reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-32 - Election Supplies.

Section 11-46-32
Election supplies.
(a) The mayor or other chief executive officer of the municipality shall at the expense of the municipality procure and superintend and insure the delivery to the election officers at each polling place within the corporate limits of the municipality of the necessary election supplies and shall also procure and deliver or cause to be delivered to the municipal clerk a sufficient number of the absentee ballots and the envelopes therefor prescribed by general laws and other supplies needed for the handling of absentee ballots in such election in the manner prescribed by general law. In the event the municipal clerk is a candidate in the election, he or she shall immediately upon receipt of the absentee ballots and other supplies deliver the same to the person appointed pursuant to Section 11-46-55 to act in his or her stead.
(b) When paper ballots are used, such supplies shall consist of: At least 100 ballots for each 50 registered electors at each voting place; the same number of black seals, two inches square, around the outer edge of which is a mucilaginous surface one-fourth inch wide, so designed that a seal may be placed securely over the square bearing the ballot number in such manner that it will make it impossible to read such number without removing the seal yet such seal may be removed without obliterating the number; ballot boxes; blank poll lists; three or more cards of instructions to voters for each ward or voting district, which shall be printed in large clear type and shall contain full instructions to electors as to what should be done, first, to obtain ballots for voting, second, to prepare the ballot for deposit in the ballot box, third, to obtain a new ballot in place of one accidentally spoiled and, fourth, to obtain a watcher for each candidate to be voted for; certificates of results; oaths; and any other stationery, blank forms, or supplies necessary in the conduct of the election.
(c) When voting machines are used, such supplies shall consist of: Ballot labels; diagrams; blanks for keeping a record of assisted voters; seals; blank forms for a statement of canvass of the votes cast on each machine, such forms to conform to the type of voting machine to be used and the designating number and letter if the construction of the machine is such as to require a designating number and letter of each candidate or proposition to be printed next to the candidate's name on the statement of canvass; and all other necessary election supplies for use on voting machines.
(Acts 1961, No. 663, p. 827, §12; Act 2015-216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-33 - Duties of Clerk as to Voting Machines.

Section 11-46-33
Duties of clerk as to voting machines.
(a) Whenever voting machines are to be used in any municipal election the municipal clerk shall:
(1) Cause the proper ballot labels to be placed on the voting machines;
(2) Cause the machines to be placed in proper working order for voting;
(3) Examine all voting machines in the presence of authorized watchers for any interested persons before they are sent out to the polling places;
(4) See that all the registering counters are set at zero;
(5) Lock, in the presence of authorized watchers, all voting machines so that the counting machinery cannot be operated; and
(6) Seal each one with a numbered seal, a list of which numbered seals and the number on the protective counters, together with the number of the voting place to which it was sent shall be kept as a permanent record in such clerk's office, open to any citizen.
(b) The inspection and sealing of voting machines shall begin not later than 9:00 A.M., of the Monday before any election at which such machines are to be used and shall continue until all machines are sealed. When all machines are locked and sealed, the key to each machine shall be placed in an envelope and sealed, the signature of the municipal clerk and the signature of two watchers of opposed interest, if such there shall be, shall be placed across the seal, and on the envelope shall be written the number then on the protective counter and the number on the seal of the voting machines. This envelope shall be delivered to the election inspector who will serve as an election officer at the polling place where such machine is used.
(c) It shall be the duty of the municipal clerk to see that a voting machine or machines, together with an instruction model for each machine showing a portion of the face of such machine in use at such election, is delivered to each and every polling place where machines are required by law to be used at least one hour before the time set for opening the polls in such ward. After the machine has been delivered, the clerk shall cause such machine to be set up in the proper manner and cause protection to be given so that such machine shall be free from molestation and injury. The protective curtains shall be examined to see that they properly conceal the actions of the voter while such voter is operating the machine. All poll lists and necessary supplies shall be delivered to the inspector at the same time the key or keys to the machine are delivered.
(d) Except as otherwise provided by law, the term voting machines, as used in this title, shall not include electronic vote counting systems as defined in Title 17.
(Acts 1961, No. 663, p. 827, §13; Act 2015-216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-34 - Voting Booths.

