Ala. Code § 17-14-2 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-2
Section 17-14-2 Holding of General Election
Status: in_force

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; 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 senatorial district; a representative in the Legislature in each 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.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.
Ala. Code § 17-12-4 — Alabama Code / Title 17 / Chapter 12 / Section 17-12-4
Section 17-12-4 Procedures Upon Malfunction of Equipment
Status: in_force

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.
Ala. Code § 17-17-23 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-23
Section 17-17-23 Tampering With, Injuring, Etc., Machines; Misuse; Unauthorized Possession of Keys
Status: in_force

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.
Ala. Code § 17-16-3 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-3
Section 17-16-3 Reimbursing Counties for Election Expenses - Both Federal or State and County Offices
Status: in_force

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.
Ala. Code § 17-9-52 — Alabama Code / Title 17 / Chapter 9 / Section 17-9-52
Section 17-9-52 This Section Was Assigned by the Code Commissioner in the 2022 Regular Session, Effective July 1, 2022. This Is Not in the Current Code Supplement
Status: in_force

(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.
Ala. Code § 17-13-4 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-4
Section 17-13-4 Payment of Compensation of Officers and Other Expenses of Elections
Status: in_force

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.
Ala. Code § 17-4-30 — Alabama Code / Title 17 / Chapter 4 / Section 17-4-30
Section 17-4-30 Periodic Updating of the Statewide Voter Registration Database
Status: in_force

(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.
Ala. Code § 17-11-2 — Alabama Code / Title 17 / Chapter 11 / Section 17-11-2
Section 17-11-2 Absentee Election Manager
Status: in_force

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.
Ala. Code § 17-9-14 — Alabama Code / Title 17 / Chapter 9 / Section 17-9-14
Section 17-9-14 Spoiled Ballot
Status: in_force

(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.
Ala. Code § 17-5-16 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-16
Section 17-5-16 Fraudulent Misrepresentation as Acting for Candidate, Etc., Prohibited; Automated or Pre-recorded Communications
Status: in_force

(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.
Ala. Code § 17-13-47 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-47
Section 17-13-47 Assessments and Other Qualifications for Candidates for Nomination
Status: in_force

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.
Ala. Code § 17-17-12 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-12
Section 17-17-12 Consumption of Intoxicating Liquors During Election
Status: in_force

Any election official or watcher who drinks any intoxicating liquor while any election is being held, shall be guilty, upon conviction, of a violation.
Ala. Code § 17-14-35 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-35
Section 17-14-35 Tie Vote
Status: in_force

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.
Ala. Code § 17-3-4 — Alabama Code / Title 17 / Chapter 3 / Section 17-3-4
Section 17-3-4 Filling of Vacancies
Status: in_force

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.
Ala. Code § 17-9-7 — Alabama Code / Title 17 / Chapter 9 / Section 17-9-7
Section 17-9-7 When Election Officials to Meet, Open Polling Place, Etc
Status: in_force

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.
Ala. Code § 17-13-15 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-15
Section 17-13-15 When Voted Ballots Container and Records of Election Container May Be Opened
Status: in_force

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.
Ala. Code § 17-14-7 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-7
Section 17-14-7 Certification of Vacancies in Judicial Offices
Status: in_force

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.
Ala. Code § 17-17-45 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-45
Section 17-17-45 Coercion of Employee by Officer, Agent, Etc., of Corporation
Status: in_force

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.
Ala. Code § 17-9-12 — Alabama Code / Title 17 / Chapter 9 / Section 17-9-12
Section 17-9-12 Poll List to Be Sealed
Status: in_force

The signed voter poll list shall be sealed in an envelope before the inspectors begin to count the vote and shall not be opened.
Ala. Code § 17-16-69 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-69
Section 17-16-69 Notice to Adverse Party
Status: in_force

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.
Ala. Code § 17-8-8 — Alabama Code / Title 17 / Chapter 8 / Section 17-8-8
Section 17-8-8 Oaths of Election Officials
Status: in_force

