Acts 1978, No. 584, p. 667, §23; Act 2003-313, p. 733, §2; §17-4-127; amended and renumbered by Act 2006-570, p. 1331, §50.)
As used in this chapter, “circuit clerk” includes any successor in function to the circuit clerk.
(Acts 1975, No. 1147, p. 2251, §16; §17-10-1; amended and renumbered by Act 2006-570, p. 1331, §52.)
In each county there shall be an “absentee election manager,” who shall fulfill the duties assigned by this article. The circuit clerk of the county shall, at his or her option, be the absentee election manager. If the circuit clerk of the county declines the duties of absentee election manager, the appointing board shall thereupon appoint an absentee election manager, who shall be a person qualified by training and experience, who is a qualified elector of the county and who is not a candidate in the election to perform the duties assigned by this article. The county commission shall designate the place or office where such duties shall be performed. Such place or office shall be open on the days and during the hours as that of the circuit clerk prior to each election. Any person so appointed shall have all the powers, duties, and responsibilities of the circuit clerk for the purposes of this article, including the power to administer oaths. Such powers, duties, and responsibilities shall terminate when the election results are certified. The absentee election manager or circuit clerk shall be entitled to the same compensation for the performance of his or her duties as is provided in Section 17-11-14.
(Acts 1978, No. 616, p. 873, §1; §17-10-2; amended and renumbered by Act 2006-570, p. 1331, §52.)
(a) Any qualified elector of this state may apply for and vote an absentee ballot by mail, by hand delivery, or by commercial carrier, as determined by rule by the Secretary of State, as provided in Sections 17-11-5 and 17-11-9, in any primary, general, special, or municipal election, if he or she makes application in writing and meets one or more of the following requirements:
(1) The person expects to be out of the county or the state, or the municipality for municipal elections, on election day.
(2) The person has any physical illness or infirmity which prevents his or her attendance at the polls, whether he or she is within or without the county on the day of the election.
(3) The person expects to work a shift which has at least 10 hours which coincide with the hours the polls are open at his or her regular polling place.
(4) The person is enrolled as a student at an educational institution located outside the county of his or her personal residence, attendance at which prevents his or her attendance at the polls.
(5) The person is a member of, or spouse or dependent of a member of, the Armed Forces of the United States or is similarly qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301-20311.
(6) The person has been appointed as an election officer or named as a poll watcher at a polling place other than his or her regular polling place.
(7) The person is a caregiver for a family member to the second degree of kinship by affinity or consanguinity and the family member is confined to his or her home.
(8) The person is incarcerated in prison or jail and has not been convicted of a felony involving moral turpitude, as provided in Section 17-3-30.1.
(b) Applications returned by mail must be received not less than seven days prior to the election. Applications returned by hand must be received not less than five days prior to the election.
(c) An applicant for an absentee ballot who is a member of the Armed Forces of the United States, including the Alabama National Guard, the United States Naval Reserves, the United States Air Force Reserves, and the United States Army Reserve on active duty or active duty for training or an applicant who is the spouse of any member of the armed forces or any other applicant qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301-20311, may make application for an absentee ballot by filling out the federal postcard application form, authorized and provided for under the provisions of The Federal Voting Assistance Act of 1955, Public Law 296, Chapter 656, H.R. 4048, approved August 9, 1955, 84th Congress 1st Session.
(d) Any registered elector who requires emergency treatment of a licensed physician within five days of an election may apply for an emergency absentee ballot for the election and may vote by returning the absentee ballot no later than noon on the day the election is held. The attendant physician shall describe and certify the circumstances as constituting an emergency on a special form designed by the Secretary of State and provided by his or her office to local absentee election managers. The special form shall be attached to the application.
(e)(1) Any registered elector whose name appears on the poll list of qualified voters may vote by an emergency absentee ballot if any of the following situations arise:
a. The elector is required by his or her employer under unforeseen circumstances within five days before an election to be unavailable to vote at the polls on election day.
b. The elector is a caregiver of a person who requires emergency treatment by a licensed physician within five days before an election.
c. A family member to the second degree of kinship by affinity or consanguinity of an elector dies within five days before an election.
(2) Under such circumstances, the elector shall apply for an emergency absentee ballot at the office of the absentee election manager no later than the close of the business day one day prior to the election. The applicant shall complete and file an application form designed by the Secretary of State for emergency absentee voters. The form shall contain an affidavit which the applicant shall sign or swear acknowledging that he or she was not aware of the situation constituting the emergency prior to five days before the election. An applicant who meets the requirements of this subsection may vote by an emergency absentee ballot. After voting the ballot, the voter shall hand the ballot to the absentee election manager.
(f) If the occurrence of a state of emergency as declared in this or any other state, or by the federal government, renders substantial compliance with this article impossible or unreasonable for a group of qualified voters who respond to the emergency, the Secretary of State, pursuant to Section 41-22-5, may adopt an emergency rule to allow those qualified voters to vote by absentee ballot. Notwithstanding any other laws to the contrary, all expenses and costs incurred by the state or any county in carrying out the responsibilities and duties included in an emergency rule adopted pursuant to this subsection shall be paid by the State of Alabama from any funds made available for election expenses under state and federal law.
(g) Notwithstanding any other provision of otherwise applicable law, in the event more than one absentee ballot is cast in the name of the single voter, whether any multiple ballot is cast by mail or otherwise, none of the affidavit envelopes containing the multiple ballots shall be opened, and none of the multiple ballots shall be counted, except in the event of an election contest, upon the order of the election contest tribunal. Upon the conclusion of an election contest or, in the event no contest is filed, upon the expiration of time for filing a contest, the multiple ballots shall be provided to the district attorney, with photocopies provided to the state Attorney General, for the investigation, prosecution, or other action as may be appropriate under applicable law.
(Acts 1975, No. 1147, p. 2251, §1; Acts 1986, No. 86-428, p. 791, §1; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §1; Act 99-388, p. 615, §1; Act 2001-1097, 4th Sp. Sess., p. 1147, §1; §17-10-3; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2013-202, p. 419, §1; Act 2019-507, §1; Act 2021-364, §1.)
(a) Notwithstanding Sections 17-11-3, 17-11-4, and 17-11-5, a qualified voter who has a permanent disability preventing his or her attendance at the polls may vote by absentee ballot in accordance with this section.
(b) The Secretary of State shall adopt rules that provide a process for a voter who has a permanent disability to be placed on an absentee voter list and have a ballot automatically mailed to him or her before each election. The rules shall include, but not be limited to, all of the following:
(1) An application procedure for permanently disabled voters to vote by absentee ballot on an on-going basis. The procedure shall require that the application form be signed and notarized by the disabled voter’s primary physician.
(2) A procedure for verifying the identity of a voter and determining that the voter has a permanent disability preventing his or her attendance at the polls.
(3) A procedure for the voter to apply to the absentee ballot manager on an annual basis.
(4) A procedure for automatically mailing absentee ballots before each election in a timely manner to permanently disabled voters who have been placed on the absentee voter list.
(Act 2019-359, §1.)
(a) The application required in Section 17-11-3 shall be in a form prescribed and designed by the Secretary of State and shall be used throughout the state. The application form shall contain and require all of the following:
(1) That the applicant submit sufficient information to identify the applicant.
(2) The applicant’s name, residence address, and such other information as necessary to verify that the applicant is a registered voter.
(3) A list of all felonies of moral turpitude, as provided in Section 17-3-30.1, and a requirement that the applicant declare that he or she is not barred from voting because of a disqualifying felony conviction or, if the applicant was convicted of a disqualifying felony, that the applicant’s right to vote has been restored.
(4) An explanation of penalties for violations of this section.
(b)(1) Any applicant may receive assistance in filling out the application as he or she desires, but each application shall be manually signed by the applicant, under penalty of perjury, and if he or she signs by mark, the application shall also include the name of the witness and the witness’s signature.
(2) It shall be unlawful for any person to knowingly distribute an absentee ballot application to a voter which is prefilled with the voter’s name or any other information required on the application form.
(c)(1) Completed applications may be submitted to the absentee election manager in any of the following ways, as further provided by rule of the Secretary of State:
a. The applicant delivering the application in person.
b. The applicant mailing the application by U.S. mail.
c. The applicant sending the application by commercial carrier.
(2) Except in situations governed by Section 17-11-3(f), it shall be unlawful for an individual to submit a completed absentee ballot application to the absentee election manager other than his or her own application, except that an application for a voter who requires emergency treatment by a licensed physician within five days before an election pursuant to Section 17-11-3 may be submitted to the absentee election manager by an individual designated by the applicant.
(d)(1) Except in situations governed by Section 17-11-3(f), it shall be unlawful for a third party to knowingly receive a payment or gift for distributing, ordering, requesting, collecting, completing, prefilling, obtaining, or delivering a voter’s absentee ballot application. Any person who violates this subdivision shall be guilty of a Class C felony.
(2) Except in situations governed by Section 17-11-3(f), it shall be unlawful for a person to knowingly pay or provide a gift to a third party to distribute, order, request, collect, prefill, complete, obtain, or deliver a voter’s absentee ballot application. Any person who violates this subdivision shall be guilty of a Class B felony.
(e) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by an individual of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.
(f) Voters voting by absentee ballot through the Uniformed and Overseas Citizens Absentee Voting Act are not subject to this section. The Secretary of State shall provide applications for absentee voting to military and overseas voters in accordance with Section 17-4-35.
(Acts 1975, No. 1147, p. 2251, §2; Acts 1978, No. 616, p. 873, §2; Acts 1980, No. 80-732, p. 1478, §1; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §2; Act 2003-313, p. 733, §2; §17-10-4; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2019-507, §1; Act 2024-33, §1.)
(a) Upon receipt of an application for an absentee ballot as provided in Section 17-11-3, if the applicant’s name appears on the list of qualified voters produced from the state voter registration list in the election to be held, or if the applicant qualifies for a provisional absentee ballot, the absentee election manager shall furnish the absentee ballot to the applicant by: (1) Forwarding it by United States mail to the applicant’s or voter’s residence address or, upon written request of the voter, to the address where the voter regularly receives mail; or (2) by handing the absentee ballot to the applicant in person or, in the case of emergency voting when the applicant requires medical treatment, his or her designee in person. If the absentee election manager has reasonable cause to believe that the applicant has given a fraudulent address on the application for the absentee ballot, the absentee election manager shall turn over the ballot application to the district attorney for any action which may be necessary under this article. The absentee election manager may require additional proof of an applicant’s eligibility to vote absentee when there is evidence of continuous absentee voting. The absentee election manager shall mail any absentee ballot requested to be mailed as provided in Section 17-11-3 no later than the next business day after an application has been received unless the absentee ballots have not been delivered to the absentee election manager. If the absentee ballots have not been so delivered, the absentee election manager shall hold all requests until the ballots are delivered and shall then respond by placing ballots in the mail no later than the next business day.
(b) The official list of qualified voters shall be furnished to the absentee election manager by the judge of probate using a printout from the state voter registration list of registered voters for that county containing voter registration information useful in the identification of absentee voters. The information provided in this report shall be established by rules adopted by the Secretary of State with the advice of the Alabama Circuit Court Clerks Association or its members and shall indicate whether the individual is obligated to produce identification in accordance with Sections 17-9-30 and 17-10-1. The Secretary of State may further provide by administrative rule for electronic access to this list for optional use by the absentee election manager. This list shall be made available beginning at least 55 days before the election. In municipal elections, the official list of qualified voters shall be furnished to the absentee election manager at least 35 days before the election. Any supplemental list of qualified electors shall also be provided to the absentee election manager as soon as the list becomes available. The absentee election manager shall underscore on the list the name of each voter who has applied for an absentee ballot and shall write immediately beside his or her name the word “absentee.” The Secretary of State by rule may provide for electronic access to the absentee election manager’s county list of registered voters in lieu of the printed list and for the method of identifying applicants for absentee ballots in conjunction with the state voter registration list.
(c)(1) The list of electors voting by absentee ballot shall remain confidential until the day following the election. The absentee election manager in all elections shall deliver to the board of registrars the day following the election, a copy of the list of all absentee voters, at which point the list is deemed a public record. The list shall be maintained in the office of the circuit clerk for 60 days after the election, at which time it shall be delivered to the judge of probate. Before the polls open at any election on election day, the absentee election manager shall effectuate the delivery to the election officers of each voting place a list showing the name and address of every person whose name appears on the official list of qualified electors for the voting place who applied for an absentee ballot in the election. The name of the person who applied for an absentee ballot shall be identified as an absentee voter on the list of qualified electors kept at the voting place, and the person shall not vote again, except that in county, state, and federal elections the person may vote a provisional ballot. Applications for absentee ballots are required for elections that are more than 42 days apart, except as to individuals voting pursuant to the federal Uniformed and Overseas Absentee Voting Act, 42 U.S.C. 1973ff.
(2) The absentee election manager shall redact any information required to be redacted pursuant to Section 17-4-33 from any copy of an absentee voter list. This subdivision shall not affect poll lists used at local precincts.
(d) For individuals voting pursuant to the federal Uniformed and Overseas Absentee Voting Act, 42 U.S.C. 1973ff, the Secretary of State, by rule, shall prescribe use of standardized military and overseas voter registration applications and applications for absentee ballots adopted by the United States government. The Secretary of State shall also prescribe by rule provisions within the standard state application form for absentee voting which permit the voter to identify himself or herself as a military or overseas voter. Unless otherwise indicated by the military or overseas voter, an application for an absentee ballot by such a voter shall remain valid for any election for a federal, state, or county office or for any proposed constitutional amendment or a state or county referendum held through the end of the calendar year in which the application is filed, provided that if an election cycle begins one year and continues into the subsequent year, the application shall be valid for the whole election cycle. The absentee election manager shall provide an absentee ballot to the military and overseas voters for each such subsequent election. The absentee election manager, within seven days after each regularly scheduled general election for federal office, shall report the number of military and overseas ballots mailed out and the number of ballots received to the Secretary of State, who shall report this information to the Federal Election Assistance Commission within 90 days of each regularly scheduled general election for federal office.
(Acts 1975, No. 1147, p. 2251, §3; Acts 1978, No. 616, p. 873, §3; Acts 1980, No. 80-732, p. 1478, §2; Acts 1986, No. 86-428, p. 791, §2; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §3; Act 99-388, p. 615, §1; Act 2001-1097, 4th Sp. Sess., p. 1147, §1; Act 2003-313, p. 733, §2; Act 2003-400, p. 1150, §1; §17-10-5; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2014-6, p. 21, §1; Act 2014-221, p. 704, §1; Act 2019-507, §1.)
The official ballots for any election to which this act pertains shall be in the same form as the official regular ballots for the election, except that they shall have printed thereon the words, “Official Absentee Ballot.”
(Acts 1975, No. 1147, p. 2251, §4; Acts 1980, No. 80-732, p. 1478, §3; §17-10-6; amended and renumbered by Act 2006-570, p. 1331, §52.)
(a) Each absentee ballot shall be accompanied by an envelope upon which shall be printed an affidavit.
(b) With respect to an absentee ballot cast pursuant to Section 17-11-3, the affidavit shall read as follows:
“State of Alabama
County of ___________
I, the undersigned, do swear (or affirm) that:
My place of residence in Alabama is:________________ (street)____________________,Alabama __________(city or town)(zip code)
My date of birth is: __________ month day year
I am entitled to vote an absentee ballot because:
Check at least one:
___ I expect to be out of the county or the state on election day.
___ I am physically incapacitated and will not be able to vote in person on election day.
___ I expect to work a required workplace shift which has at least 10 hours which coincide with the polling hours at my regular polling place.
___ I am a student at an educational institution located outside the county of my permanent residence and am therefore unable to vote at my usual polling place on election day.
___ I am a member of or a spouse or dependent of a member of the Armed Forces of the United States or am otherwise entitled to vote pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.
___ I have been appointed as an election officer at a polling place which is not my regular polling place.
___ I will be out of the county on election day responding to a state of emergency as declared by this state or any other state, or by the federal government.
___ I am a caregiver for a family member to the second degree of kinship by affinity or consanguinity and the family member is confined to his or her home.
___ I am currently incarcerated in prison or jail and I have not been convicted of a felony involving moral turpitude.
I further swear (or affirm) that I have not voted nor will I vote in person in the election to which this ballot pertains.
I have marked the enclosed absentee ballot voluntarily and I have read or had read to me and understand the instructions accompanying this ballot and I have carefully complied with such instructions.
Moreover, I further swear (or affirm) that all of the information given above is true and correct to the best of my knowledge and that I understand that by knowingly giving false information so as to vote illegally by absentee ballot that I shall be guilty of a misdemeanor which is punishable by a fine not to exceed one thousand dollars ($1,000) or confinement in the county jail for not more than six months, or both.
_________________(Signature or mark of voter.)___________________(Printed name of voter.)
IF YOUR AFFIDAVIT IS NOT SIGNED (OR MARKED), AND IF YOUR AFFIDAVIT IS NOT WITNESSED BY TWO WITNESSES 18 YEARS OF AGE OR OLDER OR A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ACKNOWLEDGE OATHS, PRIOR TO BEING DELIVERED OR MAILED TO THE ABSENTEE ELECTION MANAGER, YOUR BALLOT WILL NOT BE COUNTED.
Sworn to and subscribed before me this _____ day of ___, 2.
I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be. ___________________ (Signature of official) (Title of official) ___________________ (Address of official) OR 1st Witness____________ Signature _____________ Print name _____________ Address ______________ City Zip Code
2nd Witness______________ Signature _____________ Print name _____________ Address ______________ City Zip Code”
(c) Unless running unopposed, a candidate may not witness or notarize any absentee ballot.
(Acts 1975, No. 1147, p. 2251, §5; Acts 1980, No. 80-732, p. 1478, §4; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §4; Act 99-388, p. 615, §1; Act 2001-1097, 4th Sp. Sess., p. 1147, §1; §17-10-7; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2013-202, p. 419, §1; Act 2019-507, §1.)
The form of the affidavit which shall be printed on the envelope used in primary elections shall be the same as that used in general, special, and municipal elections; except, that the following sentence shall be added and inserted therein immediately above the signature of the voter:
“I am a member of the ________ Party and subscribe to all conditions and qualifications laid down by that party’s committee as a requisite for participation in the election ________ (Signature of Voter).”
Such affidavit shall be sworn to in the same manner and form as in general, special, and municipal elections.
(Acts 1975, No. 1147, p. 2251, §6; Acts 1980, No. 80-732, p. 1478, §4; §17-10-8; amended and renumbered by Act 2006-570, p. 1331, §52.)
Each prospective absentee voter who meets the requirements of this article shall be furnished with the absentee ballot herein provided for, together with two envelopes for returning his or her marked ballot and instructions for completing and returning the absentee ballot as well as instructions for correcting mistakes in completing ballots or obtaining a replacement ballot. One envelope shall be a plain envelope in which the ballot shall be sealed by the voter after he or she has marked it.
The second envelope shall have the voter’s affidavit printed on the back and shall be large enough to seal the plain ballot envelope inside. The second envelope shall also be a return mail envelope.
Such return mail envelope shall be addressed on the front to the absentee election manager and shall be endorsed on the left-hand upper corner thereof as follows:
“Absent Voter’s Ballot. State, County, Municipal, General, Primary, or Special Election (as the case may be) to be held on the ___ day of __, 2 From ______ (name of voter), precinct or districts _________, County of _______, Alabama.”
After marking the ballot and subscribing the oath herein required, the voter shall seal his or her ballot in the plain envelope, place that plain envelope inside the affidavit envelope, complete the affidavit, have a notary public (or other officer authorized to acknowledge oaths) or two witnesses witness his or her signature to the affidavit, and forward it by United States mail to the absentee election manager or hand it to him or her in person.
Notwithstanding the other provisions of this section, the absentee election manager shall determine whether an applicant for an absentee ballot is obligated to produce identification in accordance with Sections 17-9-30 and 17-10-1 or reidentify in accordance with Chapter 4. For absentee applicants required to produce identification, a third envelope of different color and sufficient size to enclose the first and second envelopes shall be provided to the applicant along with instructions for including a proper form of identification in accordance with Sections 17-9-30 and 17-10-1.
For absentee applicants required to reidentify because they do not appear in the voting place for which they seek to vote but do appear in another voting place within the state voter registration list, the absentee election manager shall provide to the voter a third envelope of different color and sufficient size to enclose the first and second envelopes along with a voter reidentification form, a provisional voter affirmation, and instructions in accordance with Section 17-10-2. Such ballot shall be treated as a provisional ballot and the term “Provisional” shall be marked on the second or affidavit envelope prior to transmitting the ballot to the voter. Applicants for an absentee ballot who do not appear on the state voter registration list shall not be entitled to an absentee ballot.
(Acts 1975, No. 1147, p. 2251, §7; Acts 1978, No. 616, p. 873, §4; Acts 1980, No. 80-732, p. 1478, §5; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §5; Act 2003-313, p. 733, §2; §17-10-9; amended and renumbered by Act 2006-570, p. 1331, §52.)
(a) Upon receipt of the absentee ballot, the absentee election manager shall record its receipt on the absentee list as provided in Section 17-11-5 and shall safely keep the ballot without breaking the seal of the affidavit envelope.
(b)(1) The absentee election manager, beginning at 7:00 a.m. on the day of the election, shall deliver the sealed affidavit envelopes containing absentee ballots to the election officials provided for in Section 17-11-11. The election officials shall then call the name of each voter casting an absentee ballot with poll watchers present as may be provided under the laws of Alabama and shall examine each affidavit envelope to determine if the signature of the voter has been appropriately witnessed. If the witnessing of the signature and the information in the affidavit establish that the voter is entitled to vote by absentee ballot, then the election officials shall certify the findings, open each affidavit envelope, and deposit the plain envelope containing the absentee ballot into a sealed ballot box.
(2) No poll worker or other election official shall open an affidavit envelope if the envelope indicates the ballot is an unverified provisional ballot or the affidavit is unsigned by the voter or unmarked, and no ballot envelope or ballot may be removed or counted. No poll worker or other election official shall open an affidavit envelope if the voter’s affidavit signature or mark is not witnessed by the signatures of two witnesses or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, and no ballot envelope or ballot may be removed or counted. The provision for witnessing of the voter’s affidavit signature or mark in Section 17-11-7 goes to the integrity and sanctity of the ballot and election. No court or other election tribunal shall allow the counting of an absentee ballot with respect to which the voter’s affidavit signature or mark is not witnessed by the signatures of two witnesses 18 years of age or older or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, prior to being delivered or mailed to the absentee election manager.
(3) Upon closing of the polls, the absentee ballots shall be counted and otherwise handled in all respects as if the absentee voter were present and voting in person. Precinct ballot counters may be used to count absentee ballots. Absentee election officials are to be appointed and trained in the same manner as prescribed for regular election officials. The number of absentee election officials shall be determined by the number of precinct counters provided. The county commission may provide more than one precinct ballot counter based upon the recommendation of the absentee election manager. Beginning not earlier than 7:00 a.m. on election day, the absentee election officials shall perform the duties prescribed in Section 17-11-11.
(4) As regards municipalities with populations of less than 10,000, in the case of municipal elections held at a time different from a primary or general election, the return mail envelopes containing the ballots shall be delivered to the election official of the precinct of the respective voters, unless the city or town having a population of less than 10,000 inhabitants has established, by permanent ordinance adopted six months prior to the municipal election, a procedure for the appointment of absentee election officials pursuant to subsection (c) of Section 11-46-27.
(c)(1) Absentee ballots cast in a second primary election for federal, state, or county office by individuals voting pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301-20311, and received after noon on the day of the second primary election, shall be opened and counted at the same time as the verified provisional ballots. At noon seven days after the second primary election, the absentee election manager shall deliver the sealed affidavit envelopes containing absentee ballots to the officials provided for in subsection (f) of Section 17-10-2. The officials shall call the name of each voter casting an absentee ballot in the presence of watchers designated by any interested candidates and shall examine each affidavit envelope to determine if the signature of the voter has been appropriately witnessed. If the witnessing of the signature and the information in the affidavit establish that the voter is entitled to vote by absentee ballot, then the election officials shall certify the findings, open each affidavit envelope, and deposit the plain envelope containing the absentee ballot into a sealed ballot box.
(2) No election official shall open an affidavit envelope if the affidavit printed thereon is unsigned by the voter or unmarked, and no ballot envelope or ballot therein may be removed or counted. No election official shall open an affidavit envelope if the voter’s affidavit signature or mark is not witnessed by the signatures of two witnesses or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, and no ballot envelope or ballot therein may be removed or counted. The provision for witnessing of the voter’s affidavit signature or mark in Section 17-11-7 goes to the integrity and sanctity of the ballot and election. No court or other election tribunal shall allow the counting of an absentee ballot with respect to which the voter’s affidavit signature or mark is not witnessed by the signatures of two witnesses 18 years of age or older or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, prior to being delivered or mailed to the absentee election manager.
(3) The absentee ballots described in this subsection shall be opened, counted, and tabulated. The results of the absentee ballots counted and tabulated on election day shall be amended to include the results of the absentee ballots described in this subsection.
(4) In all other respects, unless otherwise specifically provided by law, the absentee ballots described in this subsection shall be treated as other absentee ballots.
(Acts 1975, No. 1147, p. 2251, §8; Acts 1978, No. 616, p. 873, §5; Acts 1980, No. 80-732, p. 1478, §6; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §6; Act 2003-313, p. 733, §2; Act 2003-400, p. 1150, §1; Act 2006-354, p. 937, §1; §17-10-10; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2021-364, §1.)
(a) For every primary, general, special, or municipal election, there shall be appointed one inspector and at least three clerks, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election on that day, in the courthouse, or municipal building for municipal elections, as designated by the absentee election manager for the purpose of counting and returning the ballots cast by absentee voters. The returns from the absentee precinct shall be made as required by law for all other boxes. It shall be unlawful for any election official or other person to publish or make known to anyone the results of the count of absentee votes before the polls close.
(b) Any person or organization authorized to appoint poll watchers under Sections 17-8-7 and 17-13-11 may have a single watcher present at the counting of absentee ballots, with the rights as are conferred by the sections and by any other provisions of state law.