Section 11-46-34
Voting booths.
For all elections at which paper ballots will be used, the chief executive officer of the municipality at the expense of the municipality shall provide at each polling place in all municipalities having a population of over 3,000 inhabitants a room or covered enclosure and in such room or covered enclosure shall provide booths or compartments, one booth or compartment for each 100 or fraction thereof over 50 electors registered in the ward or wards in such municipality for that election, and shall furnish each booth or compartment with a shelf or table for the convenience of the electors in the preparation of their ballots. Each booth or compartment shall be so arranged that it will be impossible for one elector at a shelf or table in one compartment to see an elector at a shelf or table in another compartment in the act of marking his ballot. Each voting shelf or table shall be kept supplied with conveniences for marking the ballots. In voting places in municipalities having a population of 3,000 inhabitants or less no booths shall be required.
(Acts 1961, No. 663, p. 827, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-35 - Watchers.

Section 11-46-35
Watchers.
(a) Each candidate may name a watcher for every polling place. As used in this subsection, a polling place shall mean a location for ballot boxes or voting machines, regardless of the number thereof.
(b) The watcher, upon presentation of his or her appointment in writing and being sworn faithfully to observe the rule of law prescribed for the conduct of elections, shall be permitted to be present at the place where ballots are cast from the time the polls are opened until the ballots are counted and certificates of the result of the election are duly signed by the proper election officers. The function of the watcher is to observe activities at the polling place. The watcher may not disturb voters, attempt to influence voters, campaign, or display or wear any campaign material or buttons while inside any polling place.
(c) When paper ballots are used at the election, the watcher shall be permitted to see the ballots as they are called during the count.
(d) When voting machines are used, the watchers shall, upon presentation of their appointment in writing, be permitted to be present when the machines are being prepared and sealed for use at the election. On election morning the watcher may witness the breaking of the seal on the envelope containing the key or keys to the voting machines, and, when the machine has been unlocked and the counters exposed, he or she shall carefully examine each and every counter to see that it registers zero, and he or she shall also examine the ballots and satisfy himself or herself that they are in their proper places on the machine and that the machine is properly placed. The watcher must also sign a certificate setting out the above facts, as required by subsection (c) of Section 11-46-47. He or she may also be present and witness the opening of the machine after the polls have closed, the reading and tabulating of the result of the election as recorded on the voting machine and the resealing of the machine.
(Acts 1961, No. 663, p. 827, §15; Acts 1976, No. 358, p. 403, §9; Act 2003-400, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-36 - Preparation, Certification, Filing, and Publication of Lists of Qualified Regular Voters.

Section 11-46-36
Preparation, certification, filing, and publication of lists of qualified regular voters.
(a) The mayor or other chief executive officer of the city or town shall cause to be made a list of the qualified voters who reside within the corporate limits of such city or town and who are registered to vote regular ballots, dividing the same into separate alphabetical lists of the qualified voters of each ward where such city or town has been divided into wards and all qualified voters thereof vote at one box or voting machine, or dividing such list into separate alphabetical lists of voters authorized to vote at each respective box or voting machine if the list of qualified voters has been divided alphabetically and each alphabetical group assigned a box or machine at which to vote. He or she shall have such lists compared with the official list of electors qualified to vote during the current year on file in the probate office of the county in which the municipality is situated and shall certify on each list prepared pursuant to this section that it is a correct list of the voters who are qualified to vote regular ballots in the municipality, ward, ballot box, or voting machine to which it appertains. He or she shall have full access to all registration lists of the county for this purpose. A copy of each list so prepared shall be filed with the municipal clerk, who shall file and retain each such list as a public record in his or her office, on or before the third Tuesday in July before a regular municipal election. The clerk shall prepare a copy of the list of qualified voters authorized to vote at each of the respective polling places in the municipality, and, prior to the opening of the polls on election day, he or she shall furnish to the inspectors, or one of them, of each ballot box or voting machine at each polling place a copy of the list of qualified voters authorized to vote at the box or voting machine for which he or she was appointed an inspector. The clerk shall also publish the list of qualified voters authorized to vote at the ensuing election at least five days prior to the election by posting copies thereof in at least three public places in the municipality.
(b) Following each election, the municipal clerk shall make a copy of that portion of the poll list to be made a public record and shall maintain the original in his or her office. The clerk shall redact any information required to be redacted pursuant to Section 17-4-33 from the copy to be made a public record. This subsection shall not affect poll lists used at local precincts.
(Acts 1961, No. 663, p. 827, §16; Acts 1976, No. 358, p. 403, §10; Acts 1980, No. 80-94, p. 140, §5; Acts 1982, No. 82-458, p. 711, §7; Acts 1987, No. 87-581, p. 928, §7; Act 2014-221, p. 704, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-37 - Preparation, etc., of Lists of Qualified Voters Upon Disqualification of Mayor, Etc.

