reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-19 - Returns of Election of State Officers.

Section 17-12-19
Returns of election of state officers.
The certificates of the canvassing board forwarded to the Secretary of State as to the election of Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, and Commissioner of Agriculture and Industries must be by the judge of probate forwarded to the Governor for the Speaker of the House at least 10 days before the time fixed for the next meeting of the Legislature and must be by the Governor delivered unopened to the Speaker of the House of Representatives upon his or her election.
(Code 1876, §292; Code 1886, §391; Code 1896, §1648; Code 1907, §424; Code 1923, §514; Code 1940, T. 17, §203; §17-14-22; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-20 - List of Registered Voters Open to Inspection.

Section 17-12-20
List of registered voters open to inspection.
After having ascertained the result of an election, made declarations thereof, and made the certificates provided for in Sections 17-12-9 and 17-12-16, the board of registrars must file the lists of the registered voters in the office of the judge of probate, which shall be open to the inspection of any elector of the county.
(Code 1876, §293; Code 1886, §392; Code 1896, §1649; Code 1907, §425; Code 1923, §515; Code 1940, T. 17, §204; §17-14-23; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-21 - Certificates of Election to Members of Congress and Legislators.

Section 17-12-21
Certificates of election to members of Congress and legislators.
The Secretary of State shall, within 10 days after receiving the returns of election from the judge of probate of each county, furnish, from a count of the actual vote cast, as the same appears by the returns certified to him or her, certificates of election to members of the Legislature and to members of Congress.
(Code 1876, §294; Code 1886, §393; Code 1896, §1650; Code 1907, §426; Code 1923, §516; Code 1940, T. 17, §205; §17-14-24; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-22 - Results of Election of State Officers; Resolution of Tie Votes.

Section 17-12-22
Results of election of state officers; resolution of tie votes.
The Speaker of the House of Representatives shall, within the first five days of the session of the Legislature, in the presence of a majority of the members of the Legislature, open the returns furnished under Section 17-12-19, ascertain and proclaim the result of such election, after which such returns shall be filed and kept in the office of the Secretary of State, subject to the inspection of any elector of the state. The person having the highest number of votes for either of the offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes for the same office, the Legislature, by joint vote, without delay, shall choose one of the persons for the office. The duty of the speaker and of the joint conventions, under this section, shall be purely ministerial.
(Code 1876, §295; Code 1886, §394; Code 1896, §1651; Code 1907, §427; Code 1923, §517; Code 1940, T. 17, §206; §17-14-25; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-23 - How Tie Vote Decided.

Section 17-12-23
How tie vote decided.
THIS SECTION WAS AMENDED BY ACT 2022-337 IN THE 2022 REGULAR SESSION, EFFECTIVE APRIL 13, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
In all elections where there is a tie between the two highest candidates for the same office, for all county or precinct offices, it shall be decided by lot by the judge of probate of the county in the presence of the candidates; and in the case of the office of circuit judge, senator, representative, or any state officer not otherwise provided for, the Secretary of State shall, in the presence of the Governor, and such other electors as may choose to be present, decide the tie by lot.
Any judge of probate who is a candidate in the race in which there is a tie or openly participated in the promotion of candidates in the election which resulted in a tie shall not decide the outcome of the election. The presiding circuit court judge in the county shall replace the probate judge and break the tie by lot.
(Code 1876, §297; Code 1886, §395; Code 1896, §1652; Code 1907, §428; Code 1923, §518; Code 1940, T. 17, §3; §17-1-3; amended and renumbered by Act 2006-570, p. 1331, §56; Act 2022-337, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-24 - Penalty for Failure to Make Returns.

Section 17-12-24
Penalty for failure to make returns.
If any officer required to make returns of any election to the Secretary of State or to the Speaker of the House of Representatives fails to make such returns within the time prescribed, he or she forfeits to the state five hundred dollars ($500), recoverable by motion to be made by the district attorney of the proper circuit, in the name of the state in the circuit court of the county of such officer required to make the returns, upon three days' notice of such motion; and the certificate of the Secretary of State or of the Speaker of the House of Representatives, as the case may be, setting forth that such return has not been received is presumptive evidence of the failure of such officer to make such return.
(Code 1852, §357; Code 1867, §406; Code 1876, §3372; Code 1886, §448; Code 1896, §1665; Code 1907, §433; Code 1923, §523; Code 1940, T. 17, §207; §17-14-26; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 12 - Canvassing Returns/declaring Results. › Section 17-12-25 - Notice of Failure to Make Return.