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.
Ala. Code § 17-16-2 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-2
Section 17-16-2 Reimbursing Counties for Election Expenses - “Expenses” Defined; Requests for Reimbursement
Status: in_force

(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.
Ala. Code § 17-16-65 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-65
Section 17-16-65 Tried by Joint Convention of House and Senate
Status: in_force

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.
Ala. Code § 17-12-21 — Alabama Code / Title 17 / Chapter 12 / Section 17-12-21
Section 17-12-21 Certificates of Election to Members of Congress and Legislators
Status: in_force

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.
Ala. Code § 17-4-4 — Alabama Code / Title 17 / Chapter 4 / Section 17-4-4
Section 17-4-4 Information of Deaths, Incompetency, and Convictions to Be Furnished to Boards of Registrars; Rulemaking Authority
Status: in_force

(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.
Ala. Code § 17-13-82 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-82
Section 17-13-82 Contest of Nomination to County Office - Appeals from Decisions of County Executive Committee
Status: in_force

(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.
Ala. Code § 17-8-5 — Alabama Code / Title 17 / Chapter 8 / Section 17-8-5
Section 17-8-5 Political Parties Furnish Lists from Which Appointments Are Made
Status: in_force

(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.
Ala. Code § 17-15-5 — Alabama Code / Title 17 / Chapter 15 / Section 17-15-5
Section 17-15-5 Judge of Probate to Give Notice of Elections in County
Status: in_force

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.
Ala. Code § 17-14-30 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-30
Section 17-14-30 Number of Presidential Electors
Status: in_force

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.
Ala. Code § 17-4-35 — Alabama Code / Title 17 / Chapter 4 / Section 17-4-35
Section 17-4-35 Supervisor of Voter Registration
Status: in_force

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.
Ala. Code § 17-8-7 — Alabama Code / Title 17 / Chapter 8 / Section 17-8-7
Section 17-8-7 Poll Watchers
Status: in_force

(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.
Ala. Code § 17-17-36 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-36
Section 17-17-36 Unlawful or Fraudulent Voting
Status: in_force

(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.
Ala. Code § 17-13-85 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-85
Section 17-13-85 Meeting of State Executive Committee
Status: in_force

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.
Ala. Code § 17-16-47 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-47
Section 17-16-47 Statement of Grounds of Contest
Status: in_force

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.
Ala. Code § 17-7-8 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-8
Section 17-7-8 Booths and Place for Holding Election to Be Provided
Status: reserved

THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
Ala. Code § 17-7-28 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-28
Section 17-7-28 Counties Participating in Project May Be Eligible to Receive State Funding
Status: in_force

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.
Ala. Code § 17-13-8.1 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-8.1
Section 17-13-8.1 Instant Runoff Primary Elections in Certain Situations
Status: in_force

(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.
Ala. Code § 17-1-2 — Alabama Code / Title 17 / Chapter 1 / Section 17-1-2
Section 17-1-2 Definitions
Status: in_force

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.
Ala. Code § 17-4-7 — Alabama Code / Title 17 / Chapter 4 / Section 17-4-7
Section 17-4-7 Meeting of Board of Registrars for Voter List Maintenance
Status: in_force

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.
Ala. Code § 17-12-8 — Alabama Code / Title 17 / Chapter 12 / Section 17-12-8
Section 17-12-8 Count of Votes to Be Sealed, Certified, and Delivered to Sheriff; Public Inspection of Results
Status: in_force

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.
Ala. Code § 17-6-46 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-46
Section 17-6-46 Instructional Posters
Status: in_force

(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.
Ala. Code § 17-5-20 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-20
Section 17-5-20 Appointment of Designated Filing Agents; Submission of Reports
Status: in_force

(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.
Ala. Code § 17-6-48.1 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-48.1
Section 17-6-48.1 Permanent Place Names for Each Seat on Supreme Court and Courts of Appeal
Status: in_force

(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.
Ala. Code § 17-8-9 — Alabama Code / Title 17 / Chapter 8 / Section 17-8-9
Section 17-8-9 Instruction of Election Officials
Status: in_force