Section 11-46-37
Preparation, etc., of lists of qualified voters upon disqualification of mayor, etc.
In the event the mayor or other chief executive officer of any city or town is a candidate in any municipal election held under the provisions of this article, he shall be disqualified to perform the duties set forth in Section 11-46-36, and said duties shall be performed by a disinterested person appointed by the board of aldermen or other governing body of the city or town.
(Acts 1961, No. 663, p. 827, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-38 - Electors to Vote in Wards or Precincts of Residence, etc.; Qualifications for Voting.

Section 11-46-38
Electors to vote in wards or precincts of residence, etc.; qualifications for voting.
(a) At all municipal elections, a qualified elector may vote only in the ward or precinct of his or her residence where he or she is registered to vote.
(b) An individual may not vote at any municipal election unless he or she is a qualified elector of the State of Alabama, has resided in the county 30 days and in the ward 30 days prior to the election, and has registered to vote in conformance with the time frame set forth in Section 17-3-50; provided, however, if a qualified elector relocates his or her residence from one ward to another ward in the same city or town within the 30-day period prior to the election, the elector shall have the right to vote in the ward where the elector had previously resided if he or she would have been entitled to vote in that ward but for relocating to the new ward. If any elector attempts to vote in any ward other than that of his or her residence, except as authorized in this section, his or her vote must be rejected.
(Acts 1961, No. 663, p. 827, §18; Acts 1976, No. 358, p. 403, §11; Acts 1982, No. 82-458, p. 711, §8; Act 2006-281, p. 496, §1; Act 2019-358, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-40 - Assistance of Disabled Electors Generally.

Section 11-46-40
Assistance of disabled electors generally.
When paper ballots are used, any elector applying to vote who shall state under oath to any of the inspectors (which oath may be administered by any one of the inspectors) that by reason of his inability to write the English language, or by reason of blindness or the loss of the use of his hand or hands he is unable to prepare his ballot may have the assistance of any person he may select. In such case, said elector must remain within the polling place, and the inspector shall send for the person selected. If the person first selected cannot be found, then such elector may select another person to assist him. The person so selected shall render said elector all such assistance in the preparation of his ballot as he may require so that the ballot may be voted for the candidate of his choice in the manner provided in this article. In cities of more than 3,000 inhabitants, the elector and the person selected to assist him shall retire to a booth or compartment and there prepare the elector's ballot. In all other cities and towns they shall be permitted to prepare it at any point in the polling place.
(Acts 1961, No. 663, p. 827, §20; Acts 1987, No. 87-581, p. 928, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-41 - Forms of Oaths to Be Taken by and for Challenged Voters; Penalty for False Oath; Refusal to Take Oath.

Section 11-46-41
Forms of oaths to be taken by and for challenged voters; penalty for false oath; refusal to take oath.
Repealed by Acts 2006-281, p. 496, §2, effective January 1, 2007.
(Acts 1961, No. 663, p. 827, §21; Acts 1976, No. 358, p. 403, §12; Acts 1982, No. 82-458, p. 711, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-42 - Number of Electors Allowed in Polling Place; Time Limit, etc., for Occupation of Booth.

Section 11-46-42
Number of electors allowed in polling place; time limit, etc., for occupation of booth.
Where paper ballots are used, no more than 10 electors shall be allowed in the polling place at the same time.
In all elections for which voting booths or compartments have been provided, if all such booths or compartments are occupied and other electors are waiting to vote, no elector shall occupy a booth or compartment for a longer time than five minutes. No elector shall be allowed to occupy a booth or compartment already occupied by another nor to speak or converse with anyone except as provided in this article while in the polling place. After having voted or declined or failed to vote within five minutes, the elector shall immediately withdraw from the polling place and go beyond the prohibited distance and shall not enter the polling place again.
(Acts 1961, No. 663, p. 827, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-43 - Right of Secret Ballot; Write-in Voting Prohibited.

Section 11-46-43
Right of secret ballot; write-in voting prohibited.
(a) Every voter in a municipal election shall have the right to vote a secret ballot which shall be kept secret and inviolate.
(b) Electors shall not be entitled to vote for any person whose name does not appear on the ballot, and no elector shall write in the name of any person on the ballot.
(Acts 1961, No. 663, p. 827, §23; Acts 1976, No. 358, p. 403, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-44 - Votes Not to Be Counted Until Polls Closed; Disposition of Poll Lists and Affidavits; Counting of Ballots.