(c) This section shall not apply to municipal elections in cities and towns of less than 10,000 inhabitants which are held at a time different from a primary or general election. These cities or towns may establish a procedure for the appointment of absentee election officials pursuant to subsection (c) of Section 11-46-27 by permanent ordinance adopted six months prior to the municipal election.
(Acts 1975, No. 1147, p. 2251, §9; Acts 1980, No. 80-732, p. 1478, §7; Acts 1994, No. 94-692, p. 1332, §1; Act 2003-400, p. 1150, §1; §17-10-11; amended and renumbered by Act 2006-570, p. 1331, §52.)
Not less than 55 days prior to the holding of any election, except a municipal election, to which this article pertains, or in the case of a runoff primary election, not more than 14 days after the first primary election, the officer charged with the printing and distribution of the official ballots and election supplies shall deliver to the absentee election manager of each county in which the election is held or to the individual designated to serve in his or her place a sufficient number of absentee ballots, envelopes, and other necessary supplies. Not less than 28 days prior to the general election in a municipal election, or in the case of a runoff municipal election, not more than 10 days after the first election, or in the case of a municipal election held for a purpose other than the election of municipal officers, not more than seven days after the giving of notice of the election, the officer charged with the printing and distribution of the official ballots and election supplies shall deliver to the absentee election manager of the municipality in which the election is held, or to the individual designated to serve in his or her place, a sufficient number of absentee ballots, envelopes, and other necessary supplies. If the absentee election manager is a candidate with opposition in the election, he or she shall immediately, upon receipt of the ballots, envelopes, and supplies, deliver them to the individual authorized to act in his or her place, as provided in Section 17-11-13.
(Acts 1975, No. 1147, p. 2251, §10; Acts 1978, No. 616, p. 873, §6; Acts 1980, No. 80-732, p. 1478, §8; Acts 1986, No. 86-428, p. 791, §3; Acts 1992, No. 92-152, p. 262, §1; Acts 1994, No. 94-320, p. 553, §1; Act 2003-400, p. 1150, §1; Act 2006-281, p. 496, §1; Act 2006-354, p. 937, §2; §17-10-12; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2014-6, p. 21, §1; Act 2019-318, §1; Act 2021-157, §1.)
When the circuit clerk is a candidate for any office and has opposition, he or she shall be disqualified from performing any of the duties imposed by this chapter with reference to the handling of absentee ballots. At least 55 days prior to the election, the circuit clerk shall certify to the appointing board of the county his or her candidacy with opposition and that he or she is disqualified to serve or otherwise prevented from serving. The appointing board shall thereupon appoint a person to serve as absentee election manager in the manner provided for in Section 17-11-2.
(Acts 1975, No. 1147, p. 2251, §§11, 16; Acts 1978, No. 616, p. 873, §7; Acts 1986, No. 86-428, p. 791, §4; Acts 1988, No. 88-88, p. 114, §1; §17-10-13; amended and renumbered by Act 2006-570, p. 1331, §52.)
The county commission shall determine the amount of compensation to be paid to the absentee election manager or other absentee election manager for the performance of his or her duties with respect to absentee ballots for which his or her services are required during the 55-day period prior to the election, the day of the election, and the seven-day period following the election during which ballots under the Uniformed and Overseas Citizens Absentee Voting Act may be returned, but such compensation shall be at least fifty dollars ($50) per day or the same pay as an inspector as authorized under Section 17-8-12, and the total number of days worked may not exceed 46 days. In all counties in which the compensation of absentee election managers is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the absentee election manager shall not be increased or decreased. The amount shall be the total compensation allowed the absentee election manager for duties relating to absentee ballots in all elections held on the same day and shall be paid from the county treasury. Any reimbursement shall be as provided in Chapter 16.
(Acts 1975, No. 1147, p. 2251, §12; Acts 1978, No. 616, p. 873, §8; Acts 1986, No. 86-428, p. 791, §5; Acts 1988, No. 88-88, p. 114, §2; Act 2000-722, p. 1547, §1; §17-10-14; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2010-687, p. 1660, §2; Act 2019-415, §1.)
In any municipal election that is held at a time different from a primary or general election, the duties with reference to the handling of absentee ballots which are required of the circuit clerk shall be performed by the town clerk, city clerk, or other officer performing the duties of the clerk. If such clerk or other officer is also a candidate in such election, the governing body of the city or town shall appoint a qualified elector of the city or town to perform the duties. Such person so appointed shall have all the powers, duties, and responsibilities of the circuit clerk under this chapter.
(Acts 1975, No. 1147, p. 2251, §13; §17-10-15; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2010-687, p. 1660, §2.)
All necessary and proper expenses and costs incurred in the carrying out of the provisions of this chapter for which no special provision is made in this chapter shall be paid for in the same manner as are necessary costs and expenses incurred in the several classes of elections enumerated under this chapter.
(Acts 1975, No. 1147, p. 2251, §14; §17-10-16; amended and renumbered by Act 2006-570, p. 1331, §52.)
[Repealed]
Repealed by Act 2006-581, p. 496, §2, effective January 1, 2007.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §8; §17-10-22; Act 2006-570, §52.)
(a) No absentee ballot shall be opened or counted if received by the absentee election manager by mail, unless received by mail no later than noon on the day of election, or, if received by the absentee election manager by hand delivery, unless so delivered by the voter or medical emergency designee to the absentee election manager not later than the close of the last business day next preceding the election or, if delivered by the medical emergency designee, by noon on the day of the election.
(b) The above provision does not apply in the case of individuals voting absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. §§ 20301-20311, when those individuals are voting in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda. In the case of UOCAVA voters voting absentee in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda, no absentee ballot shall be opened or counted, if received by the absentee election manager by mail, unless postmarked as of the day of the primary, second primary, general, or special election and received by mail no later than noon seven days after the primary, second primary, general, or special election.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §9; Act 2003-313, p. 733, §2; Act 2006-354, p. 937, §1; §17-10-23; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2014-6, p. 21, §1; Act 2019-507, §1; Act 2021-364, §1.)
Each person, firm, or entity supplying to any county or municipality any absentee affidavit envelopes, absentee ballots, or other absentee election materials in connection with any primary, general, special, or municipal election shall, at the time of the shipment or delivery of the same, provide to the county or municipality, and to the Secretary of State, an itemized and signed statement showing a description and the quantity of each item so shipped or delivered. Upon the conclusion of the election, the absentee election manager shall return all unused absentee election materials to the sheriff of the respective county along with an itemized, signed statement showing the description and quantity of each item of absentee election material not utilized by the county or municipality in the election then concluded, and the unused absentee election materials shall be maintained for the period of time prescribed by applicable law and, in no event, less than 18 months.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §10; §17-10-24; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2019-507, §1.)
For the purposes of this article, the following terms shall have the following meanings:
(1) COMMITTEE. The Alabama Electronic Overseas Voting Advisory Committee.
(2) OVERSEAS VOTER. Includes all of the following:
a. A member of the uniformed services while in the active service, or an eligible spouse or dependent of such a member, who is a permanent resident of the state and is temporarily residing outside of the territorial limits of the United States and the District of Columbia, who is qualified and registered to vote as provided by law.
b. A member of the Merchant Marine of the United States, or an eligible spouse or dependent of such a member, who is a permanent resident of the state and is temporarily residing outside of the territorial limits of the United States and the District of Columbia, who is qualified and registered to vote as provided by law.
c. Any other citizen of the United States who is a permanent resident of the state and is temporarily residing outside of the territorial limits of the United States and the District of Columbia, who is qualified and registered to vote as provided by law.
(Act 2011-619, p. 1417, §1.)
(a) The Alabama Electronic Overseas Voting Advisory Committee is created to determine whether secure electronic means may be established for conducting absentee voting for overseas voters and to advise and assist the office of the Secretary of State in the establishment, testing, and implementation of absentee overseas balloting by secure electronic means.
(b) The membership of the committee shall include all of the following:
(1) The Secretary of State as chair.
(2) A representative of the Alabama Sheriff’s Association appointed by that association.
(3) A representative of the Alabama Probate Judge’s Association appointed by that association.
(4) A representative of the Alabama Circuit Clerks Association appointed by that association.
(5) A representative of the Alabama National Guard appointed by the Adjutant General.
(6) The Chair of the Senate Constitution, Campaign Finance, Ethics, and Elections Committee.
(7) The Chair of the House Constitution and Elections Committee.
(8) A representative of the county boards of registrars appointed by the Secretary of State.
(9) A representative of the Association of County Commissions of Alabama appointed by that association.
(10) One person appointed by the Governor.
(11) One person appointed by the Attorney General.
(12) The Director of the Alabama State Department of Veterans Affairs.
(13) The Executive Director of the Veterans of Foreign Wars for the State of Alabama.
(c) The membership of the committee shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The committee shall annually report to the Legislature by the second legislative day of each regular session the extent to which the committee has complied with the diversity provisions provided for in this article. Members of the committee shall be appointed July 9, 2011, and shall serve without compensation but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties.
(d) The chair of the committee shall convene an organizational meeting of the committee by July 24, 2011.
(e) For the purposes of this committee, eight members present at a meeting shall constitute a quorum.
(Act 2011-619, p. 1417, §2.)
(a) If the committee determines a secure electronic means may be established for conducting overseas absentee voting, the Secretary of State shall promulgate rules proposed by the committee to provide that option to eligible overseas voters. The Secretary of State may veto any rule proposed by the committee, may resubmit any vetoed proposed rule to the committee, and may provide an alternative rule for consideration by the committee. In the event that the Secretary of State and the committee are unable to jointly recommend a rule, or are unable to agree on a rule, the Secretary of State shall submit both the proposed rule of the committee and the proposed rule of the Secretary of State to the Joint Committee on Administrative Regulation Review for comment. The Joint Committee on Administrative Regulation Review, after review, shall return the proposed rules, with comments, to the Secretary of State. The Secretary of State shall proceed to adopt a rule pursuant to the Alabama Administrative Procedure Act. The rules for conducting overseas absentee voting by secure remote electronic transmission shall authorize the absentee election manager, as defined in Section 17-11-2, to accept requests for absentee ballots and voted absentee ballots from overseas voters and provide a process for verifying the identity of a voter, ensuring the security of the transmission, accepting a voted ballot, and recording each ballot received.
(b) Before overseas absentee voting may be conducted pursuant to this article, the committee, among other factors, shall consider all of the following:
(1) A timetable and process for notifying eligible overseas voters of the availability of voting an absentee ballot by secure remote electronic transmission.
(2) Detailed instructions to be given eligible overseas voters regarding voting by secure remote electronic transmission.
(3) A timetable for the conduct of elections utilizing the electronic transmission of absentee ballots.
(4) A method of providing blank ballots to overseas voters.
(5) A method and criteria for returning overseas voted absentee ballots to the absentee election manager.
(6) Procedures for ensuring the physical security of the remote voting site for receipt and transmission of blank and voted absentee ballots.
(c) Pursuant to subsection (a), the Secretary of State, by rule adopted pursuant to the Alabama Administrative Procedure Act, shall establish minimum criteria to ensure the secure remote electronic transmission of election materials including, but not limited to:
(1) The use of encrypted information, including, but not limited to, ballots, passwords, and both public and private encryption keys.
a. A public or private key encryption methodology shall include key generation under the control of the Secretary of State.
b. A password protected private key shall be held secure by the county appointing board and never transmitted or otherwise divulged by any means.
c. A password protected private key that is unique for each eligible overseas voter to digitally sign the ballot for transmission and storage before decryption by the canvassing board.
(2) The capability for auditing the secure remote voting application source code, and the capability for this application to be executed on a clean computer which, at a minimum, has a baseline operating system on its hard disk and no other software or driver installed.
(3) The capability to secure access to and from the overseas voter and the voting server or the voting database platform, or both.
(4) The verification of the authenticity of the identity of the overseas voter before granting access to the transmission of election material.
(5) The capability for the overseas voter to determine that the secure transmission of election material was successful.
(6) The capability for the absentee election manager to segregate rejected ballots before decryption.
(7) The capability to record election material received by secure transmission.
(8) The capability for the absentee election manager to produce a marked paper ballot for each vote cast by secure transmission.
(Act 2011-619, p. 1417, §3.)
(a) In determining the requirements for a request for an overseas absentee ballot, the committee and the Secretary of State shall consider including the following information:
(1) The name of the voter requesting the ballot.
(2) The legal Alabama residence of the voter.
(3) The date of birth of the voter.
(4) One of the following:
a. An APO/FPO or other deliverable overseas address, if the overseas voter requests that the ballot be mailed.
b. A facsimile machine number where return information shall be received, if the overseas voter requests that the ballot be faxed. If the voter requests facsimile transmission, his or her signature is also required.
c. An electronic mail address, if the overseas voter requests that the ballot be transmitted pursuant to electronic mail.
d. A signed application for an electronic ballot if the overseas voter requests that the ballot be transmitted or accessed by other secure electronic means approved by rule of the Secretary of State.
(b) A request for a ballot to be faxed to an overseas voter shall remain valid for 12 months, unless a shorter length of time is requested by the overseas voter.
(c) The absentee election manager and the staff of the absentee election manager shall ensure the confidentiality of all voted ballots, including voted ballots received by facsimile.
(Act 2011-619, p. 1417, §4.)
A person who votes by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, may use a federal write-in absentee ballot as provided in 42 U.S.C. 1973ff-2 for casting his or her vote in any primary, primary runoff, general, or special election for federal, state, or county office or proposed constitutional amendment or other referenda. The Secretary of State may promulgate rules in accordance with the Alabama Administrative Procedure Act to implement this section.
(Act 2014-6, p. 21, §2.)
In determining the requirements for receipt of a request for an overseas absentee ballot, the committee and the Secretary of State shall consider verification by the absentee election manager of the information provided, a determination that the overseas voter is qualified and registered to vote in the election, and the provision of:
(1) An absentee ballot.
(2) Instructions for voting.
(3) Instructions for returning the voted ballot.
(4) An overseas voter certificate.
(Act 2011-619, p. 1417, §5.)
The committee and the Secretary of State shall determine the procedures whereby an overseas voter may return a voted ballot.
(Act 2011-619, p. 1417, §6.)
In determining the requirements for an overseas voter certificate, the committee and the Secretary of State shall consider including information including the following:
“OVERSEAS VOTER CERTIFICATE
“I, ______________ (print name), swear or affirm, under penalty of perjury, that:
“1. I am a member of the uniformed services or Merchant Marine on active duty temporarily residing outside the United States; or the eligible spouse or dependent of such a member temporarily residing outside the United States; or a United States citizen temporarily residing outside the United States; and
“2. I am a United States citizen, at least 18 years of age, as of the date of the applicable election, and eligible to vote in the requested jurisdiction; and
“3. I have not been convicted of a disqualifying felony or been adjudicated mentally incompetent or, if I have, my voting rights have been reinstated; and
“4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the United States, except the jurisdiction cited in this voting form.
“In voting, I have marked and sealed my ballot in private and have not allowed any person to observe my marking of the ballot, except for those authorized to assist overseas voters under state or federal law. I have not been influenced in marking my ballot. My signature and date below indicate when I completed this certificate. The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction for perjury.
“Signed: ________________ Date: _____”
(Act 2011-619, p. 1417, §7.)
The committee and the Secretary of State may draft instructions to be included when an absentee ballot is sent to an overseas voter, including, but not limited to, the following instructions:
”(1) To ensure that your absentee ballot is counted, it should be completed and returned to the absentee election manager of the county of registration as soon as possible, and not later than 12:00 noon on the day of the election.
”(2) The ballot should be marked in secret.
”(3) Only the number of candidates or issue choices indicated on the ballot should be marked. If the ballot instructs a voter to “vote for one” candidate, and you vote for more than one candidate, your vote in that race will not be counted.
”(4) For your ballot to be counted, you must also complete an overseas voter certificate, which includes your signature. Failure to include your signature will result in your ballot not being counted.
”(5) An overseas voted absentee ballot may be returned to the absentee election manager by facsimile, mail, commercial ground or air carrier, or secure remote electronic access, if such option is approved by the Secretary of State. An overseas voted absentee ballot returned by standard electronic mail shall be rejected.
”(6) If faxed, the voted absentee ballot and overseas voter certificate shall be faxed to the number provided by the absentee election manager or to a facsimile number provided by the Federal Voting Assistance Program of the Department of Defense. If the ballot and certificate are faxed to the number provided by the Federal Voting Assistance Program, the voter should ensure that there is sufficient time for the Federal Voting Assistance Program to transmit the ballot and certificate to the absentee election manager so that it is received no later than 12:00 noon on election day. By faxing a voted ballot, the voter voluntarily waives his or her right to a secret ballot.
”(7) If mailed, the voted absentee ballot and overseas voter certificate shall be mailed to the absentee election manager as follows:
“a. Place the voted ballot in a sealed secrecy envelope, which may have been provided in the original mailing of the ballot by the absentee election manager. Anyone who has received his or her unmarked ballot by facsimile or electronic mail may place his or her voted ballot in an unmarked envelope and seal the envelope.
“b. Insert the secrecy envelope inside a separate mailing envelope. If the ballot was mailed to you, use the mailing envelope provided and fill out the overseas voter certificate on the back of the mailing envelope. If the ballot was faxed to you or sent by electronic mail, place the sealed secrecy envelope and the completed overseas voter certificate in another envelope for mailing. Do not seal the overseas voter certificate in the secrecy envelope with the ballot. The mailing envelope should be clearly marked “Absentee Ballot Enclosed.”
“c. Mail the absentee ballot to the absentee election manager with sufficient postage.
”(8) To vote and transmit a voted absentee ballot and overseas voter certificate by secure remote electronic access, carefully follow the supplemental instructions given to you by the absentee election manager to ensure that your ballot will be counted.
”(9) It is a crime under Alabama law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a crime under Alabama law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent.”
(Act 2011-619, p. 1417, §8.)
The committee and the Secretary of State shall determine the procedures to be followed for the processing of voted absentee ballots received from eligible overseas voters.
(Act 2011-619, p. 1417, §9.)
(a) The Secretary of State is granted authority to adopt requirements related to witnessing or notarization of absentee ballots, voter identification, candidate qualifying, and ballot access procedures, ballot printing, and the application process for absentee balloting in elections for federal, state, county, and municipal offices and constitutional amendments and other referenda to comply with federal law.
(b) The Secretary of State is authorized to extend the deadline for receiving, processing, and counting absentee ballots if absentee ballots are transmitted to qualified absentee voters less than the minimum number of days prior to an election as required by federal law. Absentee election officials utilized for the processing and counting of absentee ballots pursuant to this section shall be appointed in the manner prescribed in Section 17-11-11, and compensated as provided in Section 17-8-12.
(Act 2011-619, p. 1417, §10.)
(a) If a national or local emergency or other situation arises that makes substantial compliance with this article impossible or unreasonable, such as a natural disaster or an armed conflict involving the Armed Forces of the United States, or mobilization of those forces including state National Guard and state reserve components, the Secretary of State may prescribe, by emergency orders or rules, any special procedures or requirements necessary to facilitate absentee voting by those directly affected uniformed services or overseas voters who are eligible to vote in this state.
(b) The Secretary of State shall adopt emergency rules under this section pursuant to the emergency rule requirements of Section 41-22-5(b).
(Act 2011-619, p. 1417, §11.)
Notwithstanding any other laws to the contrary, all expenses and costs incurred by the state or any county commission in carrying out the responsibilities and duties required in this article shall be paid by the State of Alabama. All costs associated with this article shall be drawn from funds made available to the Secretary of State under state and federal law to pay all such expenses and costs in all counties regardless of whether a state elective office or referendum appears on the ballot in a particular county.
(Act 2011-619, p. 1417, §12.)
When the time arrives for closing the polls, all qualified voters, who are then waiting within the voting room to vote, shall be permitted by the election officers to do so.
After closing the polls and sealing the required records, the precinct election officials shall follow the manufacturer’s instructions to lock the equipment against further voting and to obtain a printout of the votes on each office and question. The first printout shall be torn from the equipment so that all printing during the day, from the initial test before the polls opened through the first printout of results, shall be on one continuous sheet or roll of paper. Then, four other printouts of the results shall be produced and torn out. To each certificate shall be added, if it is not automatically printed, the following information:
(1) The name of the voting place.
(2) The date.
(3) The identifying number (serial number) of the tabulating equipment.
(4) The value of the public counter (indicating the number of votes cast).
(5) The name of each candidate next to the total number of votes cast for that candidate.
(6) The number and short title of each proposition next to the number of votes for and against that proposition.
(7) In general elections only, the number of write-in votes cast in each race on the ballot.
All precinct election officials shall sign each certificate of result.
(Acts 1939, No. 292, p. 443; Code 1940, T. 17, §112; Act 2006-281, p. 496, §1; §17-9-33; amended and renumbered by Act 2006-570, p. 1331, §54; Act 2016-450, 1st Sp. Sess., §1.)
The authority charged with the holding of an election or primary election shall cause to be prepared a statement of results on a form to be designated by the Secretary of State. The statement of results shall conform with the type of electronic voting machine to be used, and the designating number and letter, if the construction of the electronic voting machine is such as to require a designating number and letter, of each candidate (or proposition) shall be printed next to the candidate’s name on the statement of results. The statements of results shall be preserved by the judge of probate for use in the event of contests.
(Acts 1939, No. 292, p. 443; Code 1940, T. 17, §113; §17-9-34; amended and renumbered by Act 2006-570, p. 1331, §54.)
[Reserved]
If a precinct ballot counter malfunctions, the polls shall remain open and voters shall deposit their ballots in a ballot box or other suitable container. The inspector shall notify the custodian, who shall maintain a public list of all voting places in which equipment failure has occurred. After the polls close, the ballot box shall be opened and the ballots counted either by hand, as described in Sections 17-12-2 and 17-12-6, or by feeding the ballots into an operable hand precinct ballot counter. Poll watchers of opposing interests and members of the media, if any are present, shall be permitted to witness this process. Where precinct counting equipment is programmed to return ballots containing over-votes, any such ballot returned during a post-election count must be counted by hand following the rules for ballots. The results of this hand count shall be added to the certificate of results, and the ballots shall be bound separately and returned with the other ballots.
(Act 2006-570, p. 1331, §55.)
The judge of probate may order a post-election retest of any precinct ballot counter or memory pack tabulator using the same procedures prescribed for the pre-election test. If the retest shows a malfunction or error in the equipment or its program, the judge of probate shall order a recount at county expense.
(Act 2006-570, p. 1331, §55.)
Inspectors of elections in the voting places shall, immediately on the closing of the polls, count the votes polled, and no votes shall be counted until the polls are closed.
(Code 1876, §285; Code 1886, §381; Code 1896, §1637; Code 1907, §413; Code 1923, §503; Code 1940, T. 17, §192; §17-13-1; amended and renumbered by Act 2006-570, p. 1331, §56.)
When no federal elections are on the ballot, the sheriff shall keep the ballots six months in the voted ballot box, without opening or unsealing the voted ballot box, and thereafter destroy the ballots unless within six months the sheriff having them in custody is notified that the election of some officer for which the election was held will be contested, in which case the sheriff must preserve the box containing the ballots cast for such contestant until such contest is finally determined or until such box is demanded by some legally constituted custodian during such contest.
(Code 1907, §417; Code 1923, §507; Code 1940, T. 17, §196; §17-13-5; amended and renumbered by Act 2006-570, p. 1331, §56.)
As soon as the ballots are counted, the inspectors shall ascertain the number of votes received for each person and for what office and shall make a statement of the same in writing, which statement shall be signed by them. They shall also certify in writing on both the clerk’s poll list and the voters’ poll list, that the poll list is the poll list of the voting places at which they were inspectors, the day and year on which the election was held, and for what offices, which certificates shall be signed by them. The clerk’s poll list, as sealed and certified, shall be placed in the records of election containers to be furnished for each voting place. The record of election containers shall be securely sealed and delivered by the precinct returning officer to the sheriff as county returning officer. No later than two hours after the polls are closed, the voting place election results as tabulated by the inspectors shall be posted by the inspectors for public inspection at a place in the county courthouse designated by the judge of probate.
The statement of votes and the poll list delivered to the returning officer of the precinct shall be delivered to the returning officer of the county within two hours of departing the precinct.
(Code 1876, §§287, 289, 4283; Code 1886, §§383, 385, 4182; Code 1896, §§1639, 1641, 4689; Code 1907, §§415, 418, 6786; Code 1923, §§505, 508, 3904; Code 1940, T. 17, §§194, 197, 300; Acts 1996, 2nd Ex. Sess., No. 96-880, p. 1694, §1; Act 2003-339, p. 846, §2; §17-13-6; amended and renumbered by Act 2006-570, p. 1331, §56.)
The canvassing board must, as soon as they have ascertained the result of an election, make on forms furnished by the Secretary of State certificates stating the exact number of votes cast in the county by voting place for each person voted for and the office for which such person was voted for, and file the certificates with the judge of probate who must immediately forward such certificate to the Secretary of State.
(Code 1876, §292; Code 1886, §389; Code 1896, §1646; Code 1907, §435; Code 1923, §525; Code 1949, T. 17, §209; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §1; §17-13-7; amended and renumbered by Act 2006-570, §56.)
Immediately after the election the inspectors shall post in front of the polling place a copy of their certificate of the result of the election.
(Code 1907, §355; Code 1923, §445; Code 1940, T. 17, §128; §17-13-8; amended and renumbered by Act 2006-570, p. 1331, §56.)
One copy of the certificate of the result of the election shall be signed by the inspector and enclosed in an envelope, which shall then be securely sealed, and the inspector shall write his or her name across every fold at which the envelope, if unfastened, could be opened. The envelope, with certificate enclosed, shall be at once delivered to the judge of probate in the condition received. The judge of probate shall keep and preserve the same unopened until the canvassing board meets to ascertain the result of the election. In case of loss, mutilation, or absence of the original certificate of the result of the election by the inspectors of any voting place, the envelope shall be opened, and the copy therein shall be accepted as a certificate of the result of the election for that voting place. The judge of probate shall preserve a copy of the sealed election returns as a public record at least one year from the date of the election.
(Code 1907, §366; Code 1923, §456; Code 1940, T. 17, §139; §17-13-10; amended and renumbered by Act 2006-570, p. 1331, §56.)