Section 17-12-25
Notice of failure to make return.
Whenever the return of any officer, required to be made to the Secretary of State or to the Speaker of the House of Representatives, is not received within the time prescribed, the Secretary of State or Speaker of the House of Representatives must give notice thereof to the district attorney of the proper circuit and furnish the district attorney with the certificate specified in Section 17-12-24.
(Code 1852, §358; Code 1867, §407; Code 1876, §3373; Code 1886, §449; Code 1896, §1666; Code 1907, §434; Code 1923, §524; Code 1940, T. 17, §208; §17-14-27; amended and renumbered by Act 2006-570, p. 1331, §56.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-1 - "Primary Election" Defined.

Section 17-13-1
"Primary election" defined.
A primary election, including a separate and special presidential preference primary election, within the meaning of this chapter, is an election held by the qualified voters who are members of any political party, for the purpose of nominating a candidate or candidates for public or party office.
(Acts 1975, No. 1196, p. 2349, §1; Act 2006-634, p. 1731, §1; §17-16-1; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-2 - Applicability of Chapter; Applicability of General Election Laws to Primary Elections.

Section 17-13-2
Applicability of chapter; applicability of general election laws to primary elections.
All primary elections held by any political party in this state for the nomination of any state, national, district, circuit, county, or municipal officer shall be held and conducted under the provisions of this chapter and, except as herein modified, shall be held and conducted in the same manner and form, under the same requirements and subject to the same forfeitures, penalties, and punishments as are now or shall hereafter be provided by law for the holding of regular state elections, but nothing herein contained shall make it obligatory upon any political party or parties to hold a primary election.
(Acts 1975, No. 1196, p. 2349, §4; §17-16-4; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-3 - Time and Place for Holding Primary Elections.

Section 17-13-3
Time and place for holding primary elections.
(a) Except as otherwise provided in subsections (b) and (d), primary elections held at the expense of the state or counties shall be held on the fourth Tuesday in May. When necessary, as provided in this chapter, a second or runoff primary election shall be held on the fourth Tuesday following the primary election. Any second primary shall be held by the same election officers who held the first primary election, and be held at the same places as the first primary election. No primary election shall be held by any political party except as provided in this subsection. Primary elections shall be held at the regular polling places established for the purpose of holding general elections.
(b) In years in which a presidential primary is conducted, the primary election shall be the first Tuesday in March.
(c) Notwithstanding any other provision of law, in any year in which the primary election is held in March and the primary election is held in conjunction with the presidential preference primary election, as provided in this section and Section 17-13-100, any reference in any existing statutes to a primary election being held in June or May shall be construed to refer to the primary election in March.
(d) Special primary elections, held at the expense of the state or counties, shall be held following the issuance of a proclamation by the Governor or as otherwise provided by law. When necessary, as provided in this chapter, a second or runoff special primary election shall be held on the fourth Tuesday following the special primary election. Any second special primary election shall be held by the same election officers who held the first special primary election, and be held at the same places as the first special primary election. No special primary election shall be held by any political party, except as provided in this subsection. Special primary elections shall be held at the regular polling places established for the purpose of holding general elections.
(Acts 1975, No. 1196, p. 2349, §5; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; Acts 1978, No. 691, p. 994, §16; Acts 1979, No. 79-800, p. 1463, §1; Acts 1985, No. 85-389, p. 344; Acts 1990, No. 90-699, p. 1359, §1; Act 2006-354, p. 937, §1; Act 2006-634, p. 1731, §1; §17-16-6; amended and renumbered by Act 2006-570, p. 1331, §59; repealed by Act 2007-461, p. 965, §1; added by Act 2007-461, p. 965, §2; Act 2011-566, p. 1142, §§1, 2; Act 2015-239, p. 699, §1; Act 2019-318, §1; Act 2021-164, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-4 - Payment of Compensation of Officers and Other Expenses of Elections.

Section 17-13-4
Payment of compensation of officers and other expenses of elections.
The compensation of officers and other expenses of any and all primary elections, general or special, held under the provisions of this chapter, shall be paid in the same manner and to the same extent as is or may be provided by law for the payment of the expenses and officers of general elections held under the general election laws of Alabama and shall be paid out of the county treasury in the same manner.
(Acts 1975, No. 1196, p. 2349, §9; §17-16-10; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-5 - Filing of Declaration of Candidacy; Certification of Names of Candidates; Preparation of Ballots; Unopposed Candidates.

