reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-4 - Form and Contents of Application; Signature of Applicant; Filing of Application.

Section 17-11-4
Form and contents of application; signature of applicant; filing of application.
The application required in Section 17-11-3 shall be filed with the person designated to serve as the absentee election manager. The application shall be in a form prescribed and designed by the Secretary of State and shall be used throughout the state. Notwithstanding the foregoing, handwritten applications can also be accepted at any time prior to the five-day deadline to receive absentee ballot applications as provided in Section 17-11-3. The application shall contain sufficient information to identify the applicant and shall include the applicant's name, residence address, or such other information necessary to verify that the applicant is a registered voter. The application shall also list all felonies of moral turpitude, as provided in Section 17-3-30.1. Any applicant may receive assistance in filling out the application as he or she desires, but each application shall be manually signed by the applicant and, if he or she signs by mark, the name of the witness to his or her signature shall be signed thereon. The application may be handed by the applicant to the absentee election manager or forwarded to him or her by United States mail or by commercial carrier, as determined by rule by the Secretary of State. An application for a voter who requires emergency treatment by a licensed physician within five days before an election pursuant to Section 17-11-3 may be forwarded to the absentee election manager by the applicant or his or her designee. Application forms that are printed and made available to any applicant by the absentee election manager shall have printed thereon all penalties provided for any violation of this chapter. The Secretary of State shall provide applications for absentee voting to military and overseas voters in accordance with Section 17-4-35.
(Acts 1975, No. 1147, p. 2251, §2; Acts 1978, No. 616, p. 873, §2; Acts 1980, No. 80-732, p. 1478, §1; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §2; Act 2003-313, p. 733, §2; §17-10-4; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2019-507, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-6 - Form of Absentee Ballots.

Section 17-11-6
Form of absentee ballots.
The official ballots for any election to which this chapter pertains shall be in the same form as the official regular ballots for the election, except that they shall have printed thereon the words, "Official Absentee Ballot."
(Acts 1975, No. 1147, p. 2251, §4; Acts 1980, No. 80-732, p. 1478, §3; §17-10-6; amended and renumbered by Act 2006-570, p. 1331, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-8 - Form of Affidavit to Be Printed on Envelope - Primary Elections.

Section 17-11-8
Form of affidavit to be printed on envelope - Primary elections.
The form of the affidavit which shall be printed on the envelope used in primary elections shall be the same as that used in general, special, and municipal elections; except, that the following sentence shall be added and inserted therein immediately above the signature of the voter:
"I am a member of the ________ Party and subscribe to all conditions and qualifications laid down by that party's committee as a requisite for participation in the election ________ (Signature of Voter)."
Such affidavit shall be sworn to in the same manner and form as in general, special, and municipal elections.
(Acts 1975, No. 1147, p. 2251, §6; Acts 1980, No. 80-732, p. 1478, §4; §17-10-8; amended and renumbered by Act 2006-570, p. 1331, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-11 - Officials for Counting of Absentee Ballots; Poll Watchers.

Section 17-11-11
Officials for counting of absentee ballots; poll watchers.
(a) For every primary, general, special, or municipal election, there shall be appointed one inspector and at least three clerks, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election on that day, in the courthouse, or municipal building for municipal elections, as designated by the absentee election manager for the purpose of counting and returning the ballots cast by absentee voters. The returns from the absentee precinct shall be made as required by law for all other boxes. It shall be unlawful for any election official or other person to publish or make known to anyone the results of the count of absentee votes before the polls close.
(b) Any person or organization authorized to appoint poll watchers under Sections 17-8-7 and 17-13-11 may have a single watcher present at the counting of absentee ballots, with the rights as are conferred by the sections and by any other provisions of state law.
(c) This section shall not apply to municipal elections in cities and towns of less than 10,000 inhabitants which are held at a time different from a primary or general election. These cities or towns may establish a procedure for the appointment of absentee election officials pursuant to subsection (c) of Section 11-46-27 by permanent ordinance adopted six months prior to the municipal election.
(Acts 1975, No. 1147, p. 2251, §9; Acts 1980, No. 80-732, p. 1478, §7; Acts 1994, No. 94-692, p. 1332, §1; Act 2003-400, p. 1150, §1; §17-10-11; amended and renumbered by Act 2006-570, p. 1331, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-12 - Delivery of Ballots, Envelopes, Etc. to Absentee Election Manager.