After completing and signing the certificate of result, the election officials shall seal the ballots, certificates, and other records as follows:
(1) Where precinct ballot counters are used:
a. The list of registered voters shall be delivered to the judge of probate for transmittal to the board of registrars for use by the board of registrars in updating their records.
b. The ballot accounting certificate and the first copy of the certificates of result shall be placed in an envelope addressed to the judge of probate who shall keep them for public inspection or election contest, or both.
c. All voted ballots shall be placed in a voted ballot box and sealed. All spoiled ballots, unused ballots, and ballot stubs, one copy of the certificate of results, and the clerk’s poll list (already sealed in a separate envelope) shall be placed in the records of election container which shall be sealed and signed by all election officials. The inspector shall deliver the sealed memory pack to the judge of probate.
d. Each envelope or container shall be sealed and signed across the seal by the inspectors. On the outside of each envelope the inspectors shall record the voting place and date of the election. The envelopes or containers shall remain unopened and be returned by the inspector immediately in the manner provided by law.
e. The State Records Commission shall develop and keep current a schedule for the retention and disposition of election records for the guidance of the officials to whom these records are sent.
(2) In primary elections, the ballots, certificates, and other records shall be distributed as required in general elections except there shall be one canvassing envelope for each party participating in the primary, and the voters’ poll list of each party shall be delivered to the county executive committee of that party to be retained unopened for use in the event of a contest.
(Acts 1971, No. 1725, p. 2887, §§1, 2; §17-13-11; amended and renumbered by Act 2006-570, p. 1331, §56.)
Except where precinct ballot counters are used in counting the ballots, the inspector must take the ballots, one by one, from the box in which they have been deposited, at the same time reading aloud the names of the persons voted for and the office for which such persons are voted for; the inspector must separately keep a calculation of the number of votes each person receives and for what office he or she receives them; if the elector has marked more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the elector’s choice for any office to be filled, the ballot shall not be counted for such office, but this shall not vitiate the ballot so far as properly marked, nor shall any ballot be rejected for any technical error which does not make it impossible to determine the elector’s choice, and nothing in the election law shall be construed so as to prevent any elector from voting for any qualified person other than those whose names are printed on the ballot.
(Code 1852, §222; Code 1867, §264; Code 1876, §286; Code 1886, §382; Code 1896, §1638; Code 1907, §414; Code 1923, §504; Code 1940, T. 17, §193; §17-13-2; amended and renumbered by Act 2006-570, p. 1331, §56.)
Except where precinct ballot counters are used, the inspectors must count the ballots deposited in the box, and as soon as all the ballots contained in the box are counted, the inspectors shall roll up the ballots so counted and label the same so as to show for what officer or officers the ballots contained therein were received, and, when so rolled up and labeled, shall be securely sealed; the rejected ballots, if any, shall also be rolled up and labeled as rejected ballots and sealed up as the other parcels; and the packages so sealed up and labeled, together with one poll list, shall also be securely sealed up, shall be returned to and securely fastened up in the box from which such ballots were taken and counted and which shall also be securely sealed and labeled so as to show the nature of its contents and shall be delivered to the sheriff.
(Code 1876, §288; Code 1886, §384; Code 1896, §1640; Code 1907, §416; Code 1923, §506; Code 1940, T. 17, §195; §17-13-4; amended and renumbered by Act 2006-570, p. 1331, §56.)
On the second Friday next after the election, at the hour of 12:00 noon, the sheriff, in person or by deputy, and the judge of probate and the clerk of the circuit court shall assemble at the courthouse; and if there is no such judge or clerk, or if either of them fails to attend, or if either of them is interested by reason of having been a candidate at such election, his or her place must be supplied by a respectable elector of the county, appointed by the board hereinbefore provided for the appointing of the inspectors in the various voting places for the election, at the time of appointing the election inspectors, and if the appointing board fails to provide for such member or members, or if any member or members as herein provided should fail to attend at the time and place herein mentioned, the sheriff shall supply such deficiency by a respectable elector of the county; and if all such officers are of the same political party, then the sheriff must summon three reputable electors of the county, who are members of the opposite political party who are qualified electors, to attend at such time and place; and, in the presence of such other persons as choose to attend, the board shall make a correct statement from the returns of the votes from the several voting places of the county of the whole number of votes given therein for each officer, and the person to whom such votes were given.
(Code 1876, §291; Code 1886, §387; Code 1896, §1644; Code 1907, §420; Code 1923, §510; Code 1940, T. 17, §199; Act 2003-313, p. 733, §2; §17-14-1; amended and renumbered by Act 2006-570, p. 1331, §56.)
Immediately after ascertaining the results of an election for county officers, including members of the House of Representatives of the Legislature, the canvassing board must make in writing a public certification of the result, stating the name of each officer elected and the office to which elected. The certification must be signed by at least two of the members of the canvassing board and must be published by filing the original in the office of the judge of probate, by posting a copy thereof at the courthouse door, and by immediately transmitting a copy to the Secretary of State by fax or electronic transmission. The original certificate shall be recorded by the judge of probate in a book to be provided for the purpose; and the record, or a duly certified copy thereof, shall constitute prima facie evidence of the result of the election and the certification thereof as provided by law.
(Code 1876, §292; Code 1886, §388; Code 1896, §1645; Code 1907, §421; Code 1923, §511; Acts 1931, No. 334, p. 392; Code 1940, T. 17, §200; §17-14-2; amended and renumbered by Act 2006-570, p. 1331, §56.)
All returns of elections required by law to be sent to the Secretary of State must, within 22 days after an election, be opened, counted, and certified in the presence of the Governor, Secretary of State, and Attorney General, or two of them.
(Code 1886, §390; Code 1896, §1647; Code 1907, §422; Code 1923, §512; Code 1940, T. 17, §201; Act 2003-313, p. 733, §2; §17-14-20; amended and renumbered by Act 2006-570, p. 1331, §56.)
Except as to officers provided for in Sections 17-12-16 and 17-12-19, the Governor must immediately declare the results of the election as ascertained in Section 17-12-17 by publishing them in some newspaper at the seat of government.
(Code 1886, §390; Code 1896, §1647; Code 1907, §423; Code 1923, §513; Code 1940, T. 17, §202; §17-14-21; amended and renumbered by Act 2006-570, p. 1331, §56.)
The certificates of the canvassing board forwarded to the Secretary of State as to the election of Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, and Commissioner of Agriculture and Industries must be by the judge of probate forwarded to the Governor for the Speaker of the House at least 10 days before the time fixed for the next meeting of the Legislature and must be by the Governor delivered unopened to the Speaker of the House of Representatives upon his or her election.
(Code 1876, §292; Code 1886, §391; Code 1896, §1648; Code 1907, §424; Code 1923, §514; Code 1940, T. 17, §203; §17-14-22; amended and renumbered by Act 2006-570, p. 1331, §56.)
After having ascertained the result of an election, made declarations thereof, and made the certificates provided for in Sections 17-12-9 and 17-12-16, the board of registrars must file the lists of the registered voters in the office of the judge of probate, which shall be open to the inspection of any elector of the county.
(Code 1876, §293; Code 1886, §392; Code 1896, §1649; Code 1907, §425; Code 1923, §515; Code 1940, T. 17, §204; §17-14-23; amended and renumbered by Act 2006-570, p. 1331, §56.)
The Secretary of State shall, within 10 days after receiving the returns of election from the judge of probate of each county, furnish, from a count of the actual vote cast, as the same appears by the returns certified to him or her, certificates of election to members of the Legislature and to members of Congress.
(Code 1876, §294; Code 1886, §393; Code 1896, §1650; Code 1907, §426; Code 1923, §516; Code 1940, T. 17, §205; §17-14-24; amended and renumbered by Act 2006-570, p. 1331, §56.)
The Speaker of the House of Representatives shall, within the first five days of the session of the Legislature, in the presence of a majority of the members of the Legislature, open the returns furnished under Section 17-12-19, ascertain and proclaim the result of such election, after which such returns shall be filed and kept in the office of the Secretary of State, subject to the inspection of any elector of the state. The person having the highest number of votes for either of the offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes for the same office, the Legislature, by joint vote, without delay, shall choose one of the persons for the office. The duty of the speaker and of the joint conventions, under this section, shall be purely ministerial.
(Code 1876, §295; Code 1886, §394; Code 1896, §1651; Code 1907, §427; Code 1923, §517; Code 1940, T. 17, §206; §17-14-25; amended and renumbered by Act 2006-570, p. 1331, §56.)
(a) In all elections where there is a tie between the two highest candidates for the same office, for all county or precinct offices, it shall be decided by lot by the judge of probate of the county in the presence of the candidates; and in the case of the office of circuit judge, senator, representative, or any state officer not otherwise provided for, the Secretary of State, in the presence of the Governor and such other electors as may choose to be present, shall decide the tie by lot.
(b) Any judge of probate who is a candidate in the race in which there is a tie or openly participated in the promotion of candidates in the election that resulted in a tie shall not decide the outcome of the election. The presiding circuit court judge in the county shall replace the probate judge and break the tie by lot.
(Code 1876, §297; Code 1886, §395; Code 1896, §1652; Code 1907, §428; Code 1923, §518; Code 1940, T. 17, §3; §17-1-3; amended and renumbered by Act 2006-570, p. 1331, §56; Act 2022-337, §1.)
If any officer required to make returns of any election to the Secretary of State or to the Speaker of the House of Representatives fails to make such returns within the time prescribed, he or she forfeits to the state five hundred dollars ($500), recoverable by motion to be made by the district attorney of the proper circuit, in the name of the state in the circuit court of the county of such officer required to make the returns, upon three days’ notice of such motion; and the certificate of the Secretary of State or of the Speaker of the House of Representatives, as the case may be, setting forth that such return has not been received is presumptive evidence of the failure of such officer to make such return.
(Code 1852, §357; Code 1867, §406; Code 1876, §3372; Code 1886, §448; Code 1896, §1665; Code 1907, §433; Code 1923, §523; Code 1940, T. 17, §207; §17-14-26; amended and renumbered by Act 2006-570, p. 1331, §56.)
Whenever the return of any officer, required to be made to the Secretary of State or to the Speaker of the House of Representatives, is not received within the time prescribed, the Secretary of State or Speaker of the House of Representatives must give notice thereof to the district attorney of the proper circuit and furnish the district attorney with the certificate specified in Section 17-12-24.
(Code 1852, §358; Code 1867, §407; Code 1876, §3373; Code 1886, §449; Code 1896, §1666; Code 1907, §434; Code 1923, §524; Code 1940, T. 17, §208; §17-14-27; amended and renumbered by Act 2006-570, p. 1331, §56.)
A primary election, including a separate and special presidential preference primary election, within the meaning of this chapter, is an election held by the qualified voters who are members of any political party, for the purpose of nominating a candidate or candidates for public or party office.
(Acts 1975, No. 1196, p. 2349, §1; Act 2006-634, p. 1731, §1; §17-16-1; amended and renumbered by Act 2006-570, p. 1331, §59.)
All primary elections held by any political party in this state for the nomination of any state, national, district, circuit, county, or municipal officer shall be held and conducted under the provisions of this chapter and, except as herein modified, shall be held and conducted in the same manner and form, under the same requirements and subject to the same forfeitures, penalties, and punishments as are now or shall hereafter be provided by law for the holding of regular state elections, but nothing herein contained shall make it obligatory upon any political party or parties to hold a primary election.
(Acts 1975, No. 1196, p. 2349, §4; §17-16-4; amended and renumbered by Act 2006-570, p. 1331, §59.)
(a) Except as otherwise provided in subsections (b) and (d), primary elections held at the expense of the state or counties shall be held on the Tuesday in May preceding Memorial Day. When necessary, as provided in this chapter, a second or runoff primary election shall be held on the fourth Tuesday following the primary election. Any second primary shall be held by the same election officers who held the first primary election and be held at the same places as the first primary election. No primary election shall be held by any political party except as provided in this subsection. Primary elections shall be held at the regular polling places established for the purpose of holding general elections.
(b) In years in which a presidential primary is conducted, the primary election shall be the first Tuesday in March.
(c) Notwithstanding any other provision of law, in any year in which the primary election is held in March and the primary election is held in conjunction with the presidential preference primary election, as provided in this section and Section 17-13-100, any reference in any existing statutes to a primary election being held in June or May shall be construed to refer to the primary election in March.
(d) Special primary elections, held at the expense of the state or counties, shall be held following the issuance of a proclamation by the Governor or as otherwise provided by law. When necessary, as provided in this chapter, a second or runoff special primary election shall be held on the fourth Tuesday following the special primary election. Any second special primary election shall be held by the same election officers who held the first special primary election and be held at the same places as the first special primary election. No special primary election shall be held by any political party, except as provided in this subsection. Special primary elections shall be held at the regular polling places established for the purpose of holding general elections.
(Acts 1975, No. 1196, p. 2349, §5; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; Acts 1978, No. 691, p. 994, §16; Acts 1979, No. 79-800, p. 1463, §1; Acts 1985, No. 85-389, p. 344; Acts 1990, No. 90-699, p. 1359, §1; Act 2006-354, p. 937, §1; Act 2006-634, p. 1731, §1; §17-16-6; amended and renumbered by Act 2006-570, p. 1331, §59; repealed by Act 2007-461, p. 965, §1; added by Act 2007-461, p. 965, §2; Act 2011-566, p. 1142, §§1, 2; Act 2015-239, p. 699, §1; Act 2019-318, §1; Act 2021-164, §1; Act 2025-283, §1.)
The compensation of officers and other expenses of any and all primary elections, general or special, held under the provisions of this chapter, shall be paid in the same manner and to the same extent as is or may be provided by law for the payment of the expenses and officers of general elections held under the general election laws of Alabama and shall be paid out of the county treasury in the same manner.
(Acts 1975, No. 1196, p. 2349, §9; §17-16-10; amended and renumbered by Act 2006-570, p. 1331, §59.)
(a) All candidates for nomination to public office or for election to party office in the primary election provided for in this chapter shall file their declaration of candidacy with the state party chair if they seek any federal, state, circuit, or district office, or the state Senate, House of Representatives, or any other office that is not a county office not later than 5:00 P.M. 116 days before the date of the primary election. All candidates for nomination or election to a county office shall file their declaration with the county party chair not later than 5:00 P.M. 116 days before the date of the primary election.
(b) The state party chair shall, no later than 5:00 P.M. 82 days before the primary election, certify the names of all primary election candidates, except candidates for county offices, to the Secretary of State. The county party chair shall, not later than 5:00 P.M. 82 days prior to the date of the primary election, certify to the judge of probate the names of all candidates for nomination to county offices or election to county party offices. The Secretary of State shall, not less than 74 days prior to the date of the primary election, certify to the judge of probate of every county in which the election is to be held the names of the opposed candidates for nomination to federal, state, circuit, or district offices, the state Senate, House of Representatives, and all other opposed candidates to public or party office, except candidates for county offices.
(c) The judge of probate of each county shall have the ballots prepared for the primary election. If a legally qualified candidate for nomination to an office is unopposed when the last date for filing declarations of candidacy has passed, his or her name shall not appear on the ballots to be used in the primary election, and he or she shall be the nominee of the party with which he or she has qualified for the office. If a legally qualified candidate for election to a party office is unopposed when the last date for filing declarations of candidacy has passed, his or her name shall not appear on the ballots to be used in the primary election, and he or she shall be declared elected to the party office for which he or she qualified.
(Acts 1975, No. 1196, p. 2349, §10; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; Acts 1986, No. 86-428, p. 791, §6; Acts 1992, No. 92-152, p. 262, §1; §17-16-11; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2014-6, p. 21, §1.)
The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office for which he or she is a candidate and unless he or she is eligible to vote in the primary election in which he or she seeks to be a candidate and possesses the political qualifications prescribed by the governing body of his or her political party.
(Acts 1975, No. 1196, p. 2349, §11; §17-16-12; amended and renumbered by Act 2006-570, p. 1331, §59.)
(a) All persons who are qualified electors under the general laws of the State of Alabama and who are also members of a political party and entitled to participate in such primary election under the rules of the party shall be entitled to vote therein and shall receive the official primary ballot of that political party, and no other; but every governing body of a party shall have the right, power, and authority to fix and prescribe the political or other qualifications of its own members and shall, in its own way, declare and determine who shall be entitled and qualified to vote in such primary election or to be candidates therein or to otherwise participate in such political parties and primaries. The qualifications of electors entitled to vote in such primary election shall not necessarily be the same as the qualifications for electors entitled to become candidates therein. Nothing herein contained shall be so construed as to prohibit any state executive committee of a party from fixing such qualifications as it may deem necessary for persons desiring to become candidates for nomination to offices at a primary election.
(b) A political party may require all poll lists for primary elections to state at the top thereof that by participating in the primary election a voter shall indicate a preference for the party holding the primary, and will support the nominees of that party in the general election, and that he or she is qualified under the rules of such party to vote in its primary election. No person shall be eligible to participate in the primary unless he or she signs the poll list and thereby certifies to the truth of the statement.
(Acts 1975, No. 1196, p. 2349, §13; §17-16-14; amended and renumbered by Act 2006-570, p. 1331, §59.)
(a) If an elector votes in a primary election, he or she may vote in a subsequent primary runoff election only if he or she voted in the primary election of the same political party for which the runoff election is being held.
(b) The Secretary of State shall promulgate rules to implement this section.
(Act 2017-340, §2.)
Separate official ballots and other election stationery and supplies for each political party shall be printed and furnished for use at each election district or precinct and shall be of a different color for each of the political parties participating in such primary election. All ballots for the same political party shall be alike, except as herein otherwise provided, printed in plain type and upon paper so thick that the printing cannot be distinguished from the back. Across the top of the ballot shall be printed the party’s emblem, if any, and the words, “Official Primary Election Ballot.” Beneath this heading shall be printed the year in which the election is held and the words “Democratic Party” or “Republican Party” or other proper party designation. Each group of candidates to be voted on shall be preceded by the designation of the office for which the candidates seek nomination, and in the proper place shall be printed the words “Vote for one” or “Vote for two” (or more) according to the number to be elected to such office at the ensuing election.
At the option of a political party at the bottom of the ballot and after the name of the last candidate shall be printed the following: “By casting this ballot I do pledge myself to abide by the result of this primary election and to aid and support all the nominees thereof in the ensuing general election.”
Should any voter scratch out, deface, or in any way mutilate or change the pledge printed on the ballot, the voter shall not be considered or held to have repudiated or to have refused to take the pledge, but shall, conclusively, be presumed and held to have scratched out, defaced, or mutilated or changed the same for the sole purpose of identifying the ballot; and, accordingly, such ballot shall be marked “spoiled ballot” and shall not be counted.
(Acts 1975, No. 1196, p. 2349, §16; §17-16-18; amended and renumbered by Act 2006-570, p. 1331, §59.)
(a) Notwithstanding the provisions of Section 17-6-23 and Section 17-13-18, in a primary election or second primary election, this section shall apply only to voters who are voting by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act in any county or portion thereof in which the nomination for a federal office other than the office of President which is contested by three or more candidates.
(b) The judge of probate shall prepare each of the following:
(1) A special federal ballot to be used in a federal instant runoff primary election. The special federal ballot shall contain a list of all federal offices, other than the office of President, contested by three or more candidates and the candidates qualifying for the election for each office.
(2) A special state ballot for the primary election shall contain the office of President in presidential election years, any federal offices for which there are only two candidates, all state and county offices, the candidates qualifying for the offices, and any referenda to be voted on in the primary election.
(3) A special state ballot for a second primary election, if necessary, shall contain any state or county offices for which a second primary election is required, the candidates qualifying for the offices, and any referenda to be voted on in a second primary election.
(c)(1) The special federal ballot shall permit the voter to cast a ballot in a federal instant runoff primary election by indicating his or her order of preference for each candidate for each office listed on the ballot.
(2) To indicate his or her order of preference for each candidate for each office, the voter shall mark or put the number one next to the name of the candidate who is his or her first choice, the number two for his or her second choice, and so forth, so that a number indicating the preference of the voter is marked or written by the voter next to the name of the candidate on the ballot. However, the voter is not required to indicate his or her preference for more than one candidate on the ballot if he or she so chooses.
(3) The special federal ballot shall be marked as a special federal instant runoff primary ballot.
(4) Instructions shall be provided with the special federal ballot to the voter explaining the special federal instant runoff voting process.
(5) The special federal ballots shall be counted in the following manner for each office listed on the ballot:
a. In a primary election, the first choice preference of each voter shall be the vote counted as cast by the voter. The total count of first choice preference votes received by each candidate shall be added to the count of votes produced for the candidates pursuant to Section 17-13-13. Choices other than the voters’ first choice preferences shall not be counted or divulged during the count or upon the conclusion of the primary election. Upon the conclusion of this count, the special federal ballots shall be secured and maintained by the absentee election manager until the time for counting absentee ballots for the second primary election, if a second primary election is necessary.
b. If a second primary election is necessary, the vote to be counted as cast by each voter shall be the highest designated choice of the voter of the two candidates participating in a contest. The total count of the votes received by each candidate shall be added to the count of votes produced for the candidates pursuant to Section 17-13-18.
(d)(1) The special state ballot shall be marked as a special state primary ballot or special state second primary ballot, as applicable.
(2) The special state ballot shall be counted in the manner provided for in Section 17-13-13 or Section 17-13-18, as applicable to a primary election or second primary election.
(e) The votes for any office listed on the special federal ballot or special state ballot shall be canvassed, certified, and announced in the manner provided for in Section 17-13-17 and Section 17-13-18.
(f) The costs associated with implementing this section shall be reimbursed by the State of Alabama as an election expense pursuant to Chapter 16 of this title.
(g) The Secretary of State may promulgate rules in accordance with the Alabama Administrative Procedure Act to implement this section.
(h) This section shall be implemented only upon notice by the Secretary of State to the Code Commissioner that vacatur of the federal court order requiring federal second primary elections to be held nine weeks after the primary election has occurred, or upon entry of a federal court order indicating that vacatur of the aforementioned order is not necessary. The federal court action shall be taken not later than the 76th day before the primary election for this section to be implemented.
(Act 2015-518, 1st Sp. Sess., §§1, 2.)
The judge of probate of each county is hereby required to furnish to the officers of the primary election a copy of the official list of voters of each voting place in the county, of the same kind and in the same manner as the judge of probate is required by law to furnish such list to the officers at any general state election. The judge of probate shall also furnish all necessary election supplies. The judge of probate shall deliver such election supplies and lists to the sheriff of the county not less than three days before the day of the election, and it shall be the duty of the sheriff to deliver the same, together with ballot boxes, to the officers of the election, at the place provided by law for holding the election, and not later than one hour before the polls are scheduled to open on election day.
(Acts 1975, No. 1196, p. 2349, §20; §17-16-22; amended and renumbered by Act 2006-570, p. 1331, §59.)
The ballot of every voter shall be kept secret and inviolate.
(Acts 1975, No. 1196, p. 2349, §23; §17-16-25; amended and renumbered by Act 2006-570, p. 1331, §59.)
A candidate who has qualified may have a single watcher in the polling place, to be appointed in writing over his or her own signature, and the appointment shall be presented to and filed with the inspectors. Subsections (b), (c), and (d) of Section 17-8-7 apply to watchers appointed pursuant to this section.
(Acts 1975, No. 1196, p. 2349, §24; §17-16-26; amended and renumbered by Act 2006-570, p. 1331, §59.)
The inspector shall perform the duty of precinct returning officer as in general elections, unless someone else has been named and designated as authorized by law. It shall be the duty of the inspector or the duty of such returning officer as may be otherwise legally named and designated, as the case may be, to return and deliver to the sheriff, who is the county returning officer, or the sheriff’s designee, at the office of the judge of probate at the county seat or at such other place as designated by the judge of probate, the ballots and returns. The ballots and returns shall not be allowed to leave the county returning officer’s possession, except as provided by state and federal law.
(Acts 1975, No. 1196, p. 2349, §26; §17-16-30; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2007-147, p. 180, §1.)
(a) At the close of the primary election at each voting place, and nowhere else, the inspectors and clerks shall proceed forthwith, without adjournment, in the manner provided by law in the case of general elections, to count the votes. This section shall not apply to provisional ballots governed by Section 17-10-2.
(b) No later than two hours after the polls are closed, the election results for the voting place as tabulated by the inspectors shall be posted by the inspectors for public inspection at a place in the county courthouse designated by the judge of probate.
(Acts 1975, No. 1196, p. 2349, §27; Act 2003-313, p. 733, §2; Act 2003-339, p. 846, §2; §17-16-31; amended and renumbered by Act 2006-570, p. 1331, §59.)
(a) No ballot shall be counted until the polls are closed; and, before counting any ballot or examining the same, the voters’ poll list, as provided in Section 17-9-15, shall be securely sealed in an envelope designated to the appropriate political party chair and the inspector shall write his or her name across every fold at which the envelope, if fastened, could be opened.
After the counting of the votes is finished and certificates of the result have been prepared and signed, the inspector shall seal in a separate voted ballots container all the ballots cast at such election.
The following items shall be placed into a records of election container, which shall then be securely sealed:
(1) One certificate of the results.
(2) The spoiled ballot envelope.
(3) Clerk’s poll list.
(4) All partial ballot pads.
(5) Stubs of ballot pads.
The inspector shall also, in an envelope addressed to the chair of the county executive committee or other governing body of each political party participating, seal up the following:
(1) One certificate of the results.
(2) The voters’ poll list.
Such envelopes, with those contents therein, together with the voted ballots container, shall thereupon be immediately delivered to the sheriff.
The sheriff or sheriff’s designee shall keep the voted ballots container and record of election container securely in his or her possession in accordance with state and federal law. The sheriff shall separately deliver to the chair, or co-chair, of the county executive committee or other governing body of each political party the envelope addressed to the chair, containing the certificate of the results by 10:00 A.M. on the Wednesday following the primary.
(b) Not later than two hours after the polls are closed, the inspector shall also post in a conspicuous place at the polling place, for public inspection there, a copy of the certificate of the result.
(Acts 1975, No. 1196, p. 2349, §28; §17-16-32; amended and renumbered by Act 2006-570, p. 1331, §59.)