(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.
Ala. Code § 17-17-7 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-7
Section 17-17-7 Officers Not to Compare Poll List with Ballot
Status: in_force

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.
Ala. Code § 17-15-4 — Alabama Code / Title 17 / Chapter 15 / Section 17-15-4
Section 17-15-4 Proclamation of Election for Congress or State Officers
Status: in_force

The Governor must give notice of any special election for representatives in Congress, or state officers, by proclamation.
Ala. Code § 17-14-71 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-71
Section 17-14-71 Election of Congressional Representative
Status: in_force

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.
Ala. Code § 17-16-62 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-62
Section 17-16-62 Appeals - Costs
Status: in_force

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.
Ala. Code § 17-7-23 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-23
Section 17-7-23 Examination and Certification of Equipment
Status: in_force

(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.
Ala. Code § 17-13-1 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-1
Section 17-13-1 “Primary Election” Defined
Status: in_force

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.
Ala. Code § 17-13-11 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-11
Section 17-13-11 Watchers at Polls
Status: in_force

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.
Ala. Code § 17-4-2 — Alabama Code / Title 17 / Chapter 4 / Section 17-4-2
Section 17-4-2 State Voter Registration Lists
Status: in_force

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.
Ala. Code § 17-7-16 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-16
Section 17-7-16 Poll List to Be Sealed
Status: in_force

THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-9-12 BY ACT 2006-570.
Ala. Code § 17-6-41 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-41
Section 17-6-41 Ballot for Constitutional Amendment
Status: in_force

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.
Ala. Code § 17-12-24 — Alabama Code / Title 17 / Chapter 12 / Section 17-12-24
Section 17-12-24 Penalty for Failure to Make Returns
Status: in_force

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.
Ala. Code § 17-17-9 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-9
Section 17-17-9 Penalties for Violating the National Registration Act and the Help America Vote Act of 2002
Status: in_force

Any person who violates Article 3 of Chapter 4 shall be guilty, upon conviction, of a Class C misdemeanor.
Ala. Code § 17-16-20 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-20
Section 17-16-20 Recounts Generally
Status: in_force

(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.
Ala. Code § 17-13-75 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-75
Section 17-13-75 Witnesses - Testifying as to Vote
Status: in_force

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.
Ala. Code § 17-5-6 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-6
Section 17-5-6 Checking Account; Expenditures
Status: in_force

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.
Ala. Code § 17-6-28 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-28
Section 17-6-28 Requirements for Write-In Votes
Status: in_force

(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.
Ala. Code § 17-6-43 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-43
Section 17-6-43 Packaging of Ballots; Detachable Stubs
Status: in_force

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.
Ala. Code § 17-5-16.1 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-16.1
Section 17-5-16.1 Distribution of Materially Deceptive Media to Influence an Upcoming Election
Status: in_force

(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.
Ala. Code § 17-6-40 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-40
Section 17-6-40 Procedure to Vote for Person Whose Name Not on Ballot
Status: in_force

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.
Ala. Code § 17-16-66 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-66
Section 17-16-66 Commission Elected to Take Testimony
Status: in_force

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.
Ala. Code § 17-7-29 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-29
Section 17-7-29 Secretary of State May Provide for Orderly Acceptance of Counties Requesting to Participate; Reimbursement
Status: in_force

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.
Ala. Code § 17-6-23 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-23
Section 17-6-23 Uniform Ballots at Each Polling Place; Electors for President and Vice President
Status: in_force

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.
Ala. Code § 17-11-12 — Alabama Code / Title 17 / Chapter 11 / Section 17-11-12
Section 17-11-12 Delivery of Ballots, Envelopes, Etc. to Absentee Election Manager
Status: in_force

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.
Ala. Code § 17-6-32 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-32
Section 17-6-32 Party Emblem - Use When Party Is Divided
Status: in_force

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.
Ala. Code § 17-7-21 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-21
Section 17-7-21 Requirements for Approval of System
Status: in_force