Section 17-11-12
Delivery of ballots, envelopes, etc. to absentee election manager.
Not less than 55 days prior to the holding of any election, except a municipal election, to which this chapter pertains, or in the case of a runoff primary election, not more than 14 days after the first primary election, the officer charged with the printing and distribution of the official ballots and election supplies shall deliver to the absentee election manager of each county in which the election is held or to the individual designated to serve in his or her place a sufficient number of absentee ballots, envelopes, and other necessary supplies. Not less than 28 days prior to the general election in a municipal election, or in the case of a runoff municipal election, not more than 10 days after the first election, or in the case of a municipal election held for a purpose other than the election of municipal officers, not more than seven days after the giving of notice of the election, the officer charged with the printing and distribution of the official ballots and election supplies shall deliver to the absentee election manager of the municipality in which the election is held, or to the individual designated to serve in his or her place, a sufficient number of absentee ballots, envelopes, and other necessary supplies. If the absentee election manager is a candidate with opposition in the election, he or she shall immediately, upon receipt of the ballots, envelopes, and supplies, deliver them to the individual authorized to act in his or her place, as provided in Section 17-11-13.
(Acts 1975, No. 1147, p. 2251, §10; Acts 1978, No. 616, p. 873, §6; Acts 1980, No. 80-732, p. 1478, §8; Acts 1986, No. 86-428, p. 791, §3; Acts 1992, No. 92-152, p. 262, §1; Acts 1994, No. 94-320, p. 553, §1; Act 2003-400, p. 1150, §1; Act 2006-281, p. 496, §1; Act 2006-354, p. 937, §2; §17-10-12; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2014-6, p. 21, §1; Act 2019-318, §1; Act 2021-157, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-13 - Disqualification of Circuit Clerk From Serving as Absentee Election Manager.

Section 17-11-13
Disqualification of circuit clerk from serving as absentee election manager.
When the circuit clerk is a candidate for any office and has opposition, he or she shall be disqualified from performing any of the duties imposed by this chapter with reference to the handling of absentee ballots. At least 55 days prior to the election, the circuit clerk shall certify to the appointing board of the county his or her candidacy with opposition and that he or she is disqualified to serve or otherwise prevented from serving. The appointing board shall thereupon appoint a person to serve as absentee election manager in the manner provided for in Section 17-11-2.
(Acts 1975, No. 1147, p. 2251, §§11, 16; Acts 1978, No. 616, p. 873, §7; Acts 1986, No. 86-428, p. 791, §4; Acts 1988, No. 88-88, p. 114, §1; §17-10-13; amended and renumbered by Act 2006-570, p. 1331, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-14 - Compensation of Absentee Election Manager.

Section 17-11-14
Compensation of absentee election manager.
The county commission shall determine the amount of compensation to be paid to the absentee election manager or other absentee election manager for the performance of his or her duties with respect to absentee ballots for which his or her services are required during the 55-day period prior to the election, the day of the election, and the seven-day period following the election during which ballots under the Uniformed and Overseas Citizens Absentee Voting Act may be returned, but such compensation shall be at least fifty dollars ($50) per day or the same pay as an inspector as authorized under Section 17-8-12, and the total number of days worked may not exceed 46 days. In all counties in which the compensation of absentee election managers is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the absentee election manager shall not be increased or decreased. The amount shall be the total compensation allowed the absentee election manager for duties relating to absentee ballots in all elections held on the same day and shall be paid from the county treasury. Any reimbursement shall be as provided in Chapter 16.
(Acts 1975, No. 1147, p. 2251, §12; Acts 1978, No. 616, p. 873, §8; Acts 1986, No. 86-428, p. 791, §5; Acts 1988, No. 88-88, p. 114, §2; Act 2000-722, p. 1547, §1; §17-10-14; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2010-687, p. 1660, §2; Act 2019-415, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-15 - Performance of Duties of Clerk in Municipal Elections Held Separate From Primary or General Election.

Section 17-11-15
Performance of duties of clerk in municipal elections held separate from primary or general election.
In any municipal election that is held at a time different from a primary or general election, the duties with reference to the handling of absentee ballots which are required of the circuit clerk shall be performed by the town clerk, city clerk, or other officer performing the duties of the clerk. If such clerk or other officer is also a candidate in such election, the governing body of the city or town shall appoint a qualified elector of the city or town to perform the duties. Such person so appointed shall have all the powers, duties, and responsibilities of the circuit clerk under this chapter.
(Acts 1975, No. 1147, p. 2251, §13; §17-10-15; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2010-687, p. 1660, §2.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-16 - Costs and Expenses Generally.