Section 11-46-44
Votes not to be counted until polls closed; disposition of poll lists and affidavits; counting of ballots.
(a) No votes shall be counted until the polls are closed.
(b) Immediately after the polls are closed at elections where paper ballots are used, the poll list signed by the voters and the poll list made by one of the clerks shall be sealed in separate envelopes and labelled before the inspectors begin to count the votes.
(c) As soon as this is done, the ballots cast shall be counted in the following manner: The returning officer or one of the inspectors must take the ballots one by one from the box in which they were deposited, at the same time reading aloud the name of each person receiving a vote and the office for which the person received the vote, and they must separately keep a calculation of the number of votes each person receives and for what office the person receives them. If the elector has marked more 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 that 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.
(Acts 1961, No. 663, p. 827, §24; Act 2010-687, p. 1660, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-46 - Delivery of Returns, etc.; Retention and Destruction of Ballot Boxes; Opening of Ballot Boxes.

Section 11-46-46
Delivery of returns, etc.; retention and destruction of ballot boxes; opening of ballot boxes.
(a) At the time appointed by the municipal governing body to canvass the returns of the election the municipal clerk shall deliver to the governing body the envelopes addressed to the governing body, which were delivered to him or her by the returning officers of the several wards in the city or town immediately after the votes had been counted and the returns thereof prepared.
(b) The clerk shall securely keep the ballot boxes until it is known that there will be no contest, but in any event not less than six months, and, if in that time no contest has been properly instituted, the clerk shall then destroy the contents of the boxes without examining the same.
(c) No ballot box shall be opened except in one of the following events:
(1) In the event of a contest, where the opening of a box has been ordered by the court hearing the contest, in which event the ballot box shall be opened by or under the supervision of the judge ordering the opening of a box and in the manner prescribed by him or her.
(2) For the purpose of canvassing the returns and obtaining the result of the election in a particular ward or voting district from the contents of the box when the box has been returned, but no certificate of the result of the election has been separately delivered to the municipal governing body by the election inspectors. If a box is opened for this latter purpose the certificate of result contained therein, if any, and if no certificate of result is enclosed, then any other of the contents of the box, so far as necessary, may be used to determine the result of the election, after which the papers shall be returned into the box and the box shall be resealed in the presence of the municipal governing body, and the box shall then be retained without again opening it for the time prescribed in subsection (b).
(3) For the purpose of conducting a recount of the ballots as otherwise allowed by law.
(Acts 1961, No. 663, p. 827, §26; Acts 1980, No. 80-94, p. 140, §7; Act 2003-400, p. 1150, §1; Act 2006-281, p. 496, §1; Act 2010-687, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-47 - Delivery, Examination, and Identification of Keys to Voting Machines; Examination of Counters, Ballots, etc.; Certification as to Keys, Counters, and Ballots; Opening of Machines and Polls.

Section 11-46-47
Delivery, examination, and identification of keys to voting machines; examination of counters, ballots, etc.; certification as to keys, counters, and ballots; opening of machines and polls.
(a) Whenever voting machines are used for municipal elections, the key or keys to the voting machine or machines, still in the envelopes in which they were placed when the machines were sealed for this election pursuant to subsection (b) of Section 11-46-33 and with the seals thereof unbroken and all other necessary election supplies shall be delivered to the inspector of each poll at least 30 minutes before the time for opening the polls. The inspector shall compare the number appearing on the envelope containing the key or keys with the number shown in the protective counter, and, if these numbers are not identical, he shall not break the seal on the envelope containing the keys, and he shall immediately so notify the municipal clerk or his representative, who shall immediately deliver the correct key or keys or another properly sealed machine. If the numbers on the envelope and the respective numbers on the seal and on the protective counter are found to be the same, the inspectors shall open the door concealing the counters.
(b) Before the polls are declared open the election officials and each authorized watcher or any interested person shall carefully examine each and every counter and see that it registers zero and shall examine the ballots and satisfy themselves that the ballots are in their proper place on the machine. The election officials shall post the sample ballots and the model for the guidance of voters at conspicuous points about the polling place. All persons authorized to be in the polling place shall satisfy themselves that the voting machine is properly placed and that the face of the machine is turned so that the election officials and the public may obtain a clear and unobstructed view of the same at all times except when the curtain on the machine is closed for the casting of the ballot.
(c) The election officials and at least two watchers of opposing interests (if any there shall be) shall then sign a certificate setting out that the keys were delivered intact, that the numbers on the protective counter and seal correspond with that on the envelope, that all the counters were set at zero and that the ballot labels were in their proper places. If any counter, however, does not register zero, the inspector shall summon the custodian of the machine, who shall set the counter back to zero.
(d) The machine shall then be opened for voting and the polls formally declared open.
(Acts 1961, No. 663, p. 827, §27.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-48 - Provision of Election Materials and Supplies; Preparation of Lighting Facilities; Posting and Placement of Diagrams and Models.