(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.
Ala. Code § 17-13-43 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-43
Section 17-13-43 Selection of Delegates to National Conventions by Political Parties
Status: in_force

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.
Ala. Code § 17-16-54 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-54
Section 17-16-54 Contest of Election of Judge of Circuit or District Court - Procedure Generally
Status: in_force

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.
Ala. Code § 17-13-52 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-52
Section 17-13-52 Certificate of Nomination by Convention, Mass Meeting, Etc
Status: in_force

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.
Ala. Code § 17-3-50 — Alabama Code / Title 17 / Chapter 3 / Section 17-3-50
Section 17-3-50 Registration Deadline
Status: in_force

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.
Ala. Code § 17-5-2 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-2
Section 17-5-2 Definitions
Status: in_force

(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:

1. 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.

2. 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.

3. Any transfer of anything of value received by a political committee from another political committee, political party, or other source.

4. 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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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:

1. Ten days from the date that the check came within the recipient’s control.

2. 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:

1. 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.

2. 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.

3. The transfer, gift, or contribution of funds of a political committee to another political committee.

4. The payment of any qualifying fee or other cost associated with qualifying to run for office.

b. The term “expenditure” does not include:

1. 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.

2. Nonpartisan activity designed to encourage individuals to register to vote, or to vote.

3. 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.

4. 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.

5. 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.

6. Any communication by any person which is not made for the purposes of influencing the result of an election.

7. 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.
Ala. Code § 17-16-40 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-40
Section 17-16-40 Grounds of Contest
Status: in_force

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.
Ala. Code § 17-4-37 — Alabama Code / Title 17 / Chapter 4 / Section 17-4-37
Section 17-4-37 Applicability of Chapter
Status: in_force

All voter registration, voter reidentification, and the purging of voters from the voter roll shall be done pursuant to this chapter.
Ala. Code § 17-11-18 — Alabama Code / Title 17 / Chapter 11 / Section 17-11-18
Section 17-11-18 Time Requirements for Receipt of Absentee Ballots
Status: in_force

(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.
Ala. Code § 17-5-8.1 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-8.1
Section 17-5-8.1 Electronic Reporting; Electronic Searchable Database; Rules
Status: in_force

(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.
Ala. Code § 17-3-33 — Alabama Code / Title 17 / Chapter 3 / Section 17-3-33
Section 17-3-33 Domicile of Persons Located Partly in Multiple Counties, Districts, or Precincts
Status: in_force

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.
Ala. Code § 17-14-72 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-72
Section 17-14-72 Making Returns to Secretary of State
Status: in_force

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.
Ala. Code § 17-4-31 — Alabama Code / Title 17 / Chapter 4 / Section 17-4-31
Section 17-4-31 State to Reimburse County Commissions for Certain Costs
Status: in_force

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.
Ala. Code § 17-14-37 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-37
Section 17-14-37 Compensation of Electors
Status: in_force

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.
Ala. Code § 17-5-7.1 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-7.1
Section 17-5-7.1 Return or Refund of Contributions
Status: in_force

(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.
Ala. Code § 17-17-14 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-14
Section 17-17-14 Voting Without Registration and Oath
Status: in_force

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.
Ala. Code § 17-13-7.1 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-7.1
Section 17-13-7.1 Persons Entitled to Vote in Primary Runoff Elections
Status: in_force

(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.
Ala. Code § 17-9-5 — Alabama Code / Title 17 / Chapter 9 / Section 17-9-5
Section 17-9-5 Notice of Election
Status: in_force

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.
Ala. Code § 17-13-46 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-46
Section 17-13-46 Notice by Governing Body of Political Party of Desire to Enter Primary
Status: in_force

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.
Ala. Code § 17-3-30 — Alabama Code / Title 17 / Chapter 3 / Section 17-3-30
Section 17-3-30 Qualifications of Electors Generally
Status: in_force