Section 17-11-16
Costs and expenses generally.
All necessary and proper expenses and costs incurred in the carrying out of the provisions of this chapter for which no special provision is made in this chapter shall be paid for in the same manner as are necessary costs and expenses incurred in the several classes of elections enumerated under this chapter.
(Acts 1975, No. 1147, p. 2251, §14; §17-10-16; amended and renumbered by Act 2006-570, p. 1331, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-17 - Promulgation of Rules and Regulations With Respect to Challenged Absentee Ballots.

Section 17-11-17
Promulgation of rules and regulations with respect to challenged absentee ballots.
Repealed by Act 2006-581, p. 496, §2, effective January 1, 2007.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §8; §17-10-22; Act 2006-570, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-18 - Time Requirements for Receipt of Absentee Ballots.

Section 17-11-18
Time requirements for receipt of absentee ballots.
(a) No absentee ballot shall be opened or counted if received by the absentee election manager by mail, unless received by mail no later than noon on the day of election, or, if received by the absentee election manager by hand delivery, unless so delivered by the voter or medical emergency designee to the absentee election manager not later than the close of the last business day next preceding the election or, if delivered by the medical emergency designee, by noon on the day of the election.
(b) The above provision does not apply in the case of individuals voting absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. §§ 20301-20311, when those individuals are voting in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda. In the case of UOCAVA voters voting absentee in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda, no absentee ballot shall be opened or counted, if received by the absentee election manager by mail, unless postmarked as of the day of the primary, second primary, general, or special election and received by mail no later than noon seven days after the primary, second primary, general, or special election.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §9; Act 2003-313, p. 733, §2; Act 2006-354, p. 937, §1; §17-10-23; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2014-6, p. 21, §1; Act 2019-507, §1; Act 2021-364, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-19 - Statements Required From Persons or Entities Supplying Election Materials; Return of Unused Election Materials.

Section 17-11-19
Statements required from persons or entities supplying election materials; return of unused election materials.
Each person, firm, or entity supplying to any county or municipality any absentee affidavit envelopes, absentee ballots, or other absentee election materials in connection with any primary, general, special, or municipal election shall, at the time of the shipment or delivery of the same, provide to the county or municipality, and to the Secretary of State, an itemized and signed statement showing a description and the quantity of each item so shipped or delivered. Upon the conclusion of the election, the absentee election manager shall return all unused absentee election materials to the sheriff of the respective county along with an itemized, signed statement showing the description and quantity of each item of absentee election material not utilized by the county or municipality in the election then concluded, and the unused absentee election materials shall be maintained for the period of time prescribed by applicable law and, in no event, less than 18 months.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §10; §17-10-24; amended and renumbered by Act 2006-570, p. 1331, §52; Act 2019-507, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-40 - Definitions.

Section 17-11-40
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) COMMITTEE. The Alabama Electronic Overseas Voting Advisory Committee.
(2) OVERSEAS VOTER. Includes all of the following:
a. A member of the uniformed services while in the active service, or an eligible spouse or dependent of such a member, who is a permanent resident of the state and is temporarily residing outside of the territorial limits of the United States and the District of Columbia, who is qualified and registered to vote as provided by law.
b. A member of the Merchant Marine of the United States, or an eligible spouse or dependent of such a member, who is a permanent resident of the state and is temporarily residing outside of the territorial limits of the United States and the District of Columbia, who is qualified and registered to vote as provided by law.
c. Any other citizen of the United States who is a permanent resident of the state and is temporarily residing outside of the territorial limits of the United States and the District of Columbia, who is qualified and registered to vote as provided by law.
(Act 2011-619, p. 1417, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-41 - Alabama Electronic Overseas Voting Advisory Committee.