After the result has been canvassed and declared by the county executive committee, the sheriff shall securely keep the voted ballots container and the records of election container in accordance with state and federal law. The voted ballots container and records of election container shall not be opened except in one or the other of the following events:
(1) In the event of a contest, where the opening of the container has been authorized under authority of the chair of the executive committee trying the contest.
(2) Where a container has been returned but no certificate of the result of the election has been sent the chair outside of the container, the container may be opened by the sheriff in the presence of the chairs, or their designees, of the county committees for the political parties participating in the primary election, and the committees, for canvassing purposes, may obtain the result at any particular district, ward, or precinct from the contents of the container, using the certificate of result contained therein, if any, or otherwise, so far as necessary in order to obtain it from the container; after which the papers shall be returned into the container, and the container shall be resealed by the sheriff in the presence of the chairs, or their designees, of the county committees for the political parties participating in the primary election.
(Acts 1975, No. 1196, p. 2349, §29; §17-16-33; amended and renumbered by Act 2006-570, p. 1331, §59.)
The counting of the ballots having been completed, the results shall be publicly proclaimed. Separate certificates for each of the political parties entering the primary and the results of the election shall be drawn up by the inspector and clerks at each and every voting place, which shall contain all matters and things provided for in the law regulating general elections. The certificates shall be signed by the election workers; one copy of the same shall be forthwith posted in a conspicuous place at such voting place, one copy shall be transmitted to the chair of the county executive committee of each of the political parties in the primary, at such place as the county executive committee of the county shall designate at which to receive such returns, and another copy shall be transmitted to the chairs of the state executive committees of the political parties participating in the primary.
(Acts 1975, No. 1196, p. 2349, §30; §17-16-34; amended and renumbered by Act 2006-570, p. 1331, §59.)
The county executive committee of the party or parties participating in the primary election shall meet at the courthouse of its county, not later than noon on Tuesday next following the primary election, and receive the returns, canvass and tabulate the same, by precincts, and publicly declare the results thereof. The chair of each county executive committee shall forthwith and no later than the close of business on the seventh day following the primary election certify and return to the chair of the state executive committee a statement and tabulation, by precincts, of the result of the primary election and of the number of votes received by each candidate therein for office, except candidates for county office. Not later than noon on the Wednesday eight days following such primary election, the state executive committee, or such subcommittee thereof as may have been appointed by the chair thereof for such purpose, shall meet and receive the returns, canvass and tabulate the same by counties, and publicly declare on that day the results thereof as to all candidates for office therein, except candidates for county office, which results shall be final. The state executive committee or such subcommittee as provided in this section shall also provide the Secretary of State with the primary election returns by precincts according to county on a form authorized by the Secretary of State on the Wednesday eight days following the primary election, county and municipal returns excepted.
(Acts 1975, No. 1196, p. 2349, §28; Acts 1979, No. 79-800, p. 1463, §2; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §2; Act 2003-313, p. 733, §2; §17-16-35; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2019-318, §1.)
(a) At the respective meetings of the respective executive committees, the county executive committee, as to candidates in the primary election for office, except candidates for county office, shall publicly ascertain, determine, and declare whether any candidate for office in the primary election has received a majority of the votes cast for the office, and, if so, declare the candidate the nominee of the party for the office for which he or she was a candidate and for which he or she received a majority of the votes cast for that office in the primary election.
(b) If no candidate receives a majority of all of the votes cast in such primary election for any one office or offices for the nomination to which there were more than two candidates, then there shall be held a second primary election on the fourth Tuesday following the primary election, and the chair of the state executive committee shall certify to the Secretary of State, immediately upon the completion of such canvass, the names of the two candidates of the party to receive the highest number of votes in the first primary election for such office or offices, except county officers, and who are to be voted for in the second primary election. The chair of each county executive committee shall, immediately upon the completion of such canvass, certify to the judge of probate of the county the names of the two candidates who received the highest number of votes in the first primary for nomination to any county office. The Secretary of State shall, within two business days from the date the certificate is received from the chair of the state executive committee, certify to the judge of probate of any county where a second primary election is to be held the name or names of the candidates certified as herein provided by the chair of the state executive committee. The judge of probate of each county in Alabama shall in the manner and form as required by this chapter and the general laws of Alabama, have prepared and printed all election supplies and all ballots to be voted in the second primary election, which ballots shall contain, under appropriate headings or titles of the offices to be filled, the names of the two candidates for each office so certified by the Secretary of State and the chair of the county executive committee, as herein required, as well as such other matters as are required by this chapter and the general laws of Alabama, on ballots for the first primary election.
(c) At the second primary election, no person can be a candidate except the two persons who receive the highest number of votes for the offices for which they were candidates in the first primary election.
(d) The returns from the second primary election shall be made and the votes canvassed, tabulated, and certified and the results declared in the same manner provided in this chapter for making, canvassing, tabulating, certifying, and declaring the results of the first primary election. The county executive committee of the parties participating in the primary election shall meet at the courthouse of their respective counties not later than the second Friday following the second primary election and receive the returns, canvass and tabulate the same by precinct, and publicly declare the results thereof. The chair of each county executive committee shall forthwith, and not later than noon on the second Monday following the primary election, certify and return to the chair of the state executive committee a statement and tabulation by precincts of the results of the second primary election and of the number of votes received by each candidate for office therein voted for, except candidates for county office. Not later than noon on the third Wednesday following the second primary election, the state executive committee, or such subcommittee thereof as may have been appointed by the chair thereof for such purpose, shall meet at the State Capitol in Montgomery and receive the returns and canvass and tabulate the same by counties, and publicly declare on that day the result thereof as to all candidates voted for, except as to candidates for county office, which results shall be final. At such respective meetings of the respective executive committees, the county executive committee, as to candidates for county office voted for in the second primary election, and the state executive committee, as to candidates for office in the second primary election voted for therein, except candidates for county office, shall publicly ascertain and determine the candidates receiving a majority of all of the votes cast in such second primary election for any one office, and the candidates so ascertained and determined to have received a majority of all of the votes cast in such second primary election for the office shall be declared the nominee of the party for such office by the respective county and state executive committees. Thereupon and immediately upon the completion of such canvass, the chair thereof shall certify to and file with the judge of probate of the county the names of those who have been nominated in the first or the second primary election or as otherwise authorized or provided by this chapter, as candidates of the party for county offices; and in like manner, and immediately upon the completion of such canvass, by the state executive committee, or subcommittee thereof, the chair of the state executive committee shall certify to and file with the Secretary of State the names of those who have been nominated in the first or second primary election or as otherwise authorized or provided by this chapter as candidates of the party for office, except candidates for county office, and the names of the persons so certified shall be placed upon the official ballot of the general election to be held in November next thereafter as the candidates of the party for the offices for which they, respectively, have been so nominated.
(e) The state executive committee or such subcommittee as provided in this section shall also provide the Secretary of State with the second primary election returns by precincts according to county on a form authorized by the Secretary of State on the third Wednesday following the secondary primary, county and municipal returns excepted.
(Acts 1975, No. 1196, p. 2349, §32; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; Acts 1979, No. 79-800, p. 1463, §3; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §3; Act 2003-313, p. 733, §2; Act 2006-354, p. 937, §1; §17-16-36; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2014-6, p. 21, §1; Act 2019-318, §1.)
In the event either of the two candidates receiving the highest number of votes in the first primary election shall determine not to enter the second primary election provided for in this chapter, the candidate, as soon as possible and not more than three days after holding of the first primary election, shall certify his or her declination to enter such second primary election to the chair of the state executive committee of his or her party, if the office is an office other than a county office, or to the chair of the county executive committee of his or her party if the office is a county office. Upon the receipt of such notification, the chair of such committee shall declare the other candidate the nominee of the party for such office and certify his or her name as such nominee to the Secretary of State or the judge of probate, as the case may require, and a second primary election for the nomination of a candidate for that particular office shall not be held.
(Acts 1975, No. 1196, p. 2349, §33; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; §17-16-37; amended and renumbered by Act 2006-570, p. 1331, §59.)
If a nominee for a single office is to be selected, with more than one candidate, then the majority of votes cast for the office in such election shall be ascertained by dividing the total votes cast for all candidates for the office by two, and any number of votes in excess of one half of such total votes cast for all candidates for such office shall be a majority within the meaning of this section. If nominees for two or more offices, constituting a group, are to be selected and there are more candidates for nomination than there are such offices, then the majority of votes cast for the office in such election shall be ascertained by dividing the total votes cast for all such candidates by the number of positions to be filled, and then dividing the result by two. Any number of votes in excess of the number ascertained by such last division shall be the majority herein provided for necessary for nomination. If, in ascertaining the result in this way, it appears that more candidates have obtained this majority than there are positions to be filled, then those having the highest vote, if beyond the majority just defined, shall be declared the nominees for the positions to be filled.
(Acts 1975, No. 1196, p. 2349, §34; §17-16-38; amended and renumbered by Act 2006-570, p. 1331, §59.)
If, in any primary election held under the provisions of this chapter, there shall be a tie vote cast, then such tie shall be decided by the chair of the state executive committee, if the office is an office other than a county office, and by the chair of the county executive committee, if the office is a county office.
(Acts 1975, No. 1196, p. 2349, §35; §17-16-39; amended and renumbered by Act 2006-570, p. 1331, §59.)
The Secretary of State, not later than 69 days before the general election, shall certify to the judge of probate of each county in the state a separate list of nominees of each party for office and for each candidate who has requested to be an independent candidate and has filed a written petition in accordance with Section 17-9-3, except nominees for county offices, to be voted for by the voters of such county.
(Acts 1975, No. 1196, p. 2349, §36; Acts 1995, No. 95-786, p. 1872, §1; §17-16-40; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2014-6, p. 21, §1; Act 2024-168, §1.)
The state executive committee, in cases where the office to be filled is not a county office, and the county executive committee, in cases where the office to be filled is a county office, but subject to the approval of and in accordance with the method prescribed by the state executive committee, where a vacancy may occur in any nomination, either by death, resignation, revocation, or otherwise, or in case of any special election, may fill such vacancy, either by action of the committee itself or by such other method as such committee may see fit to pursue. The respective state or county executive committee shall file with the Secretary of State, for a state or federal office, or with the judge of probate, for a county office, the name of the candidate to fill such vacancy not later than 76 days before the election.
(Acts 1975, No. 1196, p. 2349, §37; §17-16-41; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2014-6, p. 21, §1.)
Any voter in this state who votes more than once, or attempts to vote more than once, in any primary election held in this state, or who votes in both this state and another state or territory in the same or equivalent election, shall be punished in the same manner as provided for voting or attempting to vote more than once in a general election as provided in Section 17-17-36.
(Acts 1927, No. 130, p. 89; Code 1940, T. 17, §410; §17-16-51; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2021-448, §1.)
Any person who shall change or in any wise alter the returns of any primary election, or remove the copy of the returns posted at any polling place before the result of the election is announced by the committee or governing authority, shall be punished in the same form and manner as provided by the general law for the punishment of any person who changes or in any wise alters the returns of the regular state elections.
(Code 1907, §6824; Code 1923, §3947; Code 1940, T. 17, §401; §17-16-52; amended and renumbered by Act 2006-570, p. 1331, §59.)
The sheriff of each county on the day of such primary election shall be present in person or by deputy at each election precinct or voting district where such elections are held, and shall preserve good order. All duties imposed and powers conferred upon the sheriff in county and district elections by this section are imposed and conferred on the marshal or chief of police in all municipal primary elections.
(Acts 1915, No. 78, p. 218; Code 1923, §3953; Code 1940, T. 17, §407; §17-16-56; amended and renumbered by Act 2006-570, p. 1331, §59.)
An assemblage or organization of electors which, at the general election for state and county officers then next preceding the primary, casts more than 20 percent of the entire vote cast in any county is hereby declared to be a political party within the meaning of this chapter within such county; and an assemblage or organization of electors which, at the general election for state officers then next preceding the primary, casts more than 20 percent of the entire vote cast in the state is hereby declared to be a political party within the meaning of this chapter for such state.
(Acts 1975, No. 1196, p. 2349, §2; §17-16-2; amended and renumbered by Act 2006-570, p. 1331, §61.)
In determining the total vote of a political party whenever required by this chapter, the test shall be the total vote received by a candidate of that party who received the highest vote total of any of the candidates of that party.
(Acts 1975, No. 1196, p. 2349, §3; §17-16-3; amended and renumbered by Act 2006-570, p. 1331, §61.)
Primary elections are not compulsory. A political party may, by its state executive committee, elect whether it will come under the primary election law. All political parties are presumed to have accepted and come under the provisions of the primary election law, but any political party may signify its election not to accept and come under the primary election law by filing with the Secretary of State, at least 60 days before the date herein fixed for the holding of any general primary election, a statement of the action of its state executive committee, certified by its chair and secretary, which statement shall contain a copy of the resolution or motion adopted declining to accept and come under the primary election law. If a political party declines to accept and come under the primary election law, it shall not change its action and accept and come under the primary election law until after the next general election held thereafter. The governing body of a political party may determine from time to time what party officers shall be elected in the primary; provided, that candidates for all party offices shall be elected under the provisions of this chapter unless the method of their election is otherwise directed by the governing body of the party involved.
(Acts 1975, No. 1196, p. 2349, §1; §17-16-5; amended and renumbered by Act 2006-570, p. 1331, §61.)
Political parties may provide for the selection of delegates to national conventions by the holding of a presidential preference primary or by popular election of the delegates or otherwise. In the event a presidential preference primary is called by the governing body of any party, notice of such action shall be given to the Secretary of State as part of the notice required by Section 17-13-46. The notice shall prescribe the procedure for the listing of the names of presidential candidates on the primary ballot and for the selection of delegates pledged under party rules to vote for the respective presidential candidates. A presidential preference primary, when called, shall appear in the first or top position on the primary ballot. When no presidential preference primary is to be utilized, delegates may be elected in the primary election in the same manner as other party officers; except, that subject to such rules and procedures as the respective political parties may adopt, any delegate candidate may be permitted to list opposite his or her name on the primary ballot the surname of the presidential candidate to whom he or she is pledged or the word “uncommitted.” When delegates are to be so elected, the candidates for such position or positions shall appear in the first or top position on the primary ballot.
(Acts 1975, No. 1196, p. 2349, §6; §17-16-7; amended and renumbered by Act 2006-570, p. 1331, §61.)
There may be provided a committee of each party for the state and each political subdivision of the state, including counties, the committees to be selected in such manner as may be provided for by the governing authority of each party, but if there shall not be elected or chosen any committee for any county or other political subdivision, then all the powers which could be exercised by any such committee shall be vested in the state executive committee, under such rules and regulations as the governing body of the party may designate, or the state committee or the chair thereof may appoint a county committee to act until such a committee is elected or chosen as provided by law or party rule. When a state executive committee of a party is provided, the state executive committee shall be the governing body of the party within the meaning of this chapter; except, that it may delegate to county executive committees authority over the conduct of party affairs within the respective counties, including authority over the conduct of primary elections within the respective counties.
(Acts 1975, No. 1196, p. 2349, §7; §17-16-8; amended and renumbered by Act 2006-570, p. 1331, §61.)
The state or county executive committee of any political party may, by a majority vote of the committee, require that members of the committee be elected by the qualified electors of such political party. If such committee adopts an appropriate resolution requiring that such members be so elected, such election shall be held on the same ballot as the gubernatorial primary election. When members of county or state executive committees are to be elected in a primary, their declarations of candidacy shall be filed in the same manner and within the same time as candidates for nomination for public office.
(Acts 1975, No. 1196, p. 2349, §8; §17-16-9; amended and renumbered by Act 2006-570, p. 1331, §61.)
When the governing body of any political party desires to enter the primary election ordered to be held under this chapter, the governing body for the state shall give public notice thereof by filing a copy of the resolution of such governing body with the Secretary of State of Alabama. Such notice may be given to the Secretary of State by the chair of the county executive committee where the primary election affects only one county, and a copy of such notice shall be filed with the judge of probate of such county.
(Acts 1975, No. 1196, p. 2349, §12; §17-16-13; amended and renumbered by Act 2006-570, p. 1331, §61.)
The governing body of a party may fix assessments upon those able to pay, or other qualifications as it may deem necessary, for persons desiring to become candidates for nomination to offices at a primary election, but such assessments shall not exceed two percent of one year’s salary of the office sought and, for an unremunerative or party county office or an unremunerative or party office to be filled by a vote of a subdivision greater than one county, it shall not exceed fifty dollars ($50) or one hundred fifty dollars ($150) for an unremunerative or party office to be filled by a vote of the entire state.
(Acts 1975, No. 1196, p. 2349, §14; Acts 1981, 2nd Ex. Sess., No. 81-1071, p. 318, §1; §17-16-15; amended and renumbered by Act 2006-570, p. 1331, §61.)
Each candidate for nomination may, at least 45 days before the primary, present to the county executive committee of his or her party a list of election officials desired by him or her for any one or more of the districts, wards, or precincts, and the county committee, so far as practicable, shall make, from the list so presented to it, a list of names of election officials for each district, ward, or precinct, which it will nominate to the appointing board of the county for appointment as officials to conduct the primary election. The county committee shall present the list so made up by it to the appointing board of the county which appoints the election officials to conduct elections for state and county officials in November, or at any other lawful time, which appointing board, from the list so presented to it by the county committee, shall, if there be on the list the names of sufficient persons who are legally eligible, select and appoint the officials to conduct the primary election, giving representation to all political parties wherever more than one party enters the primary; and, in the latter case, if a county committee has not given a sufficient number of names for a box, then the appointing board shall supply the deficiency from electors of that party, if practicable. In the event the persons selected as officials fail to appear at the polling place on the day of the primary election at the opening of the polls, then their places shall be filled by such of those who have been named by such appointing board as do appear; and, in the event none so named appear by then, the voters present and qualified to participate in such primary election may, from among themselves, select officials to conduct such election in such district or precinct during the absence of the appointed precinct election officials, and such substituted persons shall have the authority to conduct such elections and to be paid for their service in the same manner as if they had been originally appointed. All officials serving in such primary elections shall take the same oath required to be taken by officials of regular state elections and shall be subject to the same restrictions, limitations, penalties, and conditions.
(Acts 1975, No. 1196, p. 2349, §15; §17-16-17; amended and renumbered by Act 2006-570, p. 1331, §61.)
The state executive committee or other governing body of any political party may provide for state conventions or conventions of other subdivisions and may provide for the election of delegates to such convention or other party officials at the general primary herein provided for.
(Acts 1975, No. 1196, p. 2349, §38; §17-16-42; amended and renumbered by Act 2006-570, p. 1331, §61.)
(a) When any political party shall desire to hold any mass meeting, beat meeting, or other meeting of the voters of such party for the purpose of nominating any candidate or candidates for public office to be voted for in a general election in Alabama or for the purpose of selecting delegates or other representatives to any convention which may select such candidates for public office or when any such party shall desire to hold such mass meeting, beat meeting, or other meeting of the voters of such party for the purpose of selecting committeemen, representatives, or other party officers of such party, all of such meetings shall be held as provided in this section.
(b) All such meetings shall be held before the first primary election. The general public is privileged to attend such meetings, but not to participate. No less than five days prior to the date upon which any such mass meeting, beat meeting, or other meeting is to be held, notice of such meeting, including the time and place of such meeting, shall be filed with the judge of probate of the county in which any such meeting is to be held and shall be published in a newspaper of general circulation in the county at the expense of the political party holding such meeting. The judge of probate shall immediately forward to the Secretary of State a certified copy of all notices filed under this section.
(Acts 1975, No. 1196, p. 2349, §§39, 40; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; Acts 1982, No. 82-611, p. 1109, §2; §17-16-43; amended and renumbered by Act 2006-570, p. 1331, §61.)
Sections 17-13-50 and 17-17-50 shall not apply where a special election is called for the election of a public officer for which the party has no candidate or where, by death, resignation, or otherwise, a vacancy has occurred in any nomination made by such party. Sections 17-13-50 and 17-17-50 shall not apply to municipal elections.
(Acts 1975, No. 1196, p. 2349, §41; §17-16-45; amended and renumbered by Act 2006-570, p. 1331, §61.)
The certificate of nomination by any caucus, convention, mass meeting, or other assembly of any political party or faction in this state not conducting a primary election at the expense of the state shall be filed on or before 5:00 P.M. of the primary election day to certify their nominees with the judge of probate, in the case of nominations for county office, and with the Secretary of State, in the case of all other offices. Each such certificate must have attached thereto a separate sworn statement from the nominee, signed by the nominee, stating that he or she accepts the nomination.
(Acts 1975, No. 1196, p. 2349, §43; §17-16-46; amended and renumbered by Act 2006-570, p. 1331, §61.)
Any contest to a nomination made by primary election must be filed within 24 hours after the results of the primary election have been declared, weekends excluded, under the same conditions and on the same grounds as provided in the laws of Alabama for general elections of state and county officers and as provided in this chapter. The person whose nomination is contested under this section shall be notified of the contest in accordance with Section 17-13-83 and shall have five days after notice of the filing of the contest within which to file with the chair his or her objections and answers to such contest. Such contest shall be heard and tried by the county executive committee as to candidates for county offices and by the state committee as to candidates for all other offices; and wherever there is no county executive committee consisting of enough members to obtain a quorum, then by the state executive committee.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §373; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §§3, 4; Acts 1979, No. 79-800, p. 1463, §4; §17-16-70; amended and renumbered by Act 2006-570, p. 1331, §63.)
The contests of nomination by a party for office, other than a county office, may be instituted by any qualified elector of the state, or of the political subdivision, as the case may be, who belongs to that party and who legally participated in such primary election, upon the following grounds, which may be used separately, or else be joined in the same contest:
(1) Malconduct, fraud, or corruption on the part of any inspector, clerk, returning officer, canvassing board, or other persons.
(2) When a person whose nomination is contested was not eligible to the office sought at the time of the declaration of nomination.
(3) On account of illegal votes given.
(4) On account of the rejection of legal votes.
(5) Offers to bribe, bribery, intimidation, or other malconduct or misconduct calculated to prevent a fair, free, and full exercise of the elective franchise.
(6) Miscalculation, mistake, or misconduct in counting, tallying, certifying, or canvassing which of itself alone or in conjunction with the giving of illegal votes or the rejection of legal votes, or any other ground, would, when everything is corrected, reduce the number of legal votes cast for the declared nominee down to or below those of some other candidate in that race.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §374; §17-16-71; amended and renumbered by Act 2006-570, p. 1331, §63.)
None of the grounds of contest enumerated in Section 17-13-71 shall serve to annul or set aside any declared nomination, unless such ground alone or in conjunction with other of such grounds alleged shall serve to show to the reasonable satisfaction of the committee trying the contest that the person who was declared nominated and whose nomination is contested did not receive at such primary the number of legal votes necessary under this chapter to be nominated. But upon such contest, the committee shall have power to declare who was legally nominated at such primary for such office.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §375; §17-16-72; amended and renumbered by Act 2006-570, p. 1331, §63.)
When a contest of a nomination is instituted or where a special primary to nominate is held as provided for in this chapter, the declared nominee for such office shall not be certified until after termination of the contest filed in the time herein prescribed.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §368; §17-16-73; amended and renumbered by Act 2006-570, p. 1331, §63.)
In the hearing of any contest before any committee or subcommittee under the provisions of this article, such committee, through its chair, or through such other authority as may be designated, shall have authority to summon witnesses to appear before it, or before any subcommittee appointed by it, in the hearing of any contest pending before such committee, and can require any witnesses by a subpoena duces tecum to produce any books, papers, poll lists, tally sheets, ballots, certificates, or other documents which it may consider necessary to a rightful determination of the case.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §392; §17-16-74; amended and renumbered by Act 2006-570, p. 1331, §63.)
Any person examined as a witness on a contest of a nomination may be required to answer as to whether he or she voted at the primary and touching his or her qualification to vote thereat and to answer for whom he or she voted in the race concerned in the contest. A person who swears falsely upon such contest to any material matter may be prosecuted for any perjury thereby committed, as defined by Section 13A-10-100; but if on such contest the person makes full and true answers, any of which may incriminate or tend to incriminate the person, the person shall not be prosecuted in any court, either for voting in the primary or for any offense committed and disclosed by the answers.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §376; §17-16-75; amended and renumbered by Act 2006-570, p. 1331, §63.)
The chair of any committee or subcommittee before which may be pending any contest as herein provided may administer oaths to witnesses in such contests and summon persons and officers to be and appear before such committee or subcommittee. The person who desires the summoning of any witnesses, at the time he or she makes request of the chair of such committee to summon any witness, shall deposit with the chair of such committee, in cash, sufficient money to pay the cost of summoning any such witness and also to pay such witness the sum of one dollar ($1) per day while attending upon such committee and the sum of three cents ($.03) per mile each way in coming and returning from attendance upon such committee. All witnesses summoned to testify in any contest pending before any committee shall be paid at the rate of one dollar ($1) per day and three cents ($.03) per mile. Any party to the contest may file with the chair an instrument in writing, signed by any such desired witness, waiving the right to claim such per diem and mileage, in which event the chair shall not require a deposit for the payment of such witness fees, but only for the expense of summoning him or her.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §390; §17-16-76; amended and renumbered by Act 2006-570, p. 1331, §63.)
The judge of probate of any county, upon the application of either party to any contest or his or her agent or attorney, shall deliver to the party, agent, or attorney a certified copy of the registration list of the county or for any election district, ward, or precinct therein, upon payment of the fees for certifying and copying the same at the rate of one dollar ($1) per page in making such copy. Such copies, duly certified, shall be prima facie evidence of the facts stated therein; namely, copies of the registration lists that the persons named therein were duly registered. Any chair of any committee or other authority or person in whose possession, control, or custody there is any list of persons voting at the primary election or any other paper lawfully pertaining to the primary election, shall furnish a copy thereof for any state, county, district, ward, or precinct, duly certified by him or her, whenever required in writing by either party to a contest or his or her agent or attorney, upon the applicant’s paying in advance the reasonable cost of preparing such copy, and such duly certified copies shall be prima facie evidence of the truth of the matter indicated or recited therein.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §377; §17-16-77; amended and renumbered by Act 2006-570, p. 1331, §63.)