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.
Ala. Code § 17-16-57 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-57
Section 17-16-57 Contest of Election of Judge of Probate Court and Other County and Municipal Officers - Court Open at All Times
Status: in_force

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.
Ala. Code § 17-17-57 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-57
Section 17-17-57 Absentee Voting Violations
Status: in_force

Unless a penalty is otherwise specified, a knowing violation of Chapter 11 is a Class A misdemeanor.
Ala. Code § 17-6-20 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-20
Section 17-6-20 Elections Must Be by Official Ballot
Status: in_force

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.
Ala. Code § 17-1-4 — Alabama Code / Title 17 / Chapter 1 / Section 17-1-4
Section 17-1-4 Right of City, County and State Employees to Participate in Political Activities
Status: in_force

(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.
Ala. Code § 17-13-88 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-88
Section 17-13-88 Power of State Committee to Provide Rules of Party Procedure
Status: in_force

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.
Ala. Code § 17-5-19.1 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-19.1
Section 17-5-19.1 Civil Penalties
Status: in_force

(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.
Ala. Code § 17-7-22 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-22
Section 17-7-22 Electronic Voting Committee. (Amended by Act 2026-327)
Status: in_force

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.
Ala. Code § 17-6-42 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-42
Section 17-6-42 Ballots to Be Paid for by Counties and Cities
Status: in_force

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.
Ala. Code § 17-11-10 — Alabama Code / Title 17 / Chapter 11 / Section 17-11-10
Section 17-11-10 Procedure Upon Receipt of Ballot by Absentee Election Manager; Counting of Ballots
Status: in_force

(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.
Ala. Code § 17-13-86 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-86
Section 17-13-86 Declaration of Result of Contest
Status: in_force

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 .
Ala. Code § 17-6-5 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-5
Section 17-6-5 List of Voters for Each Voting Place
Status: in_force

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.
Ala. Code § 17-3-58 — Alabama Code / Title 17 / Chapter 3 / Section 17-3-58
Section 17-3-58 Voters in Territory Transferred to Another County
Status: in_force

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.
Ala. Code § 17-16-67 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-67
Section 17-16-67 Sitting of Commission
Status: in_force

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.
Ala. Code § 17-6-80 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-80
Section 17-6-80 Short Title
Status: in_force

This article shall be known and may be cited as The Alabama Informed Voter Act.
Ala. Code § 17-13-17 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-17
Section 17-13-17 Canvass, Tabulation, and Declaration of Results
Status: in_force

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.
Ala. Code § 17-6-35 — Alabama Code / Title 17 / Chapter 6 / Section 17-6-35
Section 17-6-35 Procedure to Vote Straight Party Ticket
Status: in_force

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.
Ala. Code § 17-13-21 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-21
Section 17-13-21 Tie Votes
Status: in_force

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.
Ala. Code § 17-17-33 — Alabama Code / Title 17 / Chapter 17 / Section 17-17-33
Section 17-17-33 Obstruction, Intimidation, Etc., of Voting Rights of Others
Status: in_force

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.
Ala. Code § 17-16-45 — Alabama Code / Title 17 / Chapter 16 / Section 17-16-45
Section 17-16-45 Examination of Ballots, Voting Equipment, Etc
Status: in_force

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.
Ala. Code § 17-13-89 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-89
Section 17-13-89 Commissioners to Take Testimony
Status: in_force

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.
Ala. Code § 17-13-18 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-18
Section 17-13-18 Candidate with Majority of Votes Declared Nominee of Party; Second Primary Election; Certification of Results
Status: in_force

(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.
Ala. Code § 17-1-3 — Alabama Code / Title 17 / Chapter 1 / Section 17-1-3
Section 17-1-3 Chief Elections Officials
Status: in_force

(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.
Ala. Code § 17-7-12 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-12
Section 17-7-12 Voting Without Registration and Taking Oath
Status: reserved

THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
Ala. Code § 17-8-13 — Alabama Code / Title 17 / Chapter 8 / Section 17-8-13
Section 17-8-13 Certain Election Officials Excused from Employment to Perform Election Duties
Status: in_force