Section 17-11-41
Alabama Electronic Overseas Voting Advisory Committee.
(a) The Alabama Electronic Overseas Voting Advisory Committee is created to determine whether secure electronic means may be established for conducting absentee voting for overseas voters and to advise and assist the office of the Secretary of State in the establishment, testing, and implementation of absentee overseas balloting by secure electronic means.
(b) The membership of the committee shall include all of the following:
(1) The Secretary of State as chair.
(2) A representative of the Alabama Sheriff's Association appointed by that association.
(3) A representative of the Alabama Probate Judge's Association appointed by that association.
(4) A representative of the Alabama Circuit Clerks Association appointed by that association.
(5) A representative of the Alabama National Guard appointed by the Adjutant General.
(6) The Chair of the Senate Constitution, Campaign Finance, Ethics, and Elections Committee.
(7) The Chair of the House Constitution and Elections Committee.
(8) A representative of the county boards of registrars appointed by the Secretary of State.
(9) A representative of the Association of County Commissions of Alabama appointed by that association.
(10) One person appointed by the Governor.
(11) One person appointed by the Attorney General.
(12) The Director of the Alabama State Department of Veterans Affairs.
(13) The Executive Director of the Veterans of Foreign Wars for the State of Alabama.
(c) The membership of the committee shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The committee shall annually report to the Legislature by the second legislative day of each regular session the extent to which the committee has complied with the diversity provisions provided for in this article. Members of the committee shall be appointed July 9, 2011, and shall serve without compensation but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties.
(d) The chair of the committee shall convene an organizational meeting of the committee by July 24, 2011.
(e) For the purposes of this committee, eight members present at a meeting shall constitute a quorum.
(Act 2011-619, p. 1417, §2.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-43 - Request for Overseas Ballot.

Section 17-11-43
Request for overseas ballot.
(a) In determining the requirements for a request for an overseas absentee ballot, the committee and the Secretary of State shall consider including the following information:
(1) The name of the voter requesting the ballot.
(2) The legal Alabama residence of the voter.
(3) The date of birth of the voter.
(4) One of the following:
a. An APO/FPO or other deliverable overseas address, if the overseas voter requests that the ballot be mailed.
b. A facsimile machine number where return information shall be received, if the overseas voter requests that the ballot be faxed. If the voter requests facsimile transmission, his or her signature is also required.
c. An electronic mail address, if the overseas voter requests that the ballot be transmitted pursuant to electronic mail.
d. A signed application for an electronic ballot if the overseas voter requests that the ballot be transmitted or accessed by other secure electronic means approved by rule of the Secretary of State.
(b) A request for a ballot to be faxed to an overseas voter shall remain valid for 12 months, unless a shorter length of time is requested by the overseas voter.
(c) The absentee election manager and the staff of the absentee election manager shall ensure the confidentiality of all voted ballots, including voted ballots received by facsimile.
(Act 2011-619, p. 1417, §4.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-43.1 - Use of Federal Write-in Absentee Ballots by Overseas Voters.

Section 17-11-43.1
Use of federal write-in absentee ballots by overseas voters.
A person who votes by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, may use a federal write-in absentee ballot as provided in 42 U.S.C. 1973ff-2 for casting his or her vote in any primary, primary runoff, general, or special election for federal, state, or county office or proposed constitutional amendment or other referenda. The Secretary of State may promulgate rules in accordance with the Alabama Administrative Procedure Act to implement this section.
(Act 2014-6, p. 21, §2.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-44 - Receipt of Request.

Section 17-11-44
Receipt of request.
In determining the requirements for receipt of a request for an overseas absentee ballot, the committee and the Secretary of State shall consider verification by the absentee election manager of the information provided, a determination that the overseas voter is qualified and registered to vote in the election, and the provision of:
(1) An absentee ballot.
(2) Instructions for voting.
(3) Instructions for returning the voted ballot.
(4) An overseas voter certificate.
(Act 2011-619, p. 1417, §5.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-45 - Procedudre for Return of Voted Ballot.

Section 17-11-45
Procedudre for return of voted ballot.
The committee and the Secretary of State shall determine the procedures whereby an overseas voter may return a voted ballot.
(Act 2011-619, p. 1417, §6.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-46 - Overseas Voter Certificate.