Section 17-13-5
Filing of declaration of candidacy; certification of names of candidates; preparation of ballots; unopposed candidates.
(a) All candidates for nomination to public office or for election to party office in the primary election provided for in this chapter shall file their declaration of candidacy with the state party chair if they seek any federal, state, circuit, or district office, or the state Senate, House of Representatives, or any other office that is not a county office not later than 5:00 P.M. 116 days before the date of the primary election. All candidates for nomination or election to a county office shall file their declaration with the county party chair not later than 5:00 P.M. 116 days before the date of the primary election.
(b) The state party chair shall, no later than 5:00 P.M. 82 days before the primary election, certify the names of all primary election candidates, except candidates for county offices, to the Secretary of State. The county party chair shall, not later than 5:00 P.M. 82 days prior to the date of the primary election, certify to the judge of probate the names of all candidates for nomination to county offices or election to county party offices. The Secretary of State shall, not less than 74 days prior to the date of the primary election, certify to the judge of probate of every county in which the election is to be held the names of the opposed candidates for nomination to federal, state, circuit, or district offices, the state Senate, House of Representatives, and all other opposed candidates to public or party office, except candidates for county offices.
(c) The judge of probate of each county shall have the ballots prepared for the primary election. If a legally qualified candidate for nomination to an office is unopposed when the last date for filing declarations of candidacy has passed, his or her name shall not appear on the ballots to be used in the primary election, and he or she shall be the nominee of the party with which he or she has qualified for the office. If a legally qualified candidate for election to a party office is unopposed when the last date for filing declarations of candidacy has passed, his or her name shall not appear on the ballots to be used in the primary election, and he or she shall be declared elected to the party office for which he or she qualified.
(Acts 1975, No. 1196, p. 2349, §10; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; Acts 1986, No. 86-428, p. 791, §6; Acts 1992, No. 92-152, p. 262, §1; §17-16-11; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2014-6, p. 21, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-6 - Only Qualified Candidates to Be Listed on Ballots.

Section 17-13-6
Only qualified candidates to be listed on ballots.
The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office for which he or she is a candidate and unless he or she is eligible to vote in the primary election in which he or she seeks to be a candidate and possesses the political qualifications prescribed by the governing body of his or her political party.
(Acts 1975, No. 1196, p. 2349, §11; §17-16-12; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-7 - Persons Entitled to Vote; Voter to Certify Political Party Preference by Signing Poll List.

Section 17-13-7
Persons entitled to vote; voter to certify political party preference by signing poll list.
(a) All persons who are qualified electors under the general laws of the State of Alabama and who are also members of a political party and entitled to participate in such primary election under the rules of the party shall be entitled to vote therein and shall receive the official primary ballot of that political party, and no other; but every governing body of a party shall have the right, power, and authority to fix and prescribe the political or other qualifications of its own members and shall, in its own way, declare and determine who shall be entitled and qualified to vote in such primary election or to be candidates therein or to otherwise participate in such political parties and primaries. The qualifications of electors entitled to vote in such primary election shall not necessarily be the same as the qualifications for electors entitled to become candidates therein. Nothing herein contained shall be so construed as to prohibit any state executive committee of a party from fixing such qualifications as it may deem necessary for persons desiring to become candidates for nomination to offices at a primary election.
(b) A political party may require all poll lists for primary elections to state at the top thereof that by participating in the primary election a voter shall indicate a preference for the party holding the primary, and will support the nominees of that party in the general election, and that he or she is qualified under the rules of such party to vote in its primary election. No person shall be eligible to participate in the primary unless he or she signs the poll list and thereby certifies to the truth of the statement.
(Acts 1975, No. 1196, p. 2349, §13; §17-16-14; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-7.1 - Persons Entitled to Vote in Primary Runoff Elections

Section 17-13-7.1
Persons entitled to vote in primary runoff elections
(a) If an elector votes in a primary election, he or she may vote in a subsequent primary runoff election only if he or she voted in the primary election of the same political party for which the runoff election is being held.
(b) The Secretary of State shall promulgate rules to implement this section.
(Act 2017-340, §2.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-8 - Ballots, Stationery, and Supplies; Pledge Printed on Ballot; Spoiling of Ballot.