Section 11-46-48
Provision of election materials and supplies; preparation of lighting facilities; posting and placement of diagrams and models.
The municipal clerk shall furnish and deliver with each voting machine: Lighting facilities which shall give sufficient light to enable voters while in the voting machine booth to read the ballot labels and suitable for the use of election officers in examining the counters; a model and two diagrams or sample ballots of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by directions for voting on the machine; a seal or seals for sealing the machine after the polls are closed; an envelope for the return of the keys, if the construction of the voting machine shall permit their separate return; and such other election materials and supplies as may be necessary.
The lighting facilities above mentioned shall be prepared and in good order for use before the opening of the polls. The diagrams shall be posted prominently outside the voting booth for the instruction of electors. The model shall be placed in the polling place and at or outside the guard rail or barrier.
(Acts 1961, No. 663, p. 827, §28.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-49 - Election Officers for Voting Machines; Duties.

Section 11-46-49
Election officers for voting machines; duties.
(a) At all elections where voting machines are used, there shall be the following election officers for each voting machine: An inspector, a chief clerk, and a first and a second assistant clerk; except, in the event voting centers are established, then the requirements of Section 11-46-24 shall control the number of election officials.
(b) The inspector shall be in general charge of the poll, shall see that the counter compartments of the machine are never unlocked or opened so that the counters are exposed during voting, shall see that the other election officers perform the duties imposed on them by this section, shall keep a record of all voters at such machine who received assistance pursuant to subsection (a) of Section 11-46-51, and all other records required by this article, and immediately after the polls have closed and the statement of the returns has been made, shall deliver such statement and the key or keys to the machine to the municipal clerk. He shall also act as challenger.
(c) The chief clerk shall examine the list of qualified electors and check off the names of voters which appear thereon as they vote.
(d) The first assistant clerk shall attend the poll list and see that each voter signs his name thereon in the order in which he votes.
(e) The second assistant clerk shall attend the voting machine at all times and see that it is not tampered with. He shall also inspect the ballot labels at frequent intervals to see that none have been tampered with and that the machine has not been injured.
(Acts 1961, No. 663, p. 827, §29; Acts 1976, No. 358, p. 403, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-50 - Identification of Voters Where Voting Machines Used; Voting Procedure; Assistance of Voters; Provisional Ballot.

Section 11-46-50
Identification of voters where voting machines used; voting procedure; assistance of voters; provisional ballot.
(a) The election officials, where voting machines are used, shall ascertain whether each applicant to vote is entitled to vote, and each applicant found to be entitled to vote shall be permitted to vote in the manner provided in this article. Each applicant to vote shall identify himself or herself to the chief clerk, who shall examine the list of qualified electors furnished by the municipal clerk and, if such voter's name appears on such list, the chief clerk shall mark the applicant's name off the list. The applicant, unless unable to write his or her own name because of physical handicap or illiteracy, shall then sign his or her name on the poll list on the line numbered to indicate the order in which the voters cast their ballots, and the clerk shall record the voter's name on a second poll list on the line numbered to indicate the order in which the voter cast his or her ballot. Thereafter, the voter shall be admitted within the voting machine booth and permitted to vote.
(b) If the applicant is unable to sign his or her name because of physical disability or illiteracy, his or her name shall be written for him or her in the manner prescribed in subsection (e) of Section 11-46-39 for the writing of names of voters on the poll list at polls where paper ballots are used.
(c) If the applicant's name is not on the list of qualified voters, the applicant shall not be allowed to vote except by provisional ballot.
(Acts 1961, No. 663, p. 827, §30; Act 2010-687, p. 1660, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-53 - Voting Machines to Remain Locked During Period for Filing of Contests; When Seals of Machines May Be Broken; Disposition of Records Taken From Machines.