Section 17-11-46
Overseas voter certificate.
In determining the requirements for an overseas voter certificate, the committee and the Secretary of State shall consider including information including the following:
"OVERSEAS VOTER CERTIFICATE
"I, ______________ (print name), swear or affirm, under penalty of perjury, that:
"1. I am a member of the uniformed services or Merchant Marine on active duty temporarily residing outside the United States; or the eligible spouse or dependent of such a member temporarily residing outside the United States; or a United States citizen temporarily residing outside the United States; and
"2. I am a United States citizen, at least 18 years of age, as of the date of the applicable election, and eligible to vote in the requested jurisdiction; and
"3. I have not been convicted of a disqualifying felony or been adjudicated mentally incompetent or, if I have, my voting rights have been reinstated; and
"4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the United States, except the jurisdiction cited in this voting form.
"In voting, I have marked and sealed my ballot in private and have not allowed any person to observe my marking of the ballot, except for those authorized to assist overseas voters under state or federal law. I have not been influenced in marking my ballot. My signature and date below indicate when I completed this certificate. The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction for perjury.
"Signed: ________________ Date: _____"
(Act 2011-619, p. 1417, §7.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-48 - Processing of Voted Absentee Ballots.

Section 17-11-48
Processing of voted absentee ballots.
The committee and the Secretary of State shall determine the procedures to be followed for the processing of voted absentee ballots received from eligible overseas voters.
(Act 2011-619, p. 1417, §9.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-49 - Witnessing or Notarization of Absentee Ballots.

Section 17-11-49
Witnessing or notarization of absentee ballots.
(a) The Secretary of State is granted authority to adopt requirements related to witnessing or notarization of absentee ballots, voter identification, candidate qualifying, and ballot access procedures, ballot printing, and the application process for absentee balloting in elections for federal, state, county, and municipal offices and constitutional amendments and other referenda to comply with federal law.
(b) The Secretary of State is authorized to extend the deadline for receiving, processing, and counting absentee ballots if absentee ballots are transmitted to qualified absentee voters less than the minimum number of days prior to an election as required by federal law. Absentee election officials utilized for the processing and counting of absentee ballots pursuant to this section shall be appointed in the manner prescribed in Section 17-11-11, and compensated as provided in Section 17-8-12.
(Act 2011-619, p. 1417, §10.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-50 - Emergency Procedures and Rules.

Section 17-11-50
Emergency procedures and rules.
(a) If a national or local emergency or other situation arises that makes substantial compliance with this article impossible or unreasonable, such as a natural disaster or an armed conflict involving the Armed Forces of the United States, or mobilization of those forces including state National Guard and state reserve components, the Secretary of State may prescribe, by emergency orders or rules, any special procedures or requirements necessary to facilitate absentee voting by those directly affected uniformed services or overseas voters who are eligible to vote in this state.
(b) The Secretary of State shall adopt emergency rules under this section pursuant to the emergency rule requirements of Section 41-22-5(b).
(Act 2011-619, p. 1417, §11.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 2 - Overseas Absentee Voting. › Section 17-11-51 - Funding.

Section 17-11-51
Funding.
Notwithstanding any other laws to the contrary, all expenses and costs incurred by the state or any county commission in carrying out the responsibilities and duties required in this article shall be paid by the State of Alabama. All costs associated with this article shall be drawn from funds made available to the Secretary of State under state and federal law to pay all such expenses and costs in all counties regardless of whether a state elective office or referendum appears on the ballot in a particular county.
(Act 2011-619, p. 1417, §12.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-1 - Conclusion of Voting; Locking of Equipment; Certificates of Result.

Section 17-12-1
Conclusion of voting; locking of equipment; certificates of result.
When the time arrives for closing the polls, all qualified voters, who are then waiting within the voting room to vote, shall be permitted by the election officers to do so.
After closing the polls and sealing the required records, the precinct election officials shall follow the manufacturer's instructions to lock the equipment against further voting and to obtain a printout of the votes on each office and question. The first printout shall be torn from the equipment so that all printing during the day, from the initial test before the polls opened through the first printout of results, shall be on one continuous sheet or roll of paper. Then, four other printouts of the results shall be produced and torn out. To each certificate shall be added, if it is not automatically printed, the following information:
(1) The name of the voting place.
(2) The date.
(3) The identifying number (serial number) of the tabulating equipment.
(4) The value of the public counter (indicating the number of votes cast).
(5) The name of each candidate next to the total number of votes cast for that candidate.
(6) The number and short title of each proposition next to the number of votes for and against that proposition.
(7) In general elections only, the number of write-in votes cast in each race on the ballot.
All precinct election officials shall sign each certificate of result.
(Acts 1939, No. 292, p. 443; Code 1940, T. 17, §112; Act 2006-281, p. 496, §1; §17-9-33; amended and renumbered by Act 2006-570, p. 1331, §54; Act 2016-450, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-2 - Statements of Results.