(a) Any elector of a party desiring to contest the nomination by his or her party of any candidate declared the nominee for any office shall make a statement in writing setting forth specifically all of the following:
(1) The name of the party contesting and that the elector was a qualified elector when the primary was held and he or she participated therein.
(2) The nomination which the election was held to fill.
(3) The time of holding the election.
(4) The name of the person declared nominated.
(5) The particular grounds on which the nomination is contested.
(b) The contest is instituted by filing this statement and giving security as provided in this article, which statement must be certified by the affidavit of such contesting party to the effect that he or she believes the same to be true.
(c) If the reception of illegal votes is alleged as a ground for contest, it is a sufficient statement of the ground to allege that illegal votes were given to the person whose nomination is contested, which, if taken from him or her will, of themselves alone or in conjunction with other alleged grounds of contest, if any, reduce the number of legal votes given to him or her down to or below the number of legal votes given to some other candidate for the same nomination; and if the rejection of legal votes is alleged as a ground, it is a sufficient statement of the ground to allege the legal votes were offered and rejected which, if cast and counted, would of themselves alone or in conjunction with other alleged grounds, if any, increase the number of legal votes cast for such candidate to a number equal to or greater than the number to which the contestee was legally entitled.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §378; §17-16-78; amended and renumbered by Act 2006-570, p. 1331, §63.)
No testimony shall be received of any illegal votes or of the rejection of any legal votes in any contest commenced under this article unless the party complaining thereof has given to the adverse party notice in writing of the number of illegal votes and by whom given, for whom given, and at what precinct or voting place cast, or the number of legal votes rejected, by whom offered, and at what precinct or voting place they were not allowed to be cast, which he or she expects to prove on the trial. Such notice shall be served personally or left at the residence or usual place of business of the adverse party at least five days before the taking of the testimony in reference to such votes.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §379; §17-16-79; amended and renumbered by Act 2006-570, p. 1331, §63.)
Any contest of a nomination to any county office must be commenced within 24 hours after the result has been canvassed and the nomination declared by the county executive committee of the party holding the primary, by filing a statement of contest with the chair of such county committee, in the same manner and form as is provided in this article for contest of other nominations, and depositing at the same time with such chair the sum of fifty dollars ($50) in cash to be used by the county executive committee in paying the expenses of such contest from time to time as such expenses may be authorized or directed by the county executive committee. The person whose nomination is contested under this section shall be notified of such contest in accordance with Section 17-13-83 and shall have five days after notice of the filing of the contest within which to file with such chair his or her objections and answers to such contest.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §380; §17-16-80; amended and renumbered by Act 2006-570, p. 1331, §63.)
The chair of the county executive committee, upon the filing with him or her of any contest as provided in this article, shall call the committee together at the county seat and the committee shall meet not more than five calendar days from the filing of such contest to hear and determine the same.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §381; §17-16-81; amended and renumbered by Act 2006-570, p. 1331, §63; Act 2014-6, p. 21, §1.)
(a) Either party to a contest under this article shall have the right of an appeal to the state executive committee from the final decision of the county executive committee upon the same. Notice of such appeal shall be filed with the chair of the state executive committee within two business days after determination of such contest by the county executive committee. At the time of filing with the chair of the state executive committee the notice of appeal, such appellant shall deposit with the chair of the state executive committee the sum of one hundred dollars ($100) to cover such cost and expenses as may be incurred by the state executive committee to hear and determine the appeal. Upon the filing of any such appeal, the chair of the county executive committee from whose decision the appeal is taken shall certify to the chair of the state executive committee, forthwith upon receiving notice of such appeal, a transcript showing a complete record of the proceedings before the county executive committee in such contests, and also a statement of the substance of the testimony of each witness taken on the trial of the contest before the county committee. Such statement may be offered in evidence upon the hearing of the appeal by either party to the appeal.
(b) The chair of the state executive committee, upon the filing of an appeal, shall call the committee to meet and the committee shall meet not more than five calendar days from the time of the filing of any such appeal for the purpose of hearing and determining the same. Upon a final determination of the appeal, the chair of the state executive committee shall issue to the county executive committee from which the appeal was taken the order of judgment of such state executive committee upon the appeal, and the county executive committee shall immediately act thereon in accordance with the terms of such order of judgment. Upon the failure or refusal of such county executive committee to comply with the terms of such order or judgment within the time named in such order or judgment, such state executive committee, if it is then in session, otherwise, the chair of such state executive committee, is hereby vested with full and complete authority to take such measures or adopt such steps as it may deem necessary to carry out such order or judgment, and is invested with all the powers of such county executive committee or its chair insofar as such powers may be necessary or convenient in carrying out such order or judgment.
(c) The chair of the state executive committee may appoint a subcommittee of not less than three to hear and decide any contest, and the subcommittee so appointed shall, if so authorized by the chair of the state executive committee, have all of the power and authority given to or possessed by the state executive committee to hear such contest. The subcommittee may be appointed to hear evidence and report their recommendations to the full state executive committee.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §§382, 383; §17-16-82; amended and renumbered by Act 2006-570, p. 1331, §63; Act 2014-6, p. 21, §1.)
Any qualified elector of a party participating in any primary election held under the provisions of this chapter may, if the elector participated in the primary, contest a nomination declared by his or her party to any office, other than a county office, by filing with the chair of the state executive committee a statement of contest and grounds thereof, as required by this article, for contest before a committee, verified and with averments the same as therein provided and by giving security as provided in this article. The person whose nomination is contested shall at once be notified by such chair in writing of such fact, and such contestee shall have five days after the receipt of such notice of such contest within which to file with the chair of the state executive committee his or her objections and answers to the statement of contest.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §384; §17-16-83; amended and renumbered by Act 2006-570, p. 1331, §63.)
Upon the filing of any contest of nomination, the chair of the executive committee with which the contest is filed shall file a statement in the office of the clerk of the circuit court of the county where the contestant resides of the fact that such a contest has been filed, giving the names of the parties thereto, the nomination contested and the day set for hearing. After such statement is filed, the clerk of the circuit court shall issue such subpoenas for witnesses and orders for production of documents and shall issue commissions for the taking of testimony by deposition as required by either party, each party to the contest being responsible for costs incurred by him or her for the summoning and attendance of witnesses on his or her behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall be the duty of the sheriff to serve all process issued by the circuit clerk and execute all orders and processes of the executive committee or subcommittee trying the contest. Such executive committee or subcommittee shall have the same power and authority as the circuit judges of this state to enforce obedience to its orders and process and to punish disobedience to its orders by fine or imprisonment, as for contempt. Such executive committee or subcommittee, of its own motion or at the request of either party, may require any person to produce before it papers or documents pertinent to any inquiry before such executive committee or subcommittee. The chair of the executive committee or subcommittee trying the contest may issue directly to the sheriff process for the attendance of witnesses or the production of documents or commissions for taking depositions without the intervention of the circuit clerk, as provided in this article.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §385; §17-16-84; amended and renumbered by Act 2006-570, p. 1331, §63.)
The chair of the state executive committee shall, upon the filing of a contest with him or her, as provided in this article, call the committee to meet and the committee shall meet not more than five calendar days from the time of filing such contest for the purpose of hearing and determining the same, or, without calling the committee to meet, the chair may appoint a subcommittee as herein provided for and the subcommittee shall meet not more than five calendar days after a contest is filed for the purpose of hearing and determining the same.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §386; §17-16-85; amended and renumbered by Act 2006-570, p. 1331, §63; Act 2014-6, p. 21, §1.)
Upon the hearing of any contest, if the state or county executive committee finally determines who is the legal nominee for any office, it shall make a declaration of its judgment upon the question not later than 90 days before the general election for a county office and not later than 83 days before the general election for a state office. If the committee fails or refuses to hear or determine the outcome of a contest by the 90th day before the general election for a county office or the 83rd day before the general election for a state office, the failure or refusal shall be treated as a dismissal or the rendition of judgment against the contestant, and a certificate thereof shall be forwarded by either the county chair to the judge of probate or the state chair to the Secretary of State .
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §387; §17-16-86; amended and renumbered by Act 2006-570, p. 1331, §63; Act 2014-6, p. 21, §1.)
If, upon the hearing of any contest for any office, as provided for in this chapter, the committee, after an investigation and hearing of the contest, shall determine that it is impossible from the evidence before it to decide who is the legally nominated candidate for the office contested, it may direct a new primary election for the nomination to any such office, but where any action is taken by any county executive committee, either person to the contest, in the same manner as herein provided for in the case of appeals from the action of any county committee, may take an appeal to the state executive committee, which shall be the court of final appeal in all party contests of nominations; provided that, upon hearing of any contest or appeal, as provided for in this chapter, which is not referred to and decided by a subcommittee, 15 members of any such state executive committee shall constitute a quorum for the hearing and determining of such contest or appeal; provided further, that the entire committee shall be notified of the meeting in the usual way.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §388; §17-16-87; amended and renumbered by Act 2006-570, p. 1331, §63.)
The state executive committee may prescribe such other additional rules governing contests and other matters of party procedure as it may deem necessary not in conflict with this chapter.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §389; §17-16-88; amended and renumbered by Act 2006-570, p. 1331, §63.)
Upon filing of any contest as herein provided, the executive committee before whom any such contest is pending, if in session, or the chair of such committee, if it is not in session, may appoint a commissioner, upon the request of either party, for the purpose of taking testimony in such contest, and such commissioner shall take testimony in such contest as he or she may be directed to take by the chair of such committee, and five days’ notice of the time when and place where such commissioner expects to take such testimony and the names of the witnesses to be examined shall be given the opposite party to the contest. Each party to the contest may be represented before such commissioner, but before any such commissioner is appointed, the party desiring the appointment made shall deposit with the chair of such committee sufficient funds to pay the expenses and fees of such commissioner and the fees and mileage of any witness which may be summoned before such commissioner. And such commissioner, when appointed, for the purpose of the contest in which he or she is to take testimony, may summon witnesses to appear before him or her in such contest and administer oaths to such witnesses and shall have all the authority vested in a judge of a district court to punish for contempt. Such commissioner shall not be of kin to either party to the contest.
(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §391; §17-16-89; amended and renumbered by Act 2006-570, p. 1331, §63.)
(a) Primary elections for the purpose of determining the preferred candidates for President of the United States shall be held the first Tuesday in March each year in which a President is to be elected beginning in the year 2016.
(b) Subject to rules and procedures of the political party of any presidential candidate, the names of any candidates for delegate to the national conventions pledged to a presidential candidate shall be placed under his or her name and the delegates shall be elected in the primary election as provided herein.
(c) The State of Alabama shall reimburse a county for all sums expended in holding and conducting the presidential preference primary as provided in Section 17-16-4.
(Acts 1978, No. 691, p. 994, §1; Acts 1979, No. 79-547, p. 994, §1; Code 1975, §17-18A-1; Acts 1990, No. 90-699, p. 1359, §1; Act 2006-634, p. 1731, §1; §17-16A-1; amended and renumbered by Act 2006-570, p. 1331, §65; Act 2007-461, p. 965, §3; Act 2011-566, p. 1142, §1; Act 2015-239, §1.)
The provisions of Section 17-9-3 and this chapter shall apply to presidential preference primaries held under the provisions of this article unless clearly inconsistent herewith or inappropriate for the conduct of a presidential preference primary. Any political party holding a presidential preference primary may promulgate rules for the conduct of such primary not inconsistent with the provisions of this article.
(Code 1975, §17-18A-2; Acts 1978, No. 691, p. 994, §2; §17-16A-2; amended and renumbered by Act 2006-570, p. 1331, §65.)
In order to qualify the name of any person to appear on the ballot at a presidential preference primary, a petition or petitions in support of his or her candidacy shall be filed with the state party chair of the appropriate political party, hereinafter referred to as “chair,” 116 days prior to the presidential preference primary election. To comply with this section, a candidate may file a petition or petitions signed by a total of not less than 500 qualified electors of the state, or petitions signed by not less than 50 qualified electors of each congressional district of the state, in which case there shall be a separate petition for each congressional district. The petitions shall be in such form as the chair may prescribe; provided, that there shall be a space for the county of residence of each signer next to the space provided for his or her signature. No signature may be counted as valid unless the county of residence of the signer is provided. Each petition shall contain an affirmation under the penalties of perjury that each signer is a qualified elector in his or her congressional district or in the state, as appropriate. The decision of the chair as to the regularity of the petitions shall be final.
(Code 1975, §17-18A-3; Acts 1978, No. 691, p. 994, §3; Acts 1979, No. 79-547, p. 994, §1; Acts 1990, No. 90-699, p. 1359, §1; Act 2006-634, p. 1731, §1; §17-16A-3; amended and renumbered by Act 2006-570, p. 1331, §65; Act 2015-477, §1.)
No candidate shall be allowed to have his or her name placed on the ballot at a presidential preference primary unless there shall be paid to the chair, at the time of filing his or her qualifying petition, such fee as the party may prescribe.
(Code 1975, §17-18A-4; Acts 1978, No. 691, p. 994, §4; Acts 1979, No. 79-547, p. 994, §1; §17-16A-4; amended and renumbered by Act 2006-570, p. 1331, §65.)
Whenever the chair shall receive petitions, timely filed, which appear to qualify the name of a candidate for President to be placed on the ballot, he or she shall forthwith notify the prospective candidate by the most expeditious means of communication and shall advise such prospective candidate that unless the candidate withdraws his or her name from the ballot no later than 76 days before the primary, it will appear on the ballot of the party at such presidential preference primary. If a candidate signifies the desire to withdraw his or her name within the above time limit, it shall not be printed on the ballot.
(Code 1975, §17-18A-5; Acts 1978, No. 691, p. 994, §5; Acts 1979, No. 79-547, p. 994, §1; §17-16A-5; amended and renumbered by Act 2006-570, p. 1331, §65; Act 2015-477, §1.)
Each political party authorized to hold a primary and wishing to hold such a presidential preference primary shall, not less than 116 days before such primary is to be held, adopt and file with the Secretary of State a resolution stating that intention, the method by which electors are to indicate one or more preferences, the method by which delegates are to be selected, elected, chosen, and replaced, and the pledge, if any, by which delegates are to be bound.
(Code 1975, §17-18A-7; Acts 1978, No. 691, p. 994, §7; Acts 1979, No. 79-547, p. 994, §1; Acts 1990, No. 90-699, p. 1359, §1; §17-16A-6; amended and renumbered by Act 2006-570, p. 1331, §65; Act 2015-477, §1.)
The following officers in this state shall be elected by the qualified electors thereof: Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, Commissioner of Agriculture and Industries, public service commissioners, senators and representatives in the Legislature, Chief Justice and associate justices of the Supreme Court, judges of the courts of appeals, circuit courts, and district courts, district attorneys, judges of the probate court, sheriffs, coroners, clerks of the circuit courts, tax assessors, tax collectors, county treasurers in counties of more than 56,000 population, as provided by law, members of county commissions, constables, representatives in Congress, United States senators, electors for President and Vice President of the United States, and such other officers as may be required by law to be elected by the people, when not otherwise specially provided for.
(Code 1876, §243; Code 1886, §338; Code 1896, §1573; Code 1907, §331; Code 1923, §413; Code 1940, T. 17, §65; §17-2-1; amended and renumbered by Act 2006-570, p. 1331, §68.)
General elections throughout the state shall be held for Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, Commissioner of Agriculture and Industries, Chief Justice and associate justices of the Supreme Court, judges of the courts of appeals, electors for President and Vice President of the United States, United States senators, and such other officers as may be required by law to be elected by the voters of the entire state; for a member of Congress in each congressional district; public service commissioners in each congressional district as provided in Section 37-1-3; judges of the circuit court in each judicial circuit; judges of the district courts in each district; district attorneys in each judicial circuit; a senator in each state senate district; a representative in the Legislature in each state house district; a judge of the probate court, sheriff, clerks of the circuit courts, tax assessor, tax collector, a county treasurer in counties of more than 56,000 population, as provided by law, coroner, and members of the county commission in each county, and constables in each precinct of the county.
(Code 1876, §244; Code 1886, §339; Code 1896, §1574; Code 1907, §332; Code 1923, §414; Code 1940, T. 17, §66; §17-2-2; amended and renumbered by Act 2006-570, p. 1331, p. 1331, §68; Act 2026-345, §4.)
The Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, Commissioner of Agriculture and Industries, senators and representatives in the Legislature, a sheriff in each county, one coroner in all counties having a coroner, and other officers not otherwise provided for, shall be elected on the first Tuesday after the first Monday in November 2006, and every fourth year thereafter.
(Code 1876, §245; Code 1886, §340; Code 1896, §1575; Code 1907, §333; Code 1923, §416; Code 1940, T. 17, §68; §17-2-3; amended and renumbered by Act 2006-570, p. 1331, §68; Act 2026-345, §4.)
Except as otherwise provided by local law, members of county commissions, one county treasurer in all counties having a county treasurer, and one constable for each election precinct shall be elected on the first Tuesday after the first Monday in November 2008, and every fourth year thereafter.
(Code 1876, §341; Code 1886, §1577; Code 1896, §1576; Code 1907, §334; Code 1923, §417; Code 1940, T. 17, §69; §17-2-4; amended and renumbered by Act 2006-570, p. 1331, §68.)
Except as otherwise provided by local law, at the general election of state and county officers in November 2006, and biennially thereafter, a member or members of the county board of education shall be elected for a term of six years to succeed those whose term or terms of office shall expire at that time. Each member shall hold office until his or her successor has been elected and qualified.
(Acts 1915, No. 220, p. 281; Code 1923, §418; Code 1940, T. 17, §70; §17-2-5; amended and renumbered by Act 2006-570, p. 1331, §68.)
The judges of the circuit and district courts, the judge of probate, the judges of the courts of appeals, and clerks of the circuit court shall be elected on the first Tuesday after the first Monday in November 2006, and they shall hold their respective offices for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.
Unless otherwise provided in the Constitution of Alabama of 1901, vacancies in any judicial office shall be filled by appointment by the Governor.
The office of a judge shall be vacant if the incumbent dies, resigns, retires, or is removed. The appointment of a judge of probate is for the remainder of the unexpired term.
A judge, other than a judge of probate, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he or she has completed one year in office. At the election the judicial office shall be filled for a full term of office beginning at the end of the appointed term.
(Code 1876, §247; Code 1886, §342; Code 1896, §1578; Code 1907, §336; Code 1923, §420; Code 1940, T. 17, §72; §17-2-7; amended and renumbered by Act 2006-570, p. 1331, §68.)
The Administrative Director of Courts shall certify vacancies in offices of judges of circuit courts, district courts, courts of appeals, and the Supreme Court, and clerks of circuit courts to the Secretary of State by December 1 of the year preceding the next general election.
(Act 2006-570, p. 1331, §69.)
One district attorney for each judicial circuit shall be elected on the first Tuesday after the first Monday in November 2010, and every six years thereafter, and they shall hold office for a term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.
(Code 1923, §422; Code 1940, T. 17, §74; §17-2-9; amended and renumbered by Act 2006-570, p. 1331, §70.)
The Chief Justice of the Supreme Court and the associate justices of the court shall hold their respective offices for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.
The office of a justice of the Supreme Court shall be vacant if the incumbent dies, resigns, retires, or is removed. A vacancy in the office of a justice of the Supreme Court shall be filled by appointment by the Governor. A justice appointed to fill a vacancy shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he or she has completed one year in office. At such election, the office shall be filled for a full term of office beginning at the end of the appointed term.
(Code 1876, §247; Code 1886, §342; Code 1896, §1578; Code 1907, §335; Code 1923, §419; Code 1940, T. 17, §71; Acts 1969, No. 602, p. 1087, §2; §17-2-6; amended and renumbered by Act 2006-570, p. 1331, §70.)
Electors for President and Vice President of the United States shall be elected on the first Tuesday after the first Monday in November 2008, and every fourth year thereafter. A member of Congress from each congressional district shall be elected on the first Tuesday after the first Monday in November 2006, and every second year thereafter.
(Code 1876, §248; Code 1886, §343; Code 1896, §1579; Code 1907, §338; Code 1923, §423; Code 1940, T. 17, §75; §17-2-10; amended and renumbered by Act 2006-570, p. 1331, §70.)
At the general election to be held on the first Tuesday after the first Monday in November 2008, and each six years thereafter, a senator of and from the State of Alabama in the Senate of the United States shall be elected by the people for a term of six years, beginning on the third day of January next after the election. At the general election to be held on the first Tuesday after the first Monday in November 2010, and every six years thereafter, a senator of and from the State of Alabama in the Senate of the United States shall be elected by the people for a term of six years, beginning on the third day of January next after the election.
(Acts 1915, No. 410, p. 364; Code 1923, §424; Code 1940, T. 17, §76; Acts 1942, Ex. Sess., No. 3, p. 10; §17-2-11; amended and renumbered by Act 2006-570, p. 1331, §70.)
On the day prescribed in Section 17-14-10, there are to be elected, in the manner provided in this chapter, a number of electors for President and Vice President of the United States equal to the number of senators and representatives in Congress to which this state is entitled at the time of such election.
(Code 1852, §339; Code 1867, §388; Code 1876, §342; Code 1886, §435; Code 1896, §1653; Code 1907, §446; Code 1923, §536; Code 1940, T. 17, §222; §17-19-1; amended and renumbered by Act 2006-570, p. 1331, §72.)
(a) When presidential electors are to be chosen, the Secretary of State of Alabama shall certify to the judges of probate of the several counties the names of all candidates for President and Vice President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least 5,000 qualified voters of this state.
(b) The certificate of nomination by a political party convention must be signed by the presiding officer and secretary of the convention and by the chair of the state executive or central committee of the political party making the nomination. Any nominating petition, to be valid, must contain the signatures as well as the addresses of the petitioners. Such certificates and petitions must be filed in the Office of the Secretary of State no later than 74 days before the date of the election.
(c) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of individuals who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each individual so listed shall execute the following statement which shall be attached to the certificate or petition when the same is filed with the Secretary of State: “I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such elector for _____ for President and _____ for Vice President of the United States” (inserting in the blank spaces the respective names of the persons named as nominees for the respective offices in the certificate to which this statement is attached).
(Acts 1975, 3rd Ex. Sess., No. 138, p. 370, §2; Act 2003-311, p. 731, §1; §17-19-2; amended and renumbered by Act 2006-570, p. 1331, §72; Act 2015-577, p. 1641, §1; Act 2024-168, §1.)
The names of all candidates for President and Vice President who are nominated as provided in this chapter shall be printed on the official ballots under the emblem of their respective political parties, as filed in the office of the Secretary of State of Alabama. The names of the electors of the candidates for President and Vice President shall not be printed upon the ballots. A vote for a candidate for President or Vice President shall be counted as a vote for the electors of the political party or independent body by which such candidates were named, as listed on the certificate of nomination or nominating petition.
(Acts 1975, 3rd Ex. Sess., No. 138, p. 370, §3; §17-19-3; amended and renumbered by Act 2006-570, p. 1331, §72.)
In all elections for electors for President and Vice President, the canvassing board of each county must, within five days after making the statement of the county vote by precincts, return the result of the same to the Secretary of State.
(Code 1876, §343; Code 1886, §436; Code 1896, §1654; Code 1907, §447; Code 1923, §537; Code 1940, T. 17, §223; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §5; §17-19-4; amended and renumbered by Act 2006-570, p. 1331, §72.)
Within 15 days after the time for making the returns, the Governor, in the presence of the Secretary of State and Attorney General, or either of them in the absence of the other, must certify the returns, ascertain which electors are elected, and notify them by proclamation.
(Code 1876, §344; Code 1886, §437; Code 1896, §1655; Code 1907, §448; Code 1923, §538; Code 1940, T. 17, §224; §17-19-5; amended and renumbered by Act 2006-570, p. 1331, §72.)
If, at the time of making the certification under Section 17-14-34, it is found that an election of the number of electors to which the state is entitled is not made by reason of two or more candidates having received an equal number of votes, the Governor must forthwith decide between those having an equal number of votes.
(Code 1852, §342; Code 1867, §391; Code 1876, §345; Code 1886, §438; Code 1896, §1656; Code 1907, §449; Code 1923, §539; Code 1940, T. 17, §225; §17-19-6; amended and renumbered by Act 2006-570, p. 1331, §72.)
The electors of President and Vice President are to assemble at the office of the Secretary of State, at the seat of government at 12:00 noon on the second Tuesday in December next after their election, or at that hour on such other day as may be fixed by Congress, to elect such President and Vice President, and those of them present at that hour must at once proceed by ballot and plurality of votes to supply the places of those who fail to attend on that day and hour.
(Code 1852, §345; Code 1867, §394; Code 1876, §346; Code 1886, §439; Code 1896, §1657; Code 1907, §450; Code 1923, §540; Acts 1935, No. 425, p. 895; Code 1940, T. 17, §226; Acts 1945, No. 386, p. 605; Acts 1951, No. 557, p. 973; §17-19-7; amended and renumbered by Act 2006-570, p. 1331, §72.)
Each elector for President and Vice President shall receive eight dollars ($8) for each day he or she necessarily attends at the seat of government, and twenty cents ($.20) for every mile traveled to and from the same, to be estimated in the same manner as is provided by law in relation to members of the Legislature from his or her county, to be paid, on oath of such elector, by warrant on the Treasurer.
(Code 1876, §347; Code 1886, §440; Code 1896, §1658; Code 1907, §451; Code 1923, §541; Code 1940, T. 17, §227; §17-19-8; amended and renumbered by Act 2006-570, p. 1331, §72.)
The vote on an amendment proposed to the Constitution of Alabama of 1901, shall be counted and return made thereof as the vote for members of the Legislature is counted and returned, the amendments, if more than one, being designated by substantially the language used to designate them on the official ballot.
(Code 1852, §352; Code 1867, §401; Code 1876, §352; Code 1886, §445; Code 1896, §1662; Code 1907, §436; Code 1923, §526; Code 1940, T. 17, §210; §17-17-1; amended and renumbered by Act 2006-570, p. 1331, §74.)
The canvassing board shall ascertain the number of votes given in their respective counties for and against the proposed amendment when ascertaining the vote given for officers; the canvassing board of such county shall thereupon make returns of such vote, by precincts, to the Secretary of State immediately, together with a certificate, prepared from the poll lists of the total number of qualified electors in the county who voted at such election.