Section 11-46-53
Voting machines to remain locked during period for filing of contests; when seals of machines may be broken; disposition of records taken from machines.
(a) The voting machines shall remain locked against voting for the time provided by law for the filing of contests and then shall have the seal broken only on the order of the municipal governing body and if, in the opinion of such body, the contest has developed or is likely to develop, and shall remain locked until such times as ordered by the court hearing the contest or until a final determination thereof; provided, that on the order of any court of competent jurisdiction or on the order of the municipal governing body, the seal may be broken for the purpose of proper investigation. When such investigation is completed, the machine shall again be sealed and across the envelope containing the keys shall be written the signature of the person or persons having broken same; provided further, that in the event another election is held during the time for which the machines are required by this subsection to be locked and the machines are needed at such election, the municipal governing body shall be authorized to break the seal and make a record of the numbers on all counters on each machine and to remove all of the election records from the machine.
(b) The municipal governing body shall securely seal all records taken from a machine in an envelope or package and on the outside thereof label the package in such manner as to indicate plainly the machine from which they were removed and the month, day, and the year, of the election of which they are records. Each member of the municipal governing body present when the machines were opened shall certify to the accuracy of the records of the numbers on the counters and shall sign the envelope or package across the seal. This certificate and all other records removed from the voting machines shall be delivered to the municipal clerk and preserved by him for the same length of time prescribed in subsection (b) of Section 11-46-46 for the retention of paper ballots and then destroyed in the same manner that paper ballots are destroyed.
(Acts 1961, No. 663, p. 827, §33.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-54 - Designation, etc., of Custodians of Voting Machines and Keys; Transportation, Storage, and Protection of Machines.

Section 11-46-54
Designation, etc., of custodians of voting machines and keys; transportation, storage, and protection of machines.
(a) The governing body of any municipality procuring voting machines shall designate a person or persons who shall have the custody of the voting machines and the keys therefor when the machines are not in use at an election and shall provide for his compensation and for the safe storage and care of the machines and keys.
(b) All voting machines, when not in use, shall be properly boxed or covered and stored in a suitable place or places by said custodian. The same authority that caused the delivery of the voting machines shall be charged with transporting such machines back to the custodian and shall furnish all necessary protection to see that such machines are not molested nor injured from the time such machines leave the place where they are regularly stored until they are turned over to the custody of the officials of a voting district and from the time that custody ceases on the part of the voting district officials and the machines are returned to the place of regular storage.
(Acts 1961, No. 663, p. 827, §34.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-55.1

Section 11-46-55.1
Recount procedures.
(a) Any person with standing to contest a municipal election may petition the canvassing authority for a recount of any or all precinct returns. The time period for requesting a recount ends 48 hours after the official canvass of returns by the municipal governing body. The petitioner must be prepared to pay the cost of the recount and must be required to give security to cover these costs in an amount as determined by the municipal governing body based upon an estimate of actual costs. The recount must 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.
(b) The recount shall be conducted as simply as the type of equipment and local conditions permit provided that the following minimum safeguards shall be observed:
(1) The box or envelope holding the ballots shall be delivered unopened to the inspector in charge of the recount.
(2) A representative of the municipality shall be present during the recount.
(3) Where ballots are counted by hand, representatives of opposing interests have the right to participate in the hand count, and any unresolved disputes over the interpretation of the voter's intent may be appealed to the municipal governing body.
(c) When the recount has been completed, the ballots shall be returned to their container along with a copy 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.
(d) If the recount produces a change in precinct totals of sufficient magnitude to alter the result of the election, the outcome shall constitute grounds for an election contest as now prescribed by law. If the recount of the resulting contest alters the result of the election, the cost of the recount shall be borne by the municipality.
(Act 2003-400, p. 1150, §2; Act 2010-687, p. 1660, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-56 - Absentee Ballots - Eligibility.

Section 11-46-56
Absentee ballots - Eligibility.
Any qualified elector of a city or town shall be entitled to cast an absentee ballot under and pursuant to the election laws of the State of Alabama in any municipal election.
(Acts 1961, No. 663, p. 827, §37; Acts 1976, No. 358, p. 403, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-57 - Absentee Ballots - Casting and Handling of Ballots; Duties and Compensation of Clerks, etc., Generally; Applicability of Other Laws.