Section 17-12-2
Statements of results.
The authority charged with the holding of an election or primary election shall cause to be prepared a statement of results on a form to be designated by the Secretary of State. The statement of results shall conform with the type of electronic voting machine to be used, and the designating number and letter, if the construction of the electronic voting machine is such as to require a designating number and letter, of each candidate (or proposition) shall be printed next to the candidate's name on the statement of results. The statements of results shall be preserved by the judge of probate for use in the event of contests.
(Acts 1939, No. 292, p. 443; Code 1940, T. 17, §113; §17-9-34; amended and renumbered by Act 2006-570, p. 1331, §54.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-4 - Procedures Upon Malfunction of Equipment.

Section 17-12-4
Procedures upon malfunction of equipment.
If a precinct ballot counter malfunctions, the polls shall remain open and voters shall deposit their ballots in a ballot box or other suitable container. The inspector shall notify the custodian, who shall maintain a public list of all voting places in which equipment failure has occurred. After the polls close, the ballot box shall be opened and the ballots counted either by hand, as described in Sections 17-12-2 and 17-12-6, or by feeding the ballots into an operable hand precinct ballot counter. Poll watchers of opposing interests and members of the media, if any are present, shall be permitted to witness this process. Where precinct counting equipment is programmed to return ballots containing over-votes, any such ballot returned during a post-election count must be counted by hand following the rules for ballots. The results of this hand count shall be added to the certificate of results, and the ballots shall be bound separately and returned with the other ballots.
(Act 2006-570, p. 1331, §55.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-5 - Retest of Equipment.

Section 17-12-5
Retest of equipment.
The judge of probate may order a post-election retest of any precinct ballot counter or memory pack tabulator using the same procedures prescribed for the pre-election test. If the retest shows a malfunction or error in the equipment or its program, the judge of probate shall order a recount at county expense.
(Act 2006-570, p. 1331, §55.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-6 - Counting Upon Close of Polls.

Section 17-12-6
Counting upon close of polls.
Inspectors of elections in the voting places shall, immediately on the closing of the polls, count the votes polled, and no votes shall be counted until the polls are closed.
(Code 1876, §285; Code 1886, §381; Code 1896, §1637; Code 1907, §413; Code 1923, §503; Code 1940, T. 17, §192; §17-13-1; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-7 - Preservation of Ballots by Sheriff.

Section 17-12-7
Preservation of ballots by sheriff.
When no federal elections are on the ballot, the sheriff shall keep the ballots six months in the voted ballot box, without opening or unsealing the voted ballot box, and thereafter destroy the ballots unless within six months the sheriff having them in custody is notified that the election of some officer for which the election was held will be contested, in which case the sheriff must preserve the box containing the ballots cast for such contestant until such contest is finally determined or until such box is demanded by some legally constituted custodian during such contest.
(Code 1907, §417; Code 1923, §507; Code 1940, T. 17, §196; §17-13-5; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-8 - Count of Votes to Be Sealed, Certified, and Delivered to Sheriff; Public Inspection of Results.

Section 17-12-8
Count of votes to be sealed, certified, and delivered to sheriff; public inspection of results.
As soon as the ballots are counted, the inspectors shall ascertain the number of votes received for each person and for what office and shall make a statement of the same in writing, which statement shall be signed by them. They shall also certify in writing on both the clerk's poll list and the voters' poll list, that the poll list is the poll list of the voting places at which they were inspectors, the day and year on which the election was held, and for what offices, which certificates shall be signed by them. The clerk's poll list, as sealed and certified, shall be placed in the records of election containers to be furnished for each voting place. The record of election containers shall be securely sealed and delivered by the precinct returning officer to the sheriff as county returning officer. No later than two hours after the polls are closed, the voting place election results as tabulated by the inspectors shall be posted by the inspectors for public inspection at a place in the county courthouse designated by the judge of probate.
The statement of votes and the poll list delivered to the returning officer of the precinct shall be delivered to the returning officer of the county within two hours of departing the precinct.
(Code 1876, §§287, 289, 4283; Code 1886, §§383, 385, 4182; Code 1896, §§1639, 1641, 4689; Code 1907, §§415, 418, 6786; Code 1923, §§505, 508, 3904; Code 1940, T. 17, §§194, 197, 300; Acts 1996, 2nd Ex. Sess., No. 96-880, p. 1694, §1; Act 2003-339, p. 846, §2; §17-13-6; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-9 - Delivery of Certificates to Judge of Probate; Forwarding to Secretary of State.