(Code 1852, §354; Code 1867, §403; Code 1876, §354; Code 1886, §446; Code 1896, §1663; Code 1907, §437; Code 1923, §527; Code 1940, T. 17, §211; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §4; §17-17-2; amended and renumbered by Act 2006-570, p. 1331, §74.)
The Secretary of State, in the presence of the Governor and Attorney General, or one of them, shall open certificates received pursuant to Section 17-14-51 and therefrom ascertain whether a majority of all the qualified electors of the state who voted at such election voted in favor of such amendment or amendments; and the result of the election shall be made known by proclamation of the Governor.
(Code 1886, §447; Code 1896, §1664; Code 1907, §438; Code 1923, §528; Code 1940, T. 17, §212; §17-17-3; amended and renumbered by Act 2006-570, p. 1331, §74.)
Whenever any proposed amendment to the Constitution of Alabama of 1901, regardless of the nature thereof, is submitted to the people for ratification or adoption, the expense of publication of the Governor’s proclamation concerning such amendment shall be paid out of the General Fund of the State of Alabama. Payment of the expense of the publication of any such proclamation shall be made upon account stated, certified to be correct, approved by the Governor, upon warrant of the state Comptroller.
There is hereby appropriated out of the General Fund of the State of Alabama such sum or sums as may be necessary to pay the expense of the publication of any such proclamation.
(Acts 1951, No. 980, p. 1654, §§1, 2; §17-17-4; amended and renumbered by Act 2006-570, p. 1331, §74.)
Unless otherwise stated in the act or resolution calling such election, whenever any special election is ordered by the Legislature upon any proposed amendment or amendments to the Constitution of Alabama of 1901, and the amendment affects only one municipality in this state, and if no amendment or amendments other than those affecting the municipality are submitted to the voters of the state at the election, the expense of holding such election, including the cost of publishing the notices and proclamation required by the Constitution of Alabama of 1901, shall be paid by such municipality.
(Acts 1931, No. 365, p. 430; Code 1940, T. 17, §213; §17-17-5; amended and renumbered by Act 2006-570, p. 1331, §74.)
It shall be the duty of the Comptroller to ascertain the expense of an election under Section 17-14-54 and, within 30 days after the holding of the same, to present to and file with the clerk of such municipality a statement of the expense, duly certified by such officer, and the governing body of such municipality, by whatever name called, shall cause the expense to be paid out of the funds of the municipality to the Treasurer of the State of Alabama. Every such claim shall be a preferred claim against such municipality, and the courts may enforce by writ of mandamus performance of the duty herein entailed upon the Comptroller and the members of the governing body of such municipality.
(Acts 1931, No. 365, p. 430; Code 1940, T. 17, §214; §17-17-6; amended and renumbered by Act 2006-570, p. 1331, §74.)
(a) The State of Alabama is divided into seven congressional districts as provided in subsection (b).
(b) The numbers and boundaries of the districts are designated and established by the map prepared by the Permanent Legislative Committee on Reapportionment and identified and labeled as Livingston Congressional Plan 3-2023, including the corresponding boundary description provided by the census tracts, blocks, and counties, and are incorporated by reference as part of this section.
(c) The Legislature shall post for viewing on its public website the map referenced in subsection (b), including the corresponding boundary description provided by the census tracts, blocks, and counties, and any alternative map, including the corresponding boundary description provided by the census tracts, blocks, and counties, introduced by any member of the Legislature during the legislative session in which this section is added or amended.
(d) Upon enactment of Act 2023-563 and adopting the map identified in subsection (b), the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, shall transmit the map and the corresponding boundary description provided by the census tracts, blocks, and counties identified in subsection (b) for certification and posting on the public website of the Secretary of State.
(e) The boundary descriptions provided by the certified map referenced in subsection (b) shall prevail over the boundary descriptions provided by the census tracts, blocks, and counties generated for the map.
(Code 1852, §31; Code 1867, §34; Code 1876, §29; Code 1886, §29; Code 1896, §969; Code 1907, §99; Acts 1915, No. 7501/2, p. 875; Code 1923, §154; Acts 1931, No. 59, p. 98; Code 1940, T. 17, §425; Acts 1964, 1st Ex. Sess., No. 21, p. 42, §1; Acts 1965, No. 564, p. 1050; Acts 1971, 3rd Ex. Sess., No. 120, p. 4359; Acts 1981, 1st Ex. Sess., No. 81-929, p. 78, §1; Acts 1992, No. 92-63, p. 96, §1; repealed by Act 2002-57, p. 79, §1; added by Act 2002-57, p. 79, §2; §17-20-1; repealed by Act 2011-518, p. 799, §1; added by Act 2011-518, p. 799, §§2, 3; Act 2012-363, p. 904, §1(b)(1); repealed by Act 2021-555, §1; added by Act 2021-555, 2nd Sp. Sess. §2; Act 2023-563, 2nd Sp. Sess. §2.)
The Legislature finds and declares the following:
(1) The Legislature adheres to traditional redistricting principles when adopting congressional districts. Such principles are the product of history, tradition, bipartisan consensus, and legal precedent. The Supreme Court of the United States recently clarified that Section 2 of the Voting Rights Act “never requires adoption of districts that violate traditional redistricting principles.”
(2) The Legislature’s intent in adopting the congressional plan in Act 2023-563 is to comply with federal law, including the U.S. Constitution and the Voting Rights Act of 1965, as amended.
(3) The Legislature’s intent is also to promote the following traditional redistricting principles, which are given effect in the plan created by Act 2023-563:
a. Districts shall be based on total population as reported by the federal decennial census and shall have minimal population deviation.
b. Districts shall be composed of contiguous geography, meaning that every part of every district is contiguous with every other part of the same district.
c. Districts shall be composed of reasonably compact geography.
d. The congressional districting plan shall contain no more than six splits of county lines, which is the minimum number necessary to achieve minimal population deviation among the districts. Two splits within one county is considered two splits of county lines.
e. The congressional districting plan shall keep together communities of interest, as further provided for in subdivision (4).
f. The congressional districting plan shall not pair incumbent members of Congress within the same district.
g. The principles described in this subdivision are non-negotiable for the Legislature. To the extent the following principles can be given effect consistent with the principles above, the congressional districting plan shall also do all of the following:
Preserve the cores of existing districts.
Minimize the number of counties in each district.
Minimize splits of neighborhoods and other political subdivisions in addition to minimizing the splits of counties and communities of interest.
(4)a. A community of interest is a defined area of the state that may be characterized by, among other commonalities, shared economic interests, geographic features, transportation infrastructure, broadcast and print media, educational institutions, and historical or cultural factors.
b. The discernment, weighing, and balancing of the varied factors that contribute to communities of interest is an intensely political process best carried out by elected representatives of the people.
c. If it is necessary to divide a community of interest between congressional districts to promote other traditional districting principles like compactness, contiguity, or equal population, division into two districts is preferable to division into three or more districts. Because each community of interest is different, the division of one community among multiple districts may be more or less significant to the community than the division of another community.
d. The Legislature declares that at least the three following regions are communities of interest that shall be kept together to the fullest extent possible in this congressional redistricting plan: the Black Belt, the Gulf Coast, and the Wiregrass.
e.1. Alabama’s Black Belt region is a community of interest composed of the following 18 core counties: Barbour, Bullock, Butler, Choctaw, Crenshaw, Dallas, Greene, Hale, Lowndes, Macon, Marengo, Montgomery, Perry, Pickens, Pike, Russell, Sumter, and Wilcox. Moreover, the following five counties are sometimes considered part of the Black Belt: Clarke, Conecuh, Escambia, Monroe, and Washington.
The Black Belt is characterized by its rural geography, fertile soil, and relative poverty, which have shaped its unique history and culture.
The Black Belt region spans the width of Alabama from the Mississippi border to the Georgia border.
Because the Black Belt counties cannot be combined within one district without causing other districts to violate the principle of equal population among districts, the 18 core Black Belt counties shall be placed into two reasonably compact districts, the fewest number of districts in which this community of interest can be placed. Moreover, of the five other counties sometimes considered part of the Black Belt, four of those counties are included within the two Black Belt districts — Districts 2 and 7.
f.1. Alabama’s Gulf Coast region is a community of interest composed of Mobile and Baldwin Counties.
Owing to Mobile Bay and the Gulf of Mexico coastline, these counties also comprise a well-known and well-defined community with a long history and unique interests. Over the past half-century, Baldwin and Mobile Counties have grown even more alike as the tourism industry has grown and the development of highways and bay-crossing bridges have made it easier to commute between the two counties.
The Gulf Coast community has a shared interest in tourism, which is a multi-billion-dollar industry and a significant and unique economic driver for the region.
Unlike other regions in the state, the Gulf Coast community is home to major fishing, port, and ship-building industries. Mobile has a Navy shipyard and the only deep-water port in the state. The port is essential for the international export of goods produced in Alabama.
The Port of Mobile is the economic hub for the Gulf counties. Its maintenance and further development are critical for the Gulf counties in particular but also for many other parts of the state. The Port of Mobile handles over 55 million tons of international and domestic cargo for exporters and importers, delivering eighty-five billion dollars ($85,000,000,000) in economic value to the state each year. Activity at the port’s public and private terminals directly and indirectly generates nearly 313,000 jobs each year.
Among the over 21,000 direct jobs generated by the Port of Mobile, about 42 percent of the direct jobholders reside in the City of Mobile, another 39 percent reside in Mobile County but outside of the City of Mobile, and another 13 percent reside in Baldwin County.
The University of South Alabama serves the Gulf Coast community of interest both through its flagship campus in Mobile and its campus in Baldwin County.
Federal appropriations have been critical to ensuring the port’s continued growth and maintenance. In 2020, the Army Corps of Engineers allocated over two hundred seventy-four million dollars ($274,000,000) for the Port of Mobile to allow the dredging and expansion of the port. Federal appropriations have also been critical for expanding bridge projects to further benefit the shared interests of the region.
The Gulf Coast community has a distinct culture stemming from its French and Spanish colonial heritage. That heritage is reflected in the celebration of shared social occasions, such as Mardi Gras, which began in Mobile. This shared culture is reflected in Section 1-3-8(c), which provides that “Mardi Gras shall be deemed a holiday in Mobile and Baldwin Counties and all state offices shall be closed in those counties on Mardi Gras.” Mardi Gras is observed as a state holiday only in Mobile and Baldwin Counties.
Mobile and Baldwin Counties also work together as part of the South Alabama Regional Planning Commission, a regional planning commission recognized by the state for more than 50 years. The local governments of Mobile, Baldwin, and Escambia Counties, as well as 29 municipalities within those counties, work together through the commission with the Congressional Representative from District 1 to carry out comprehensive economic development planning for the region in conjunction with the U.S. Economic Development Administration. Under Section 11-85-51(b), factors the Governor considers when creating such a regional planning commission include “community of interest and homogeneity; geographic features and natural boundaries; patterns of communication and transportation; patterns of urban development; total population and population density; [and] similarity of social and economic problems.”
g.1. Alabama’s Wiregrass region is a community of interest composed of the following nine counties: Barbour, Coffee, Covington, Crenshaw, Dale, Geneva, Henry, Houston, and Pike.
The Wiregrass region is characterized by rural geography, agriculture, and a major military base. The Wiregrass region is home to Troy University’s flagship campus in Troy and its campus in Dothan.
All of the Wiregrass counties are included in District 2, with the exception of Covington County, which is placed in District 1 so that the maximum number of Black Belt counties can be included within just two districts.
(Act 2023-563, 2nd Sp. Sess. §1.)
Each congressional district described in Section 17-14-70 is entitled to elect one representative in the Congress of the United States, who shall be chosen by the qualified electors of the district at the general election in each even-numbered year.
(Code 1867, §36; Code 1876, §30; Code 1886, §30; Code 1896, §970; Code 1907, §100; Code 1923, §155; Code 1940, T. 17, §426; Acts 1964, 1st Ex. Sess., No. 21, p. 42, §2; §17-20-2.)
In all elections for representatives in Congress, the canvassing board of each county must, within five days after making the statement of the county vote by precincts, return the result of the same to the Secretary of State.
(Code 1876, §343; Code 1886, §436; Code 1896, §1654; Code 1907, §447; Code 1923, §537; Code 1940, T. 17, §223; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §6; §17-20-3.)
Within 22 days after the time for making the returns, the Governor, in the presence of the Secretary of State and Attorney General, or either of them in the absence of the other, must estimate the returns, ascertain which candidates are elected and notify them by proclamation.
(Code 1876, §344; Code 1886, §437; Code 1896, §1655; Code 1907, §448; Code 1923, §538; Code 1940, T. 17, §224; Act 2003-313, p. 733, §2; §17-20-4.)
Special elections are to be held in the following cases:
(1) When a vacancy occurs in the office of senator or representative in the Legislature, when the Legislature will be in session prior to the next general election for that office.
(2) When a vacancy occurs in the office of representative in the Congress of the United States, by which the state may be deprived of its full representation at any time Congress will be in session prior to the next general election for that office.
(3) Whenever any general or special election for members of the Legislature or for representatives in Congress is not held.
(4) When any vacancy occurs in any state or county office filled by election of the people not otherwise provided for by the Constitution of Alabama of 1901, or laws of this state.
(5) In such other cases as are or may be provided for by law.
(Code 1876, §249; Code 1886, §359; Code 1896, §1598; Code 1907, §439; Code 1923, §529; Code 1940, T. 17, §215; §17-18-1; amended and renumbered by Act 2006-570, p. 1331, §76.)
All special elections shall be held on such day as the Governor may direct.
(Code 1876, §250; Code 1886, §360; Code 1896, §1599; Code 1907, §440; Code 1923, §530; Code 1940, T. 17, §217; §17-18-2; amended and renumbered by Act 2006-570, p. 1331, §76.)
All special elections provided for by this chapter are to be ordered by the Governor, who must issue writs of election, directed to the judge of probate of the counties in which such election is required to be held and must specify therein the district or county in which, and the day on which, such election is to be held; the cause and object of the same; the name of the person in whose office the vacancy has occurred and, in all cases in which a special election is directed in a district composed of more than one county, such election must be directed to be held on the same day in each county.
(Code 1852, §191; Code 1867, §233; Code 1876, §266; Code 1886, §361; Code 1896, §1600; Code 1907, §441; Code 1923, §531; Code 1940, T. 17, §217; §17-18-3; amended and renumbered by Act 2006-570, p. 1331, §76.)
The Governor must give notice of any special election for representatives in Congress, or state officers, by proclamation.
(Code 1876, §267; Code 1886, §362; Code 1896, §1601; Code 1907, §442; Code 1923, §532; Code 1940, T. 17, §218; §17-18-4; amended and renumbered by Act 2006-570, p. 1331, §76.)
Whenever the judge of probate of any county receives a writ of election directing a special election to be held or receives notice of a special election for representatives in Congress or for any state or county officers, such judge of probate must immediately give notice by proclamation of the time, place, and object of such election as provided by law.
(Code 1876, §§268, 4279; Code 1886, §§363, 4178; Code 1896, §§1602, 4685; Code 1907, §§443, 6782; Code 1923, §§533, 3900; Code 1940, T. 17, §§219, 296; §17-18-5; amended and renumbered by Act 2006-570, p. 1331, §76.)
When any special election is ordered by the Governor, the judge of probate of the counties in which such election is to be held must, within three days after receiving notice thereof, notify the sheriff and clerk of the circuit court of their respective counties of such special election.
(Code 1876, §§269, 4281; Code 1886, §§364, 4180; Code 1896, §§1603, 4687; Code 1907, §§444, 6784; Code 1923, §§534, 3902; Code 1940, T. 17, §§220, 298; §17-18-6; amended and renumbered by Act 2006-570, p. 1331, §76.)
Special elections are to be held and conducted, the returns thereof made and certificates given, and, unless otherwise expressly provided, regulated in all respects by the provisions in relation to general elections.
(Code 1876, §270; Code 1886, §365; Code 1896, §1604; Code 1907, §445; Code 1923, §535; Code 1940, T. 17, §221; §17-18-7; amended and renumbered by Act 2006-570, p. 1331, §76.)
(a) The voted ballot containers and records of election containers shall remain sealed for the time provided by law for the filing of contests and then shall have the seal broken only on the order of that body which, under the general provisions of law, now has charge of and control over voted ballot containers and records of election containers in that county, municipality, or other political subdivision. If, in the opinion of such body, a contest has developed or is likely to develop, the containers shall remain sealed until such time as ordered opened by the court hearing the contest, or until a final determination of the contest. On the order of any court of competent jurisdiction or on the order of any legislative body or governing body having jurisdiction over such election, the seal may be broken for the purpose of proper investigation and when such investigation is completed, the voted ballot containers and records of election containers shall again be sealed and across the containers shall be written the signature of the person or persons having broken the seal. The inspector shall securely seal all records taken from an electronic voting machine in an envelope or container and on the outside thereof label the envelope or container in such manner as to indicate plainly the electronic voting machine from which they were removed and the month, day, and the year of the election of which they are records. Each election official shall certify to the accuracy of the record and shall sign the envelope or container across the seal. This certificate and all other records removed from the electronic voting machines shall be delivered to the sheriff after an election and preserved by the sheriff for the appropriate length of time and then destroyed.
(b) In addition to the custodian now authorized by law, a county commission may employ electronic voting specialists to serve as trouble shooters during elections. These persons are to be trained in the operation of electronic voting equipment and in these procedures. Specialists may be sent to assist in any precinct when accompanied by the sheriff or sheriff’s deputy, but they shall not assume the title or authority of the regular poll workers assigned to a precinct.
(Acts 1939, No. 292, p. 443; Code 1940, T. 17, §114; Acts 1956, 1st Ex. Sess., No. 143, p. 207; §17-9-35; amended and renumbered by Act 2006-570, p. 1331, §78.)
(a) As used in this chapter, the term “expenses” shall include the following items and any other items approved as reimbursable expenses by the Election Expense Reimbursement Committee pursuant to Section 17-16-2.1:
(1) The compensation and mileage provided by law for election officials.
(2) The compensation provided by law for the clerk or other official acting as absentee election manager.
(3) The cost of necessary training and associated travel expenses as approved by the county commission for any individual appointed as the absentee election manager pursuant to Section 17-11-2.
(4) The costs of ballots, supplies, and other materials or equipment necessary for election officials to conduct elections as required by law and as certified by the judge of probate as chief election official of the county.
(5) The costs incurred by the county commission in using electronic poll books pursuant to Section 17-4-2.1, including essential support equipment, software updates, populating the electronic poll books prior to each election, maintenance of the electronic poll books, and any other expenses necessary to comply with rules adopted by the Secretary of State pursuant to Section 17-4-2.1.
(6) The costs incurred by the county commission in using electronic voting machines, including, but not limited to, the transport of electronic voting machines, essential support equipment, software updates, maintenance of the electronic voting machines, and storage of electronic voting machines in non-governmental facilities.
(7) The costs incurred by the county commission for rental payments to a facility used as a polling place.
(8) The costs of absentee ballots, supplies, postage, and other materials required by law to be furnished to the absentee election manager.
(9) The cost of preparing and furnishing the lists of qualified electors to the election officials as required by law.
(10) The cost of publishing any notice or other item related to any election and required by law, including, but not limited to, the publication of notice of any election and any voter lists.
(b) Requests for reimbursement shall be submitted to the Comptroller within 90 days following the date of the election in which the expenses were incurred.
(c) This section shall apply to each primary and general election beginning with the election on November 5, 2024.
(Acts 1955, No. 160, p. 406, §1; §17-21-1; amended and renumbered by Act 2006-570, p. 1331, §78; Act 2011-147, p. 276, §1; Act 2024-92, §1.)
(a) There is hereby established an Election Expense Reimbursement Committee designated to identify any election costs not included in Section 17-16-2, which costs shall be included as a reimbursable election expense under this chapter. The committee shall consist of the following:
(1) The President Pro Tempore of the Alabama Senate.
(2) The Speaker of the Alabama House of Representatives.
(3) The Secretary of State or his or her designee.
(4) The Director of Finance or his or her designee.
(5) The Chair of the Senate Constitution, Campaign Finance, Ethics and Election Committee or its successor committee.
(6) The Chair of the House Constitution, Campaign and Elections Committee or its successor committee.
(7) The Chair of the Senate Finance and Taxation General Fund Committee or its successor committee.
(8) The Chair of the House Ways and Means General Fund Committee or its successor committee.
(b) The committee shall meet not less than 90 days prior to the 2012 state primary to develop and approve the list of reimbursable expenses for the upcoming election cycle. After the list has been approved by the committee, it shall be forwarded to the Comptroller’s office. The Comptroller shall distribute the list to the chair of each county commission and each probate judge in the state no later than 60 days prior to the date of the primary. The list of approved expenses shall apply in all elections and remain in effect until and unless amended by the committee at least 90 days prior to the primary in a subsequent election cycle.
(Act 2011-147, p. 276, §2.)
Except as provided in Section 17-8-12, the State of Alabama shall reimburse a county for one half of all sums expended by the county in payment of expenses incurred in holding and conducting an election in which candidates for both federal or state and county offices are nominated or both federal or state and county officials are elected.
(Acts 1955, No. 160, p. 406, §2; Act 2000-671, p. 1338, §1; §17-21-2; amended and renumbered by Act 2006-570, p. 1331, §78.)
The State of Alabama shall reimburse a county for all sums expended by the county in payment of expenses as provided for in Sections 17-16-2 and 17-16-2.1 and incurred in holding and conducting an election in which only candidates for federal or state offices are nominated or federal or state officials are elected. For the purposes of this section, a candidate for federal or state office includes a candidate seeking election as a district representative for a federal or state office appearing on the ballot in any portion of a county.
(Acts 1955, No. 160, p. 406, §3; §17-21-3; amended and renumbered by Act 2006-570, p. 1331, §78; Act 2011-147, p. 276, §1.)
Except as provided in Section 17-8-12, the State of Alabama shall reimburse a county for one half of all sums expended by the county in payment of expenses incurred in holding and conducting an election at which both amendments to the Constitution of Alabama of 1901 affecting one or more counties or subdivisions thereof and amendments affecting the State of Alabama as a whole are voted upon.
(Acts 1955, No. 160, p. 406, § 4; Act 2000-671, p. 1338, §1; §17-21-4; amended and renumbered by Act 2006-570, p. 1331, §78.)
The State of Alabama shall reimburse a county for all sums expended by the county in payment of expenses incurred in holding and conducting an election at which only amendments to the Constitution of Alabama of 1901 affecting the State of Alabama as a whole are voted upon.
(Acts 1955, No. 160, p. 406, §5; §17-21-5; amended and renumbered by Act 2006-570, p. 1331, §78.)
There is hereby appropriated of any funds in the State Treasury not otherwise appropriated such sum or sums as may be necessary to carry out the provisions of Sections 17-16-2 through 17-16-6.
(Acts 1955, No. 160, p. 406, §6; §17-21-6; amended and renumbered by Act 2006-570, p. 1331, §78.)
(a) When, in a general election, the election returns for any public office, including a judicial office, reflect that a candidate is defeated or any ballot statewide measure is defeated by not more than one half of one percent of the votes cast for the office, or the ballot measure, as certified by the appropriate election officer, a recount shall be held unless the defeated candidate submits a written waiver for the recount as provided herein:
(1) In the case of an election for any federal, state, circuit, or district office, or the state Senate, state House of Representatives, or any other office that is not a county office, a written waiver for a recount may be submitted to the Secretary of State within 24 hours after the certification of the results of the election. Upon receipt of the waiver, the Secretary of State shall immediately order the recount to be cancelled.
(2) In the case of an election for any county office, a written waiver for a recount may be submitted to the judge of probate within 24 hours after the certification of the results of the election. Upon receipt of the waiver, the judge of probate shall immediately order the recount to be cancelled.
(b) Any recount held pursuant to subsection (a) shall be commenced within 72 hours after certification of the results of a county election by the county canvassing board and within 72 hours after certification of the results of a state election by the state canvassing board.
(c) The canvassing board shall obtain the polling officials necessary to conduct the recount as required by this section to perform a recount of the vote. The polling officials shall be compensated in the same manner and at the same rate as provided by law for vote tabulation activities in an election that does not result in a recount.
(d) The expenses of a recount conducted pursuant to subsection (a) shall be a state charge if the recount is held for an election for a federal, state, circuit, or district office, or the state Senate, state House of Representatives, or any other office that is not a county office. The expenses of a recount conducted pursuant to subsection (a) shall be a county charge if the recount is held for an election for county office.
(e) If a recount is conducted pursuant to subsection (a), the appropriate canvassing board or authority shall amend the initial certification of the election to reflect the results of the recount. The results of the recount shall be posted as the initial count and transmitted to the Secretary of State within 24 hours.
(f) If a recount is conducted pursuant to subsection (a), the time limit for contesting the election shall be suspended until the vote is recertified, reflecting the results of the recount.
(g) Costs shall be kept to a minimum by using county personnel or volunteer workers whenever possible. The recount shall be conducted under the supervision of a trained and certified poll official. Representatives of opposing interests shall be given at least 24 hours’ notice and shall be invited to participate in the recount.
(h) The recount shall be conducted as simply as the type of equipment and local conditions permit provided that the following minimum safeguards are observed. The voted ballot container or envelope holding the ballots shall be delivered unopened, and still sealed in the original container, to the inspector in charge of the recount. A representative of the authority having custody of the ballots shall be present during the recount. The recount shall consist of reading the ballots through the counter. Any ballot that was counted in the original election, but is rejected by the counter in the recount, shall be counted by hand. Representatives of opposing interests may participate in the hand recount, and any unresolved disputes over the interpretation of the intent of the voter may be appealed to the canvassing board.
(i) When the recount has been completed, the ballots shall be returned to their container along with a printout of the recount results. The ballot container shall be sealed and signed by the inspector conducting the recount and by the representative of the authority having custody of the ballots.
(j) If the results of a recount conducted under subsection (a) name as a winner a person other than the person initially certified, the outcome shall constitute grounds for an election contest as now prescribed by law.
(Act 2003-339, p. 846, §1; §17-13-12; amended and renumbered by Act 2006-570, p. 1331, §80.)