Section 11-46-57
Absentee ballots - Casting and handling of ballots; duties and compensation of clerks, etc., generally; applicability of other laws.
The provisions of Chapter 11 of Title 17 shall be applicable to the casting and handling of absentee ballots in municipal elections, and any amendments, extensions, or deletions from this chapter in the future shall likewise be applicable to municipal elections.
The town clerk, city clerk, or other officer performing the duties of the clerk, as the case may be, shall have and perform the duties required by Chapter 11 of Title 17. For performing these duties, the municipal governing body may compensate the clerk, or other officer performing the duties of the clerk, in whatever manner and amount it deems appropriate.
All other laws of this state regulating and providing for voting of an absentee ballot shall apply to elections held under this article.
(Acts 1961, No. 663, p. 827, §37; Acts 1976, No. 358, p. 403, §16; Act 2010-687, p. 1660, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-58 - Absentee Ballots - Marking, Posting, etc., of Lists of Applicants.

Section 11-46-58
Absentee ballots - Marking, posting, etc., of lists of applicants.
The town clerk, city clerk, or other officer performing the duties of the clerk, as the case may be, in municipal elections held under the provisions of this article, shall comply with the provisions of Chapter 11 of Title 17 with respect to marking, enrolling, posting, and delivering of lists showing the names and addresses of applicants for an absentee ballot.
(Acts 1961, No. 663, p. 827, §38; Acts 1976, No. 358, p. 403, §17; Act 2010-687, p. 1660, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-59 - Offenses of Mayor and Other Executive Officers.

Section 11-46-59
Offenses of mayor and other executive officers.
(a) Any mayor or other chief executive officer of a municipality who willfully fails to give notice of any municipal election as required in this article shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not more than $500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(b) Any mayor or other chief executive officer of a municipality who knowingly puts on the list of qualified electors for a municipal election the name of any person who is not registered, as shown by the records in the probate office of the county in which such municipality lies, shall be guilty of a misdemeanor and, on conviction, must be fined not less than $100.00.
(c) Any mayor or other chief executive officer of a municipality or other officer on whom the duty of the mayor may have temporarily devolved who willfully and knowingly neglects, fails or refuses to perform any of the duties prescribed in this article shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $100.00, unless otherwise provided in this article.
(Acts 1961, No. 663, p. 827, §39; Acts 1976, No. 358, p. 403, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-60 - Offenses of Clerks.

Section 11-46-60
Offenses of clerks.
(a) Any municipal clerk who sends any ballots to or makes any suggestions in reference to furnishing ballots for absent voters, except upon the application or request of the absent voter himself, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(b) Any municipal clerk who fails to properly preserve the certificate of results of an election and deliver it to the municipal governing body at the time appointed for canvassing the returns of the election as required by subsection (a) of Section 11-46-46, shall be guilty of a felony and, on conviction, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years.
(Acts 1961, No. 663, p. 827, §40.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-61 - Offenses of Election Officers Generally.

Section 11-46-61
Offenses of election officers generally.
(a) Any election officer appointed as such by a municipal governing body who shall fail to attend a municipal election without a lawful excuse shall, on conviction, be fined not more than $100.00.
(b) Any election officer who drinks any intoxicating liquors while any election is being held shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00.
(c) Any election officer who, without lawful excuse, neglects, fails, or refuses to perform any official duty prescribed by this article shall be guilty of a misdemeanor, unless otherwise provided, and, on conviction, shall be fined not less than $50.00.
(d) Any election officer who discloses how any elector voted shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $100.00 nor more than $500.00, and may also be sentenced to hard labor for the county for not more than six months.
(e) If any election officer willfully neglects to perform any duty imposed on him by this article or is guilty of any corrupt conduct in the execution of the same, and no other punishment is provided for such neglect or conduct, he must, on conviction, be fined not less than $100.00 nor more than $1,000.00; provided, that no person shall be deemed an officer within the meaning of this subsection, until he first shall have taken an oath well and truly to discharge the duties of such office to the best of his ability or until he shall have performed some of the duties of such office. The failure or refusal of any person to accept office or his failure or refusal to discharge and perform the duties of such office at any time after his appointment thereto and prior to his taking the oath of such office and before he shall have discharged and performed any of the duties thereof shall not in either event be deemed a violation of this subsection.
(f) Any election officer or any other person who makes a copy of the poll list, or any memoranda therefrom, or list of the persons voting or the number of their ballots or discloses the number of such voter's ballot shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $200.00.
(Acts 1961, No. 663, p. 827, §41.)