Section 17-12-9
Delivery of certificates to judge of probate; forwarding to Secretary of State.
The canvassing board must, as soon as they have ascertained the result of an election, make on forms furnished by the Secretary of State certificates stating the exact number of votes cast in the county by voting place for each person voted for and the office for which such person was voted for, and file the certificates with the judge of probate who must immediately forward such certificate to the Secretary of State.
(Code 1876, §292; Code 1886, §389; Code 1896, §1646; Code 1907, §435; Code 1923, §525; Code 1949, T. 17, §209; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §1; §17-13-7; amended and renumbered by Act 2006-570, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-10 - Posting of Certificate of Result.

Section 17-12-10
Posting of certificate of result.
Immediately after the election the inspectors shall post in front of the polling place a copy of their certificate of the result of the election.
(Code 1907, §355; Code 1923, §445; Code 1940, T. 17, §128; §17-13-8; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-11 - Returns of Election - How Made; Duty of Judge of Probate.

Section 17-12-11
Returns of election - How made; duty of judge of probate.
One copy of the certificate of the result of the election shall be signed by the inspector and enclosed in an envelope, which shall then be securely sealed, and the inspector shall write his or her name across every fold at which the envelope, if unfastened, could be opened. The envelope, with certificate enclosed, shall be at once delivered to the judge of probate in the condition received. The judge of probate shall keep and preserve the same unopened until the canvassing board meets to ascertain the result of the election. In case of loss, mutilation, or absence of the original certificate of the result of the election by the inspectors of any voting place, the envelope shall be opened, and the copy therein shall be accepted as a certificate of the result of the election for that voting place. The judge of probate shall preserve a copy of the sealed election returns as a public record at least one year from the date of the election.
(Code 1907, §366; Code 1923, §456; Code 1940, T. 17, §139; §17-13-10; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-12 - Returns of Election - Sealing, Delivery, and Disposition of Records.

Section 17-12-12
Returns of election - Sealing, delivery, and disposition of records.
After completing and signing the certificate of result, the election officials shall seal the ballots, certificates, and other records as follows:
(1) Where precinct ballot counters are used:
a. The list of registered voters shall be delivered to the judge of probate for transmittal to the board of registrars for use by the board of registrars in updating their records.
b. The ballot accounting certificate and the first copy of the certificates of result shall be placed in an envelope addressed to the judge of probate who shall keep them for public inspection or election contest, or both.
c. All voted ballots shall be placed in a voted ballot box and sealed. All spoiled ballots, unused ballots, and ballot stubs, one copy of the certificate of results, and the clerk's poll list (already sealed in a separate envelope) shall be placed in the records of election container which shall be sealed and signed by all election officials. The inspector shall deliver the sealed memory pack to the judge of probate.
d. Each envelope or container shall be sealed and signed across the seal by the inspectors. On the outside of each envelope the inspectors shall record the voting place and date of the election. The envelopes or containers shall remain unopened and be returned by the inspector immediately in the manner provided by law.
e. The State Records Commission shall develop and keep current a schedule for the retention and disposition of election records for the guidance of the officials to whom these records are sent.
(2) In primary elections, the ballots, certificates, and other records shall be distributed as required in general elections except there shall be one canvassing envelope for each party participating in the primary, and the voters' poll list of each party shall be delivered to the county executive committee of that party to be retained unopened for use in the event of a contest.
(Acts 1971, No. 1725, p. 2887, §§1, 2; §17-13-11; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-13 - Procedure; Improperly Marked Ballots.

Section 17-12-13
Procedure; improperly marked ballots.
Except where precinct ballot counters are used in counting the ballots, the inspector must take the ballots, one by one, from the box in which they have been deposited, at the same time reading aloud the names of the persons voted for and the office for which such persons are voted for; the inspector must separately keep a calculation of the number of votes each person receives and for what office he or she receives them; if the elector has marked more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the elector's choice for any office to be filled, the ballot shall not be counted for such office, but this shall not vitiate the ballot so far as properly marked, nor shall any ballot be rejected for any technical error which does not make it impossible to determine the elector's choice, and nothing in the election law shall be construed so as to prevent any elector from voting for any qualified person other than those whose names are printed on the ballot.
(Code 1852, §222; Code 1867, §264; Code 1876, §286; Code 1886, §382; Code 1896, §1638; Code 1907, §414; Code 1923, §504; Code 1940, T. 17, §193; §17-13-2; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-14 - Ballots to Be Counted, Labeled, Sealed, and Delivered to Returning Officer.