(a) Any person with standing to contest the election under Sections 17-16-40 and 17-16-47 may petition the canvassing authority for a recount of any or all precinct returns. The time period for requesting a recount begins with the production of the certificate of result and ends 48 hours after the official canvass of county returns. The canvassing authority is the canvassing board in general elections and the county executive committee in a party primary. The petitioner must be prepared to pay the cost of the recount and shall give security to cover these costs. The canvassing authority shall set the amount of the security based upon an estimate of actual costs. The costs shall be kept to a minimum by using county personnel or volunteer workers whenever possible. However, the recount must be conducted under the supervision of a trained and certified precinct election official. Representatives of opposing interests shall be given at least 24 hours’ notice and shall be invited to participate in the recount.
(b) The recount should be conducted as simply as the type of equipment and local conditions permit provided that the following minimum safeguards are observed. The container or envelope holding the ballots shall be delivered unopened to the inspector in charge of the recount. The sheriff or sheriff’s representative shall be present during the recount. The electronic voting machine shall be retested before the recount. The recount shall consist of reading the ballots through the counter. Any ballot that was counted in the original election but is rejected by the counter in the recount shall be counted by hand. Representatives of opposing interests have the right to participate in the hand count, and any unresolved disputes over the interpretation of the voter’s intent may be appealed to the canvassing authority.
(c) When the recount has been completed, the ballots shall be returned to their container along with a printout of the recount results. The ballot container shall be sealed and signed by the inspector conducting the recount and the sheriff or sheriff’s representative.
(d) If the recount produces a change in precinct totals of sufficient magnitude to alter the result of the election, the outcome shall constitute grounds for an election contest as now prescribed by law. If the recount of the resulting contest alters the result of the election, the cost of the recount shall be borne by the county.
(Act 2006-570, p. 1331, §81.)
The election of any person declared elected to the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, Public Service Commissioner, senator or representative in the Legislature, justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court or district court, or any office which is filled by the vote of a single county, or to the office of constable may be contested by any person who was at the time of either of the elections a qualified elector for any of the following causes:
(1) Malconduct, fraud, or corruption on the part of any inspector, clerk, returning officer, canvassing board, or other person.
(2) When the person whose election to office is contested was not eligible thereto at the time of such election.
(3) On account of illegal votes.
(4) On account of the rejection of legal votes.
(5) Offers to bribe, bribery, intimidation, or other malconduct calculated to prevent a fair, free, and full exercise of the elective franchise.
(6) The results of a recount conducted under Section 17-16-20 name as a winner a person other than the person initially certified.
(Code 1896, §1667; Code 1907, §455; Code 1923, §545; Code 1940, T. 17, §231; §17-15-1; amended and renumbered by Act 2006-570, p. 1331, §83.)
No malconduct, fraud, or corruption on the part of the inspector, clerk, returning officer, canvassing board, or other person, nor any offers to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full exercise of the elective franchise can annul or set aside any election unless thereby the person declared elected and whose election is contested is shown not to have received the highest number of legal votes, nor may any election contested under the provisions of this title be annulled or set aside because of illegal votes given to the person whose election is contested, unless it appears that the number of illegal votes given to such person, if taken from him or her, would reduce the number of votes given to him or her below the number of legal votes given to some other person for the same office. No election shall be annulled or set aside because of the rejection of legal votes unless it appears that such legal votes, if given to the person intended, would increase the number of the person’s legal votes to or above the number of legal votes received by any other person for the same office.
(Code 1896, §1668; Code 1907, §456; Code 1923, §546; Code 1940, T. 17, §232; §17-15-2; amended and renumbered by Act 2006-570, p. 1331, §83.)
Any person examined as a witness may be required to answer if he or she voted at the election contested and to answer touching his or her qualifications; and if he or she was not at such election a qualified voter, he or she may be required to answer for whom he or she voted. If he or she makes full, true answers which may tend to incriminate him or her, he or she shall not be prosecuted for voting at such election.
(Code 1896, §1669; Code 1907, §457; Code 1923, §547; Code 1940, T. 17, §233; §17-15-3; amended and renumbered by Act 2006-570, p. 1331, §83.)
It shall be the duty of the judge of probate of any county, upon the application of either party to any contest, or his or her agent or attorney, to deliver to the party, his or her agent or attorney, a certified copy of the registration lists and poll lists (one or both) of his or her county, or of any election precinct therein, upon the payment of his or her fees for certifying and copying the same at the rate of one dollar ($1) per page in making such copy; and such copies, duly certified, shall be received as presumptive evidence of the facts therein stated; the registration lists that the persons therein named were duly registered, and the poll lists that the persons therein named voted at the election and precinct therein named.
(Code 1896, §1670; Code 1907, §458; Code 1923, §548; Code 1940, T. 17, §234; §17-15-4; amended and renumbered by Act 2006-570, p. 1331, §83.)
No jurisdiction exists in or shall be exercised by any judge or court to entertain any proceeding for ascertaining the legality, conduct, or results of any election, except so far as authority to do so shall be specially and specifically enumerated and set down by statute; and any injunction, process, or order from any judge or court, whereby the results of any election are sought to be inquired into, questioned, or affected, or whereby any certificate of election is sought to be inquired into or questioned, save as may be specially and specifically enumerated and set down by statute, shall be null and void and shall not be enforced by any officer or obeyed by any person. If any judge or other officer hereafter undertakes to fine or in any wise deal with any person for disobeying any such prohibited injunction, process, or order, such attempt shall be null and void, and an appeal shall lie forthwith therefrom to the Supreme Court then sitting, or next to sit, without bond, and such proceedings shall be suspended by force of such appeal; and the notice to be given of such appeal shall be 14 days.
(Code 1876, §314; Code 1886, §407; Code 1896, §1671; Code 1907, §459; Code 1923, §549; Code 1940, T. 17, §235; §17-15-6; amended and renumbered by Act 2006-570, p. 1331, §83.)
In all election contests other than political party primaries or runoffs, any person or candidate involved in the contest is entitled to make an examination of the ballots cast, given, or rejected in the election, to make an examination of the voting equipment used in the election, and to make an examination of voting machine computations or printouts.
(Acts 1989, No. 89-877, p. 1757, §1; §17-8-45; amended and renumbered by Act 2006-570, p. 1331, §83.)
In all election contests involving elections other than party primaries or runoffs:
(1) The examining person or candidate seeking to examine the ballots, electronic voting machines, or electronic voting machine computations or printouts must move, within 10 days of the filing of the contest, the court before whom the election contest is pending for an examination. The court shall set a hearing on the motion for examination which must take place within 10 days after service of the motion on the parties and candidates involved in the election contest. The hearing shall be held to determine the procedures to be used for the examination and the court shall, within five days after the hearing, set forth the procedures for the examination. Absent a subsequent court order extending the time for reasonable cause shown, the examination must be finished within 15 days of the court order which sets forth the examination procedures.
(2) Examination procedures shall be within the discretion of the court. The court shall consider, in determining appropriate procedures, the need to preserve the integrity of the ballots, electronic voting machines, and electronic voting machine computations and printouts; the need to ensure that votes were accurately cast and counted; the need to ensure that all persons and candidates involved in the election have the opportunity to observe the examination and ensure that an examination does not wrongfully alter the election results; the need to expeditiously conclude the election contest; and any other factor which is relevant to the integrity of the election process. The court must, when so requested by any party or candidate involved in the contest, allow such party or candidate, and his or her agents, to observe all of the examination proceedings.
(3) The court shall require the examining party or candidate to make a deposit with the court or post a bond in a sum adequate to ensure prompt payment of all reasonable, necessary, and actual expenses incurred by any governmental entity during and as a result of the examination. If the examining person or candidate prevails in the election contest as a result of information obtained from the examination of the ballots, electronic voting machines, or electronic voting machine computations or printouts, he or she shall not be responsible for any expenses or costs incurred by any governmental entity during and as a result of the examination.
(Acts 1989, No. 89-877, p. 1757, §2; Code 1975 §17-8-46; §17-15-7; amended and renumbered by Act 2006-570, p. 1331, §83.)
When any elector chooses to contest the election of any person declared to be elected to the office of senator or representative in the Legislature, judge of the circuit court or district court, any office which is filled by the vote of a single county, or constable, he or she must make a statement in writing setting forth specifically:
(1) The name of the party contesting and that he or she was a qualified voter when the election was held.
(2) The office which the election was held to fill and the time of holding the same.
(3) The particular grounds of the contest.
This statement must be verified by the affidavit of such contesting party to the effect that the same is believed to be true. If the reception of illegal votes is alleged as a cause of contest, it is a sufficient statement of cause to allege that illegal votes were given to the person whose election is contested, which, if taken from that person, will reduce the number of legal votes given to the person to or below the number of legal votes given to some other person for the same office.
(Code 1896, §1686; Code 1907, §460; Code 1923, §550; Code 1940, T. 17, §236; §17-15-20; amended and renumbered by Act 2006-570, p. 1331, §83.)
No testimony must be received of any illegal votes or of the rejection of any legal votes in any contested election commenced under the provisions of this article unless the party complaining thereof has given to the adverse party notice in writing of the number of illegal votes and by whom given and for whom given, and at what precinct or voting place cast, or the number of legal votes rejected, and by whom offered, and at what precinct or voting place cast, which the party expects to prove on the trial. Such notice must be served personally or left at the residence or usual place of business of the adverse party at least 10 days before the taking of testimony in reference to such votes.
(Code 1896, §1687; Code 1907, §461; Code 1923, §551; Code 1940, T. 17, §237; §17-15-21; amended and renumbered by Act 2006-570, p. 1331, §83.)
All contests of elections provided for in this article must be commenced within 20 days after the result of the election is declared, except as in this article otherwise provided; and at the time of commencing such contest and the filing of the statement in writing, the party contesting must give security for the cost of such contest, to be filed and approved as provided in this article.
(Code 1896, §1688; Code 1907, §462; Code 1923, §552; Code 1940, T. 17, §238; §17-15-22; amended and renumbered by Act 2006-570, p. 1331, §83.)
If the contest is of the election of a senator or representative in the Legislature, the elector contesting must file in the office of the clerk of the circuit court of any county of the senatorial district, if such contest is of the election of a senator, or in the office of the clerk of the circuit court of the county in which the election was held, if the contest is of the election of a representative in the Legislature, a statement in writing of the grounds of contest, as provided in this article, and must give good and sufficient security for the costs of such contest, to be taken and approved by the clerk. The person whose election is contested must have 10 days’ notice of the statement in writing before the taking of testimony. Notice shall be served by service of a certified copy of such statement by the sheriff or a constable of the county, and such sheriff or constable must endorse on the original the fact of such service and such endorsement is presumptive evidence of the fact.
(Code 1896, §1689; Code 1907, §463; Code 1923, §553; Code 1940, T. 17, §239; §17-15-23; amended and renumbered by Act 2006-570, p. 1331, §83.)
The testimony in the case of a contest provided for in Section 17-16-50 must be taken by deposition under commission issued by the clerk of the court where the statement of contest is filed, which commission must issue upon the party applying for the same making and filing an affidavit stating the name of the witnesses, the place of residence of such witnesses, and that the testimony sought and expected is material. The depositions must be taken on interrogatories filed in the office of the clerk after making and filing the affidavit and of the interrogatories and affidavit and the names and residence of the commissioner or commissioners proposed to be appointed, 10 days’ notice must be given the adverse party by service on him or her personally or by leaving at his or her usual place of residence or business a copy of the interrogatories and affidavit, to which must be appended notice of the name and residence of the commissioner proposed to be appointed. Such service must be made by the sheriff or a constable of the county, and within 10 days thereafter such adverse party may file cross-interrogatories, to which the party filing the interrogatories may file rebutting interrogatories, and thereafter commission may issue. The commissioner must give each party five days’ notice in writing of the time and place of taking the depositions, which notice may be served by the sheriff or a constable of the county. If the witnesses reside or are to be examined within the county, the adverse party is entitled to demand that they be examined orally, separate and apart from each other, on giving notice within the 10 days allowed to file cross-interrogatories that such examination is required; and if such notice be given, the commission issued must not be accompanied by the interrogatories filed, and must authorize and direct the commissioner to examine the witnesses orally, separate and apart from each other, after giving each party five days’ notice of the time and place of the examination. In the execution of all commissions to take testimony under this section, the commissioner must conform to and observe the requirements of the statutes and rules concerning the taking of depositions in civil actions and has and may exercise all the power and authority by the statute conferred on commissioners; and against defaulting witnesses all such proceedings may be had and taken as are authorized by the statutes and rules.
(Code 1896, §1690; Code 1907, §464; Code 1923, §554; Code 1940, T. 17, §240; §17-15-24; amended and renumbered by Act 2006-570, p. 1331, §83.)
The commissioner must carefully envelop the depositions taken, with the commission attached, writing his or her name across the sealing of the envelope and endorsing thereon the names of the witnesses and the title and subject matter of the contest, and direct the envelope to the clerk issuing the commission, and must, within five days after taking the deposition, file the same with the clerk, or transmit the same by mail through the nearest post office. The clerk, within five days after the taking of testimony has been finished and the depositions received in his or her office, must make and certify under the seal of the court a true and correct copy of the statement of the grounds of contest and of return of service thereon, and must enclose the same with the depositions so taken and filed in his or her office, and must securely envelop the same, endorsing thereon the title and subject matter of the contest, and direct the package to the presiding officer of that branch of the Legislature before which the contest is to be tried, at the seat of government and deposit the same, postage paid, in the nearest post office.
(Code 1896, §1691; Code 1907, §465; Code 1923, §555; Code 1940, T. 17, §241; §17-15-25; amended and renumbered by Act 2006-570, p. 1331, §83.)
The package mailed by the clerk must be opened by the presiding officer and presented to the house over which he or she presides for such action as such house may deem proper. On the determination of the contest, the Secretary of the Senate or the Clerk of the House, as the case may be, must certify the result thereof to the clerk of the court in which the statement of contest was filed. The certificate must be filed in the office of the clerk and shall have the force and effect of a judgment against the unsuccessful party for the costs of the contest. And the clerk having taxed the costs, allowing the fees and costs allowed for similar services in civil cases at law, must issue execution for the amount thereof in the name of the successful party. If the party contesting the election is the unsuccessful party, the unsuccessful party sureties must pay the costs of the contest.
(Code 1896, §1692; Code 1907, §466; Code 1923, §556; Code 1940, T. 17, §242; §17-15-26; amended and renumbered by Act 2006-570, p. 1331, §83.)
If the contest is of an election to the office of judge of the circuit court or of the district court, the party contesting must file in the office of the judge of probate of the county of the residence of the person declared elected, a statement in writing of the grounds of contest, verified by affidavit, as prescribed in this article, and must give good and sufficient security for the costs of the contest, to be approved by the judge of probate. On the filing of the statement and the giving of the security, the judge of probate must endorse thereon an order appointing a day for the trial of the contest, not less than 30 nor more than 50 days from the day of the reception of the certified statement and fixing the place of trial, which must be at some place in the circuit or district in which the election was held, and where a circuit or district court is required to be held, and must issue a summons directed to the person whose election is contested, accompanied with a certified copy of the statement requiring the person to appear within 10 days after the service of the summons and make answer to the statement, which summons shall be served by the sheriff or a constable at least 20 days before the day appointed for the trial. The testimony must be taken by deposition, as is prescribed in Section 17-16-55.
(Code 1896, §1695; Code 1907, §469; Code 1923, §557; Code 1940, T. 17, §243; §17-15-27; amended and renumbered by Act 2006-570, p. 1331, §83.)
The testimony on the contest must be taken by deposition as in civil cases at common law, but no affidavit, other than that of the materiality of the testimony of the witnesses proposed to be examined, shall be required. Either party may, on giving five days’ notice, require the examination before the commissioner to be oral and that the witnesses be examined separate and apart from each other. The party against whom the depositions are to be taken must have at least five days’ notice of the time and place of taking such depositions and of the name and residence of the commissioner or commissioners proposed. The contest must be heard and determined by the court without the intervention of a jury.
(Code 1896, §1694; Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244; §17-15-28; amended and renumbered by Act 2006-570, p. 1331, §83.)
If the contest is of an election to the office of judge of the probate court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court, or any other office filled by the vote of a single county or any subdivision thereof, or any office of a city or town not in this article otherwise provided for, the party contesting must file in the office of the clerk of the circuit court of the county in which the election was held, a statement in writing, verified by affidavit, of the grounds of the contest as provided in this article and must give good and sufficient security for the costs of the contest, to be approved by the clerk. On the filing of the statement and the giving of the security, the clerk must enter the contest on the trial docket as a civil action pending in the court for trial, and, after having made such entry, the clerk must issue a summons, accompanied by a copy of the statement directed to the party whose election is contested, requiring the party, within five days after the service of the summons, to appear and make answer to the statement, which summons must be served by the sheriff or by a constable, if the contest is with respect to the office of sheriff. The contest is triable by the court without the intervention of a jury and must be heard and tried in precedence of all other cases, civil or criminal, standing for trial in the court. Either party is entitled to the writ of subpoena to compel the personal attendance of witnesses on the trial of the contest, and against defaulting witnesses such proceedings may be had as against other defaulting witnesses in civil cases pending in the court. Testimony may also be taken by depositions in the case, and in like manner as depositions are taken in other civil cases.
(Code 1896, §1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17, §245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)
For the purpose of hearing and determining any contest instituted under the provisions of Section 17-16-56, the circuit court shall at all times be open.
(Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246; §17-15-30; amended and renumbered by Act 2006-570, p. 1331, §83.)
In all contests of elections before the judge of probate or the circuit court, the judge presiding is authorized to make an examination of the ballots given or rejected in the election so far as the judge may deem it necessary to arrive at a correct judgment, and may make and enforce by attachment all necessary orders to obtain possession of the same, and must make all proper orders necessary for the return of the ballots to the proper custody after same have been examined by him or her.
(Code 1896, §1699; Code 1907, §473; Code 1923, §563; Code 1940, T. 17, §249; §17-15-31; amended and renumbered by Act 2006-570, p. 1331, §83.)
If, on the trial of the contest of any election, either before the judge of probate or the circuit court, it shall appear that any person other than the one whose election is contested, received or would have received, had the ballots intended for the person and illegally rejected been received, the highest number of legal votes, judgment must be given declaring such person duly elected, and such judgment shall have the force and effect of investing the person thereby declared elected, with full right and title to have and to hold the office to which the person is declared elected. If it appears that two or more persons have, or would have had, if the ballots intended for them and illegally rejected had been received, the highest and equal number of votes for such office, judgment must be entered declaring the fact, and such fact must be certified to the officer having authority to fill vacancies in the office the election to which was contested. If the person whose election is contested is found to be ineligible to the office, judgment must be entered declaring the election void and the fact certified to the appointing power. If the party whose election is contested is found to have been duly and legally elected, judgment must be entered declaring the party entitled to have and to hold the office to which the party was so elected.
(Code 1896, §1700; Code 1907, §474; Code 1923, §564; Code 1940, T. 17, §250; §17-15-32; amended and renumbered by Act 2006-570, p. 1331, §83.)
In all contests of elections, such contests are not abated by the death of the party commencing them before final judgment, if any qualified elector appears in court and substitutes as a contestant and gives good and sufficient security for the costs which have accrued or may accrue on the contest. But if no qualified elector appears and proposes to substitute as the party contesting, the contest abates on the death of the contesting party, and judgment must be rendered against the sureties for the costs of the contest, which must be collected by execution in the name of the party whose election was contested. In all cases the person whose election is contested, if the successful party in such contest, is entitled to judgment for the cost thereof against the party contesting and the sureties, for which execution may issue returnable to the court of probate or to the circuit court, as the case may be.
(Code 1896, §1701; Code 1907, §475; Code 1923, §565; Code 1940, T. 17, §251; §17-15-33; amended and renumbered by Act 2006-570, p. 1331, §83.)
In all contested elections before the judge of probate, an appeal lies to the Supreme Court within 14 days after the rendition of the judgment. From the judgment of the circuit court on the contest of an election of a judge of probate or sheriff or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within 14 days after the rendition of the judgment.
(Code 1896, §1702; Code 1907, §476; Code 1923, §566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331, §83.)
On the taking of an appeal as provided in Section 17-16-61, the appellant must give bond and security for the costs thereof to be approved by the judge of probate or clerk of the circuit court, as the appeal may be taken from the judgment of the judge of probate or circuit court, and the appeal bond must be certified with the record to the appellate court, and if judgment is entered confirming the judgment of the judge of probate or of the circuit court, the Supreme Court must render judgment against the appellant and his or her sureties for the costs. An appeal in any and all cases suspends the execution of the judgment or decree of the judge of probate or of the circuit court.
(Code 1896, §1703; Code 1907, §477; Code 1923, §567; Code 1940, T. 17, §253; §17-15-35; amended and renumbered by Act 2006-570, p. 1331, §83.)
When any elector shall choose to contest any election for the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals, the elector, within 10 days after the Speaker of the House of Representatives shall have opened the returns and proclaimed the result of the election for Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals, as provided in this chapter, must file with the Speaker of the House of Representatives a written statement of the grounds of such contest and a bond with good and sufficient sureties payable to the State of Alabama and conditioned for the payment of such costs as may accrue upon such contest in the event such contest shall result in favor of the contestee. Such bond must be in the sum of five thousand dollars ($5,000) and must be subject to the approval of the Speaker of the House, and such bond, when it shall be approved, shall be filed and recorded in the office of the Secretary of State.
Code 1896, §1672; Code 1907, §478; Code 1923, §568; Code 1940, T. 17, §254; §17-15-50; amended and renumbered by Act 2006-570, p. 1331, §83.)
The written statement of the grounds of contest must set forth specifically:
(1) The name of the person contesting and that the person was a qualified voter when the election was held.
(2) The office which the election was held to fill, and the time of holding the same.
(3) The particular grounds of contest.
(4) The name of the counties in which any of the alleged grounds of the contest may have occurred, and shall state with particularity the names of the election precinct in each of such counties in which the grounds of contest may be alleged to have occurred.
(5) The grounds on which the declared voter of each of the named election precincts in each county is contested.
Such statement of the grounds of contest must be sworn to by the elector making the contest before some officer authorized to administer oaths in the State of Alabama, and may be amended from time to time as may be determined by the two houses of the Legislature in joint convention assembled. The Speaker of the House shall cause the Clerk of the House forthwith to serve a copy of the statement on the person who may have been declared to have been elected to the contested office.
(Code 1896, §1673; Code 1907, §479; Code 1923, §569; Code 1940, T. 17, §255; §17-15-51; amended and renumbered by Act 2006-570, p. 1331, §83.)
The two houses of the Legislature, in joint convention assembled, and presided over by the Speaker of the House of Representatives, shall constitute the tribunal for the trial of all contests for the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals and such joint convention shall fix a day for the trial, which may be adjourned from day to day, and from time to time, as may be determined by the joint convention. A majority of the joint convention shall be competent to try all issues involved in the contest and render judgment on all questions arising during the progress of the trial, including a final judgment on the contest. The proceedings of the joint convention, as well as all judgments rendered, shall be entered upon the journals of the Senate and the House of Representatives, and the final judgment of the joint convention upon the contest shall thereupon become effective as a judgment and shall have the force and effect of vesting the title to the office, which may be the subject of contest in the person in whose favor the judgment may be rendered.
(Code 1896, §1674; Code 1907, §480; Code 1923, §570; Code 1940, T. 17, §256; §17-15-52; amended and renumbered by Act 2006-570, p. 1331, §83.)
When any contest shall have been commenced under the provisions of this article for any of the officers mentioned in Section 17-16-65, it shall be the duty of the Legislature, in joint convention, to elect by ballot three senators and five representatives, who shall act as a commission to take the testimony to be submitted on the contest. Every member of the joint convention, at such time, as may be fixed by resolution of the two houses, shall vote for two senators and three representatives as members of the commission, and the three senators and five representatives who receive the highest number of votes shall be declared elected commissioners.
(Code 1896, §1675; Code 1907, §481; Code 1923, §571; Code 1940, T. 17, §257; §17-15-53; amended and renumbered by Act 2006-570, p. 1331, §83.)
The commission provided for in Section 17-16-66 shall sit at such times and places as may be directed by the joint convention, and shall be presided over by a chair of its own selection, and each member of the commission shall receive four dollars ($4) per diem during the time of actual sitting when the Legislature is not in session, and necessary expenses, to be paid by the Comptroller’s warrant drawn upon the Treasurer, when the chair of the commission shall certify the same to the Comptroller.
(Code 1896, §1676; Code 1907, §482; Code 1923, §572; Code 1940, T. 17, §258; §17-15-54; amended and renumbered by Act 2006-570, p. 1331, §83.)
The commission shall take testimony on the part of the contestant, and also on the part of the contestee, and shall have power to send for witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants, under the hand of the chair, to any judge, or clerk of any court of record or such other competent and discreet person as the commission may appoint, to take the deposition of witnesses at such time and place as the warrant shall direct, and the points as to which the testimony is to be taken shall be set forth in such warrant. The evidence taken in the case of a contest of the election of one officer may be used in the contest of the election of any other officer voted for at the same election and contested before the Legislature; provided, that notice that such evidence will be used, or offered, shall be given to the party or parties interested in such other office, so that all parties interested may be present and participate in the taking of such testimony, and provided the party instituting the contest does not object by filing a written objection with the commission.
(Code 1896, §1677; Code 1907, §483; Code 1923, §573; Code 1940, T. 17, §259; §17-15-55; amended and renumbered by Act 2006-570, p. 1331, §83.)
Whenever either party shall apply to the commission to examine witnesses, either before the commission or by warrant issued from the commission, the adverse party shall have five days’ notice of the application and of the time and place of taking such depositions.
(Code 1896, §1678; Code 1907, §484; Code 1923, §574; Code 1940, T. 17, §260; §17-15-56; amended and renumbered by Act 2006-570, p. 1331, §83.)
If any witness, being summoned, fails to attend, or being summoned with a subpoena duces tecum, fails and refuses to produce the paper or document required to be produced by the subpoena, the commission shall have the right and authority to punish the witness for contempt by a fine not exceeding five hundred dollars ($500), or by imprisonment in any county jail in the state for a period not to exceed 30 days, one or both, and in case any witness shall fail to appear or produce any book or document before any judge, clerk of court, or other person having a warrant from the commission, the judge, clerk of court, or other person, must certify the fact to the commission, which may thereupon punish such witness for contempt, as provided in this section.