(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).
Ala. Code § 17-9-3 — Alabama Code / Title 17 / Chapter 9 / Section 17-9-3
Section 17-9-3 Persons Entitled to Have Names Printed on Ballots; Failure of Secretary of State to Certify Nominations
Status: in_force

(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.
Ala. Code § 17-11-11 — Alabama Code / Title 17 / Chapter 11 / Section 17-11-11
Section 17-11-11 Officials for Counting of Absentee Ballots; Poll Watchers
Status: in_force

(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.
Ala. Code § 17-2-2 — Alabama Code / Title 17 / Chapter 2 / Section 17-2-2
Section 17-2-2 Implementation Plan; State Plan Committee. (Amended by Act 2026-327)
Status: in_force

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.
Ala. Code § 17-13-102 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-102
Section 17-13-102 Petition Requirements
Status: in_force

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.
Ala. Code § 17-13-26 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-26
Section 17-13-26 Additional Duties of Sheriff, Chief of Police, Etc
Status: in_force

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.
Ala. Code § 17-11-1 — Alabama Code / Title 17 / Chapter 11 / Section 17-11-1
Section 17-11-1 “Circuit Clerk” Defined
Status: in_force

As used in this chapter, “circuit clerk” includes any successor in function to the circuit clerk.
Ala. Code § 17-1-6 — Alabama Code / Title 17 / Chapter 1 / Section 17-1-6
Section 17-1-6 Ranked-Choice Voting Prohibited; Exceptions
Status: in_force

(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.
Ala. Code § 17-7-19 — Alabama Code / Title 17 / Chapter 7 / Section 17-7-19
Section 17-7-19 Loitering About Polling Place; Standing in Line of Voters After Having Voted
Status: reserved

THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570.
Ala. Code § 17-15-2 — Alabama Code / Title 17 / Chapter 15 / Section 17-15-2
Section 17-15-2 Day for Holding Special Elections
Status: in_force

All special elections shall be held on such day as the Governor may direct.
Ala. Code § 17-12-12 — Alabama Code / Title 17 / Chapter 12 / Section 17-12-12
Section 17-12-12 Returns of Election - Sealing, Delivery, and Disposition of Records
Status: in_force

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.
Ala. Code § 17-12-13 — Alabama Code / Title 17 / Chapter 12 / Section 17-12-13
Section 17-12-13 Procedure; Improperly Marked Ballots
Status: in_force

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.
Ala. Code § 17-13-104 — Alabama Code / Title 17 / Chapter 13 / Section 17-13-104
Section 17-13-104 Notice to Candidate of Qualification; Withdrawal by Candidate
Status: in_force

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.
Ala. Code § 17-12-19 — Alabama Code / Title 17 / Chapter 12 / Section 17-12-19
Section 17-12-19 Returns of Election of State Officers
Status: in_force

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.
Ala. Code § 17-11-15 — Alabama Code / Title 17 / Chapter 11 / Section 17-11-15
Section 17-11-15 Performance of Duties of Clerk in Municipal Elections Held Separate from Primary or General Election
Status: in_force

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.
Ala. Code § 17-14-5 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-5
Section 17-14-5 County Boards of Education
Status: in_force

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.
Ala. Code § 17-5-4 — Alabama Code / Title 17 / Chapter 5 / Section 17-5-4
Section 17-5-4 Filing Statement to Show Principal Campaign Committee; Duties and Procedures; Dissolution
Status: in_force

(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.
Ala. Code § 17-14-70.1 — Alabama Code / Title 17 / Chapter 14 / Section 17-14-70.1
Section 17-14-70.1 Legislative Findings
Status: in_force

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:

1. Preserve the cores of existing districts.

2. Minimize the number of counties in each district.

3. 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.

2. The Black Belt is characterized by its rural geography, fertile soil, and relative poverty, which have shaped its unique history and culture.

3. The Black Belt region spans the width of Alabama from the Mississippi border to the Georgia border.

4. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

2. 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.

3. 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.