Section 17-12-14
Ballots to be counted, labeled, sealed, and delivered to returning officer.
Except where precinct ballot counters are used, the inspectors must count the ballots deposited in the box, and as soon as all the ballots contained in the box are counted, the inspectors shall roll up the ballots so counted and label the same so as to show for what officer or officers the ballots contained therein were received, and, when so rolled up and labeled, shall be securely sealed; the rejected ballots, if any, shall also be rolled up and labeled as rejected ballots and sealed up as the other parcels; and the packages so sealed up and labeled, together with one poll list, shall also be securely sealed up, shall be returned to and securely fastened up in the box from which such ballots were taken and counted and which shall also be securely sealed and labeled so as to show the nature of its contents and shall be delivered to the sheriff.
(Code 1876, §288; Code 1886, §384; Code 1896, §1640; Code 1907, §416; Code 1923, §506; Code 1940, T. 17, §195; §17-13-4; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-15 - Time and Manner of Canvassing.

Section 17-12-15
Time and manner of canvassing.
On the second Friday next after the election, at the hour of 12:00 noon, the sheriff, in person or by deputy, and the judge of probate and the clerk of the circuit court shall assemble at the courthouse; and if there is no such judge or clerk, or if either of them fails to attend, or if either of them is interested by reason of having been a candidate at such election, his or her place must be supplied by a respectable elector of the county, appointed by the board hereinbefore provided for the appointing of the inspectors in the various voting places for the election, at the time of appointing the election inspectors, and if the appointing board fails to provide for such member or members, or if any member or members as herein provided should fail to attend at the time and place herein mentioned, the sheriff shall supply such deficiency by a respectable elector of the county; and if all such officers are of the same political party, then the sheriff must summon three reputable electors of the county, who are members of the opposite political party who are qualified electors, to attend at such time and place; and, in the presence of such other persons as choose to attend, the board shall make a correct statement from the returns of the votes from the several voting places of the county of the whole number of votes given therein for each officer, and the person to whom such votes were given.
(Code 1876, §291; Code 1886, §387; Code 1896, §1644; Code 1907, §420; Code 1923, §510; Code 1940, T. 17, §199; Act 2003-313, p. 733, §2; §17-14-1; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-16 - Certification of Results.

Section 17-12-16
Certification of results.
Immediately after ascertaining the results of an election for county officers, including members of the House of Representatives of the Legislature, the canvassing board must make in writing a public certification of the result, stating the name of each officer elected and the office to which elected. The certification must be signed by at least two of the members of the canvassing board and must be published by filing the original in the office of the judge of probate, by posting a copy thereof at the courthouse door, and by immediately transmitting a copy to the Secretary of State by fax or electronic transmission. The original certificate shall be recorded by the judge of probate in a book to be provided for the purpose; and the record, or a duly certified copy thereof, shall constitute prima facie evidence of the result of the election and the certification thereof as provided by law.
(Code 1876, §292; Code 1886, §388; Code 1896, §1645; Code 1907, §421; Code 1923, §511; Acts 1931, No. 334, p. 392; Code 1940, T. 17, §200; §17-14-2; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-17 - Canvass of Election Returns by State Officials.

Section 17-12-17
Canvass of election returns by state officials.
All returns of elections required by law to be sent to the Secretary of State must, within 22 days after an election, be opened, counted, and certified in the presence of the Governor, Secretary of State, and Attorney General, or two of them.
(Code 1886, §390; Code 1896, §1647; Code 1907, §422; Code 1923, §512; Code 1940, T. 17, §201; Act 2003-313, p. 733, §2; §17-14-20; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-18 - Governor Proclaims Result of Certain Elections.

Section 17-12-18
Governor proclaims result of certain elections.
Except as to officers provided for in Sections 17-12-16 and 17-12-19, the Governor must immediately declare the results of the election as ascertained in Section 17-12-17 by publishing them in some newspaper at the seat of government.
(Code 1886, §390; Code 1896, §1647; Code 1907, §423; Code 1923, §513; Code 1940, T. 17, §202; §17-14-21; amended and renumbered by Act 2006-570, p. 1331, §56.)