(Code 1896, §1679; Code 1907, §485; Code 1923, §575; Code 1940, T. 17, §261; §17-15-57; amended and renumbered by Act 2006-570, p. 1331, §83.)
No evidence shall be taken on the part of the contestant unless to sustain some one of the specific allegations of the original or amended statement of grounds of contest. Nor shall any evidence be taken on the part of the contestee except in rebuttal of the specific allegations of the original or amended statement of the grounds of contest. But upon five days’ notice the contestee shall have the right to take evidence of any malconduct, fraud, or corruption on the part of any inspector, clerk, returning officer, canvassing board, or other person; of illegal votes cast for some person other than the contestee; of the rejection of legal votes cast for the contestee; of offers to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full exercise of the elective franchise in any election precinct in the State of Alabama, the election in which is not put in issue by the original or amended statement of the grounds of contest; and when the contestee shall take evidence as herein provided, the contestant shall be permitted to take evidence in rebuttal.
(Code 1896, §1680; Code 1907, §486; Code 1923, §576; Code 1940, T. 17, §262; §17-15-58; amended and renumbered by Act 2006-570, p. 1331, §83.)
Each party shall have the right to be present at the taking of any evidence, in person or by agent or attorney.
(Code 1896, §1681; Code 1907, §487; Code 1923, §577; Code 1940, T. 17, §263; §17-15-59; amended and renumbered by Act 2006-570, p. 1331, §83.)
It shall be the duty of the commission to examine the evidence adduced upon the contest, and shall report its conclusions to the joint convention of the two houses, and all evidence taken under the provisions of this article shall be returned by the commission to the Speaker of the House at such time as the joint convention may direct.
(Code 1896, §1682; Code 1907, §488; Code 1923, §578; Code 1940, T. 17, §264; §17-15-60; amended and renumbered by Act 2006-570, p. 1331, §83.)
The witnesses shall be allowed for their attendance one dollar ($1) a day and three cents ($.03) a mile coming and going by the route most usually traveled, from their place of residence to where such depositions are taken.
(Code 1896, §1683; Code 1907, §489; Code 1923, §579; Code 1940, T. 17, §265; §17-15-61; amended and renumbered by Act 2006-570, p. 1331, §83.)
The sheriffs of Alabama in their respective counties are required to serve subpoenas and such other writs as the commission may have authority to issue, and shall be allowed the same compensation as is now allowed by law for similar services performed at the command of the courts.
(Code 1896, §1684; Code 1907, §490; Code 1923, §580; Code 1940, T. 17, §266; §17-15-62; amended and renumbered by Act 2006-570, p. 1331, §83.)
After the determination of the contest, the Clerk of the House of Representatives must tax the costs accrued and certify the amount of each separate item, the name of the person entitled thereto, and the result of such contest and the names of the sureties on the bond for contest, to the clerk of the circuit court of Montgomery County, and the clerk must thereupon issue execution against the unsuccessful party, which execution must be made returnable in 30 days after its issue; and alias and pluries executions may be issued as often as may be necessary. And if it be certified that the determination of the contest was against the contestant, the execution must issue against the sureties on the bond for the contest as well as against the contestant.
(Code 1896, §1685; Code 1907, §491; Code 1923, §581; Code 1940, T. 17, §267; §17-15-63; amended and renumbered by Act 2006-570, p. 1331, §83.)
(a) This section shall be known and may be cited as the Alabama Voter Confidence Act.
(b) Notwithstanding any other law to the contrary, the Secretary of State may conduct a limited post-election audit of the November 8, 2022, statewide general election, as provided in this subsection.
(1) The post-election audit shall be conducted no earlier than November 30, 2022, and no later than January 31, 2023.
(2) Upon receiving from the county commission and judge of probate a request of a county to be added to a list of applicants, the Secretary of State may select up to three applicants to participate in the audit. To the extent possible, the three counties selected shall reflect the gender, race, and geographical areas of the state. The audit shall be conducted upon only one voting location in the county on only one statewide office selected by the Secretary of State and on one county office in each of the three selected counties.
(3) In the three selected counties, the Secretary of State shall consult with the respective judge of probate and sheriff to select the day to conduct the audit and the county office to be audited.
(4) To begin the audit process, the Secretary of State shall file a petition with the presiding circuit judge for the county stating the specific reason for the petition and include the specific voting location and races to be audited, and shall request a protective order in addition to the relief requested. If the circuit judge grants the petition, the judge shall deliver a written order to the respective judge of probate and sheriff granting them authority to open the appropriate ballot boxes and provide any other necessary election materials in order for the audit to be conducted. The order shall include the name of the voting location and the names of the statewide office and the county office to be audited. If the circuit judge does not grant the petition, the audit shall be considered concluded.
(5) Poll workers shall be appointed to conduct the post-election audit, and appointments shall be made in the same manner as for any other election activity.
(c) All expenses incurred by any county pursuant to this section shall be reimbursed from federal funds made available for use by the Secretary of State. If no federal funds are available, the Secretary of State shall be responsible for all costs associated with the audit.
(d) The judge of probate shall make all results from the post-election audit public by posting the results on the courthouse door at the conclusion of the audit and posting the results on the official website of the Secretary of State.
(e) The Secretary of State shall report all findings of the post-election audit to the Governor and the Legislature within 30 days of completion of the audit.
(Act 2021-446, §1.)
(a) This section shall be known and may be cited as the Alabama Post-Election Audit Act.
(b)(1) Notwithstanding any other law to the contrary, the judge of probate of each county shall order a post-election audit after each countywide and statewide general election of all ballots in one precinct of a countywide or statewide race selected by the canvassing board of each county as further provided in subdivision (2), which appeared on the ballot and which is not subject to a recount. Nothing in this section shall prohibit the judge of probate from ordering the audit of additional precincts and races. The order shall include the name of the precincts and the races to be audited. The order shall authorize the sheriff or other county authority to provide access to the ballot containers along with any other necessary election materials, including electronic data.
(2) The canvassing board of each county, at noon on the second Friday after each county and statewide general election, shall select at least one precinct, excluding absentee and provisional ballots, and at least one county or statewide race to be audited by the judge of probate.
(3) The judge of probate, at noon on the second Friday after any county and statewide general election, shall select the date, time, and place of meeting to conduct the post-election audit and shall appoint an inspector and the appropriate number of other poll workers required to complete the audit in the same manner as for any other election. The judge of probate may use an inspector or any poll worker that was previously appointed to work during the current statewide general election. If the judge of probate appoints any new inspector or poll worker, the notification and publication of these appointments shall be in the same manner as provided in Section 17-8-2. Compensation for poll workers shall be the same as provided in Section 17-8-12.
(4) To begin the audit process, the voted ballot containers subject to the audit shall be delivered, unopened and still sealed in the original containers, to the inspectors in charge of the audit by the custodian of the ballot containers along with any other necessary election materials, including electronic data.
(5) The post-election audit shall commence no earlier than 31 days following the statewide general election or the expiration of the time period for filing an election contest, whichever is less, and shall be completed within 30 days of commencement.
(6) At the conclusion of the audit, the ballots shall be returned to their original containers and sealed. All other documents and materials related to the audit, including, but not limited to, inspector and poll worker oaths, poll watcher oaths, seals and testing materials for any tabulator used in the audit, and copies of orders of the probate court related to the audit, shall be placed in a separate container labeled “Record of Audit.” The inspector and other poll workers shall sign the containers and return the containers to the appropriate authority for storage with other records related to the audited election. The judge of probate shall report the findings to the Secretary of State, who shall make all results from the post-election audit public by posting the results on the official website of the Secretary of State.
(7) The post-election audit report shall include all of the following:
a. A description of any problems or discrepancies encountered.
b. A description of the likely cause of any problems or discrepancies encountered.
c. Recommendations for corrective or remedial actions.
(8) The Secretary of State shall report all findings of the post-election audit to the Governor and the Legislature within 30 days of receipt of the audits.
(9)a. Poll watchers shall attend and observe the post-election audit in the same manner as for any other election, and appointments shall be made in the same manner as any general election.
b. Accredited members of the media shall be permitted to be present and observe the audit being performed.
(10) The judge of probate shall give notice to the public of the date, time, and location of the audit by publication in a newspaper of general circulation in the county or on the county’s official website.
(11) The judge of probate may conduct the post-election audit by manual tally or by use of ballot counters, provided that at least 30 selected ballots are individually, manually examined and compared to the ballot counter result for each selected ballot.
(c) All expenses incurred by any county as a result of the audit shall be reimbursed in full by the Comptroller.
(d) The Secretary of State may adopt rules and prescribe forms to implement this section.
(Act 2026-433, §1.)
An elector must not be arrested during attendance at elections, or while going to or returning therefrom, except for treason, felony, or breach of the peace or for a violation on that day of any of the provisions of the election law. For such breach of the peace the sheriff or the sheriff’s deputy may arrest without process and commit to jail until the offender shall give bond with good and sufficient sureties, to be approved by the sheriff, for appearance at the next session of the circuit court to answer any indictment which may be found against the offender.
(Code 1876, §282; Code 1886, §378; Code 1896, §1634; Code 1907, §298; Code 1923, §369; Code 1940, T. 17, §20; §17-1-6; amended and renumbered by Act 2006-570, p. 1331, §85.)
Any sheriff or deputy who wilfully or corruptly fails to perform any duty imposed by Section 17-9-1 shall be guilty, upon conviction, of a Class C felony, and, upon conviction, the office of such sheriff is thereby vacated.
(Code 1876, §§281, 4282; Code 1886, §§377, 4181; Code 1896, §§1633, 4688; Code 1907, §§412, 6785; Code 1923, §§502, 3903; Code 1940, T. 17, §§2, 299; §17-1-2; amended and renumbered by Act 2006-570, p. 1331, §85.)
Any election official who wilfully and knowingly neglects, fails, or refuses to perform any of the duties prescribed in this title, shall be guilty, upon conviction, of a Class C misdemeanor. No person shall be deemed an election official until the person takes an oath to well and truly discharge the duties of such office, to the best of his or her ability, or until he or she shall have performed some of the duties pertaining to such office. The failure or refusal of any person to accept office or to discharge and perform the duties of such office at any time after appointment thereto and prior to taking the oath of such office shall not be deemed a violation of this section.
(Code 1896, §4683; Code 1907, §6811; Code 1923, §3929; Code 1940, T. 17, §324; §17-1-5; amended and renumbered by Act 2006-570, p. 1331, §85.)
Any person who attempts to use his or her official authority or position for the purpose of influencing the vote or political action of any person shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §86.)
(a) No person in the employment of the State of Alabama, a county, a city, a local school board, or any other governmental agency, whether classified or unclassified, shall use any state, county, city, local school board, or other governmental agency funds, property, or time, for any political activities.
(b)(1) No person in the employment of the State of Alabama, a county, a city, a local school board, or any other governmental agency may arrange by salary deduction or otherwise for any payments to a political action committee or arrange by salary deduction or otherwise for any payments for the dues of any person so employed to a membership organization which uses any portion of the dues for political activity. For purposes of this subsection only, political activity shall be limited to all of the following:
a. Making contributions to or contracting with any entity which engages in any form of political communication, including communications which mention the name of a political candidate.
b. Engaging in or paying for public opinion polling.
c. Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate.
d. Engaging in or paying for any type of political advertising in any medium.
e. Phone calling for any political purpose.
f. Distributing political literature of any type.
g. Providing any type of in-kind help or support to or for a political candidate.
(2) Any organization that requests the State of Alabama, a county, a city, a local school board, or any other governmental agency to arrange by salary deduction or otherwise for the collection of membership dues from persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency shall certify to the appropriate governmental entity that none of the membership dues will be used for political activity. Thereafter, at the conclusion of each calendar year, each organization that has arranged for the collection of its membership dues from persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency shall provide the appropriate governmental entity a detailed breakdown of the expenditure of the membership dues of persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency and collected by the governmental entity. Any organization that fails to provide the required certifications, that reports any expenditures for political activity, or that files false information about political activity in any of its reports shall be permanently barred from arranging for the collection of its membership dues by any governmental entity. The Examiners of Public Accounts shall annually review a sample of at least 10 percent of the certifications filed with each governmental entity and report its findings to the appropriate governmental entity.
(c) Any person who is in the employment of the State of Alabama, a county, a city, a local school board, the State Board of Education or any other governmental agency, shall be on approved leave to engage in political action or the person shall be on personal time before or after work and on holidays. It shall be unlawful for any officer or employee to solicit any type of political campaign contributions from other employees who work for the officer or employee in a subordinate capacity. It shall also be unlawful for any officer or employee to coerce or attempt to coerce any subordinate employee to work in any capacity in any political campaign or cause. Any person who violates this section shall be guilty of the crime of trading in public office and upon conviction thereof, shall be fined or sentenced, or both, as provided by Section 13A-10-63.
(Act 2006-570, p. 1331, §86; Act 2010-761, 1st Sp. Sess., p. 12, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) GOVERNMENTAL BODY. Any department, agency, board, commission, or authority of the state or political subdivision, or any public corporation, authority, agency, board, commission, or other governmental body controlled by the state or political subdivision, including a public institution of higher education, local board of education, or any school under the jurisdiction of a local board of education.
(2) PUBLIC EMPLOYEE. The meaning ascribed in Section 36-25-1.
(3) PUBLIC OFFICIAL. The meaning ascribed in Section 36-25-1.
(b)(1) Any provision of law to the contrary notwithstanding, a public official or public employee may not expend any public funds from any source for activities to advocate in favor of or against a statewide or local ballot measure, even if the public official or public employee has determined that the expenditure serves a public purpose.
(2) For the purposes of this subsection, the activities prohibited are those enumerated in subdivision (b)(1) of Section 17-17-5, including the presentation or distribution of any political literature or the placement of any sign, banner, marker, or other political poster on the property of a governmental body, if the purpose is to advocate in favor of or against a statewide or local ballot measure.
(c) Providing an objective analysis or factual information on a ballot measure which does not advocate a specific position is not a prohibited activity under subsection (b).
(d) Any public official or public employee who votes or takes other official action to expend public funds in violation of subsection (b), as determined by the Department of Examiners of Public Accounts, shall be subject to a demand for repayment in accordance with Section 41-5A-20.
(e) Nothing in this section shall prevent a contribution or dues payment to a trade association of which the public employee is a member.
(f) Nothing in this section shall be interpreted as prohibiting any student, faculty member, or other employee or official of a school or institution of higher education from discussing political topics, including referendums, while on campus.
(g) Nothing in this section shall be interpreted as prohibiting a public official or public employee from promoting or opposing a referendum in his or her capacity as a private citizen and while not engaged in official duties as long as the activities of the public official or public employee do not violate Section 36-25-5.
(h) Nothing in this section shall prohibit a governmental body from informing members of the public about pending elections, promoting citizen participation in the voting process, or encouraging citizens to vote on an election day as part of their civic duty.
(i) Nothing in this section shall prohibit a municipality from expending public funds to hold a referendum election authorized by the municipal governmental body as provided by law nor prohibit municipal officials or employees from advocating in favor of or against the underlying purpose of the referendum.
(j) Nothing in this section shall prevent a local school district or other governmental body from expending local revenue to inform members of the public as to services that would be cut if ad valorem taxes are not passed or renewed.
(Act 2022-428, §1.)
Any member of the board of registrars who neglects or willfully refuses to perform the duties imposed by Section 17-4-3 shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §86.)
Any inspector, clerk, watcher, or chair of an executive committee who compares the number on the poll list with the number of the ballot of any voter for the purpose of ascertaining how any voter voted, except in case of contest, shall be guilty, upon conviction, of a Class C misdemeanor.
(Code 1907, §6821; Code 1923, §3944; Code 1940, T. 17, §398; §17-16-49; amended and renumbered by Act 2006-570, p. 1331, §87.)
Any person who willfully makes a false statement to the board of registrars, or any duly authorized person, in reidentifying himself or herself as a qualified elector in the manner provided in Chapter 4 shall be guilty, upon conviction, of a Class A misdemeanor.
(Acts 1984, No. 84-389, p. 896, §12; §17-4-191; amended and renumbered by Act 2006-570, p. 1331, §87.)
Any person who violates Article 3 of Chapter 4 shall be guilty, upon conviction, of a Class C misdemeanor.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §10; §17-4-256; amended and renumbered by Act 2006-570, p. 1331, §87.)
Any judge of probate who shall fail to certify to the clerk of the circuit court the fact of the candidacy of the judge of probate, the clerk of the circuit court, or the sheriff, thus rendering them ineligible to serve as members of the appointing board of election managers, in the manner and time he or she is required to so certify such fact under the election laws of this state, shall be guilty , upon conviction, of a violation.
Any judge of probate, sheriff, or circuit clerk who shall act as a member of the appointing board of election managers while a candidate for public office, shall be guilty, upon conviction, of a violation
(Code 1907, §§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326; §17-6-3; amended and renumbered by Act 2006-570, p. 1331, §87.)
Any inspector or clerk appointed by the county appointing board who fails to attend an election without a lawful excuse shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
Any election official or watcher who drinks any intoxicating liquor while any election is being held, shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
Any person who suppresses any nomination which has been duly filed pursuant to Section 17-9-3, shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
Any person voting at any county or state election who has not registered and taken and subscribed to the registration oath shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who willfully and intentionally signs on the poll list the name of any person other than himself or herself, including any signing by mark, in violation of Section 17-9-11, shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
Any election officer or any other person who makes a copy of the signed voter poll list or any memoranda therefrom or list of the persons voting, or discloses the number of such voter’s ballot, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who loiters in, around, or about a polling place on election day for the purpose of discouraging qualified electors from entering the voting place, or from voting, or whoever having voted enters or stands in a line or file of voters waiting to vote, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any inspector, clerk, or other person who discloses how any elector voted shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any inspector, helper, or assistant who willfully deceives any elector in preparing his or her ballot shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
Any inspector who willfully fails or refuses to advise any elector, entitled thereto, that he or she is entitled to an assistant, or refuses to let the elector select an assistant as required by law, shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any elector who takes or removes, or attempts to take or remove, any ballot from the polling place before the close of the polls; or any person who interferes with any elector when inside the polling place or when marking the ballot, or unduly influences, or attempts to unduly influence, any elector in the preparation of his or her ballot; or any elector who remains longer than the time allowed by law in the booth or compartment after being notified his or her time has expired, shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
An official who refuses to allow any poll watcher to exercise his or her rights as a watcher, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any election officer or other person, who shall tamper with, injure, or attempt to injure any electronic voting machine to be used or being used in an election, or who shall willfully misuse any such machine, or who shall prevent or attempt to prevent the correct operation of such machine, or any unauthorized person who shall make or have in his or her possession a key to a voting machine to be used or being used in an election, shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
(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 a 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.
(Act 2006-570, p. 1331, §88.)
Any person who shall willfully fail or refuse to perform or discharge any duty required by Chapter 11 shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
Any person who knowingly and willfully prepares or assists in preparing the absentee ballot of a person who is comatose or who otherwise cannot communicate his or her voting preferences for an absentee ballot shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
Except as to provisional absentee ballots that have not been verified by seven days after the election, any election official who fails to count a legal vote cast by absentee ballot shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
Any polling official who knowingly fails to require proper identification to verify the name of the prospective voter on the list of qualified voters at the polling place in violation of this section, or who knowingly allows a person to vote who he or she knows is not the person he or she claims to be shall be guilty, upon conviction, of a Class A misdemeanor for each violation.
Any person who knowingly presents false identification in order to vote at a polling place where he or she otherwise would not be qualified to vote, or who knowingly votes at a polling place where he or she has not been authorized to vote, or who knowingly votes at more than one polling place in the same election on the same day shall be guilty, upon conviction, of a Class C felony.
Any election or polling official acting in the good faith exercise of his or her duties pursuant to this section, and any county officer, agent, or employee of a county acting in the good faith exercise of his or her duties shall not be civilly or criminally liable as a result of acts or omissions in carrying out the duties required by this section. The immunity from liability granted under this section shall be cumulative and is in addition to the line and scope of employment immunity, discretionary function immunity, and any other immunity from liability to which an individual may be entitled.
(Act 2006-570, p. 1331, §88.)
Any person violating any provision of Section 17-12-12 shall be deemed guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any sheriff or constable who fails to give the notices necessary to be served in cases of contested elections, within the time and in the mode prescribed, if practicable for him or her to do so, shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
Any judge of probate who fails to give notice of a special election ordered by the Governor, as required by Section 17-15-5, is guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any judge of probate who fails to notify the sheriff and clerk of the circuit court that any special election is ordered by the Governor, as required by Section 17-15-6, shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
It shall be unlawful for any person to obstruct, intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he or she may choose, or for the purpose of causing such other person to vote for, or not to vote for, any candidate for state or local office or any other proposition at any election. Any person who violates this section shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
It shall be unlawful for any person to pay or offer to pay, or for any person to accept such payment, either to vote or withhold his or her vote, or to vote for or against any candidate. Any person who violates this section shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
[Repealed]
Repealed by Act 2013-311, §3, effective August 1, 2013.
(Act 2006-570, p. 1331, §88.)
(a) It shall be unlawful for an individual to vote in this state more than once at any election held in this state, or to vote in both this state and another state or territory in the same or equivalent election, or to attempt to vote when he or she has knowledge that he or she is not entitled to vote, or to commit any kind of unlawful or fraudulent voting.
(b)(1) Except as provided in subdivision (2), a violation of this section is a Class A misdemeanor.
(2) A second or subsequent violation of this section is a Class C felony.
(Act 2006-570, p. 1331, §88; Act 2021-448, §1.)
Any person who falsely impersonates another and thereby or otherwise fraudulently casts a vote to which he or she is not entitled, or having voted at a municipal election votes a second time at the same election, whether in the same precinct or another, or having once obtained registration in any precinct, shall register a second time, or attempt to obtain a second registration, whether in the same or another name, or whether in the same or another ward, or shall aid or assist another not so entitled, knowing him or her not to be so entitled, to vote or to obtain registration as a voter, shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
Any person who, by bribery or offering to bribe, or by any other corrupt means, attempts to influence any elector in giving his or her vote, deter the elector from giving the same, or disturb or hinder the elector in the free exercise of the right of suffrage, at any election, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who buys or offers to buy any vote of any qualified elector at any election by the payment of money or the promise to pay the same at any future time, or by the gift of intoxicating liquors or other thing of value, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any qualified elector at any election who takes or receives any money or other valuable thing, upon the condition that the same shall be paid at any future time, in exchange for the vote of such elector for any particular candidate, or the promise to vote for any particular candidate, shall be guilty, upon conviction, of a Class C misdemeanor. No witness shall be prosecuted for any offense under this section as to which he or she testified before the grand jury.
(Act 2006-570, p. 1331, §88.)
Any candidate for office in any election, upon conviction of bribing or attempting to influence a voter under Section 17-17-38, shall, in addition to the fine, be declared ineligible for the office to which elected for that term.
(Act 2006-570, p. 1331, §88.)
Any person who fraudulently alters or changes the vote of any elector, by which such elector is prevented from voting as intended, shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who, on election day, disturbs or prevents, or attempts to prevent, any elector from freely casting a ballot shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any employer who attempts by coercion, intimidation, threats to discharge, or to lessen the remuneration of an employee, to influence his or her vote in any election, or who requires or demands an examination or inspection by the employer or another of an employee’s ballot, shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any officer or agent of a corporation, or other person with authority to discharge employees, who shall attempt by coercion, intimidation, threats to discharge, or to lessen the remuneration of any employee, to influence his or her vote in any election, or who requires or demands an examination or inspection by himself or herself or another of any employee’s ballot, shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who knowingly provides false information in order to vote or register to vote in violation of Act 2003-313 shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who, as a condition for standing for nomination to any office in a primary election, shall assess or cause to be assessed a fee by any committee or other governing body of any political party in this state in excess of that allowed by law shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
Any person who assists a voter in preparing his or her ballot to be voted at a primary election, except as authorized under Chapter 13, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any precinct returning officer failing to perform the duties of returning ballots and election supplies to the returning officer of the county shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person or persons who shall hold, attend, or participate in the holding of any meeting for the purpose of nominating a candidate or candidates for public office, to be voted for at any general election in Alabama, or for the purpose of electing delegates or other representatives to any convention which may select such candidates for public office, at any time or place other than as provided for in Chapter 13, or who shall otherwise violate the laws of this state regulating mass meetings or beat meetings, shall be guilty, upon conviction, of a Class C misdemeanor.
This section shall not apply where a special election is called for the election of a public officer for which the party has no candidate or where, by death, resignation, or otherwise, a vacancy has occurred in any nomination made by such party. This shall not apply to municipal elections.
(Act 2006-570, p. 1331, §88.)
Any person found drunk or intoxicated about any polling place during any primary election shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
Any person who makes a false or fraudulent return of the result of any primary election, or who falsely or fraudulently changes the votes, ballots, figures, or results of any election shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who opens any envelope containing the poll list of any voting place, except in case of a contest, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any officer of the state or of any county or municipality whose duty it is by law to prepare and have printed ballots for any election authorized by law to be held, who shall intentionally fail to have printed on the ballots, as required by law or the rules and regulations of the political party holding the election, the names of all persons entitled to be printed thereon and all issues entitled to be printed thereon and entitled to be submitted to a vote, shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person at a primary election who shall mark the ballot of a voter contrary to the voter’s direction or request, or who shall electioneer or attempt to electioneer with a voter or attempt to influence his or her vote by suggestion or otherwise, or who shall afterwards divulge how such elector voted in any race on the ballot, shall be guilty, upon conviction, of a Class A misdemeanor.
(Act 2006-570, p. 1331, §88.)
Any person who violates any provision of Chapter 13 for which a penalty is not otherwise provided shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §88.)
Unless a penalty is otherwise specified, a knowing violation of Chapter 11 is a Class A misdemeanor.
(Act 2024-33, §2.)
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