Section 17-13-8
Ballots, stationery, and supplies; pledge printed on ballot; spoiling of ballot.
Separate official ballots and other election stationery and supplies for each political party shall be printed and furnished for use at each election district or precinct and shall be of a different color for each of the political parties participating in such primary election. All ballots for the same political party shall be alike, except as herein otherwise provided, printed in plain type and upon paper so thick that the printing cannot be distinguished from the back. Across the top of the ballot shall be printed the party's emblem, if any, and the words, "Official Primary Election Ballot." Beneath this heading shall be printed the year in which the election is held and the words "Democratic Party" or "Republican Party" or other proper party designation. Each group of candidates to be voted on shall be preceded by the designation of the office for which the candidates seek nomination, and in the proper place shall be printed the words "Vote for one" or "Vote for two" (or more) according to the number to be elected to such office at the ensuing election.
At the option of a political party at the bottom of the ballot and after the name of the last candidate shall be printed the following: "By casting this ballot I do pledge myself to abide by the result of this primary election and to aid and support all the nominees thereof in the ensuing general election."
Should any voter scratch out, deface, or in any way mutilate or change the pledge printed on the ballot, the voter shall not be considered or held to have repudiated or to have refused to take the pledge, but shall, conclusively, be presumed and held to have scratched out, defaced, or mutilated or changed the same for the sole purpose of identifying the ballot; and, accordingly, such ballot shall be marked "spoiled ballot" and shall not be counted.
(Acts 1975, No. 1196, p. 2349, §16; §17-16-18; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-9 - Duty of Judge of Probate to Furnish and Deliver Election Supplies.

Section 17-13-9
Duty of judge of probate to furnish and deliver election supplies.
The judge of probate of each county is hereby required to furnish to the officers of the primary election a copy of the official list of voters of each voting place in the county, of the same kind and in the same manner as the judge of probate is required by law to furnish such list to the officers at any general state election. The judge of probate shall also furnish all necessary election supplies. The judge of probate shall deliver such election supplies and lists to the sheriff of the county not less than three days before the day of the election, and it shall be the duty of the sheriff to deliver the same, together with ballot boxes, to the officers of the election, at the place provided by law for holding the election, and not later than one hour before the polls are scheduled to open on election day.
(Acts 1975, No. 1196, p. 2349, §20; §17-16-22; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-10 - Ballots to Be Secret and Inviolate.

Section 17-13-10
Ballots to be secret and inviolate.
The ballot of every voter shall be kept secret and inviolate.
(Acts 1975, No. 1196, p. 2349, §23; §17-16-25; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-11 - Watchers at Polls.

Section 17-13-11
Watchers at polls.
A candidate who has qualified may have a single watcher in the polling place, to be appointed in writing over his or her own signature, and the appointment shall be presented to and filed with the inspectors. Subsections (b), (c), and (d) of Section 17-8-7 apply to watchers appointed pursuant to this section.
(Acts 1975, No. 1196, p. 2349, §24; §17-16-26; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-12 - Returning Officers.

Section 17-13-12
Returning officers.
The inspector shall perform the duty of precinct returning officer as in general elections, unless someone else has been named and designated as authorized by law. It shall be the duty of the inspector or the duty of such returning officer as may be otherwise legally named and designated, as the case may be, to return and deliver to the sheriff, who is the county returning officer, or the sheriff's designee, at the office of the judge of probate at the county seat or at such other place as designated by the judge of probate, the ballots and returns. The ballots and returns shall not be allowed to leave the county returning officer's possession, except as provided by state and federal law.
(Acts 1975, No. 1196, p. 2349, §26; §17-16-30; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2007-147, p. 180, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-13 - Counting of Votes; Results to Be Posted for Public Inspection.

Section 17-13-13
Counting of votes; results to be posted for public inspection.
(a) At the close of the primary election at each voting place, and nowhere else, the inspectors and clerks shall proceed forthwith, without adjournment, in the manner provided by law in the case of general elections, to count the votes. This section shall not apply to provisional ballots governed by Section 17-10-2.
(b) No later than two hours after the polls are closed, the election results for the voting place as tabulated by the inspectors shall be posted by the inspectors for public inspection at a place in the county courthouse designated by the judge of probate.
(Acts 1975, No. 1196, p. 2349, §27; Act 2003-313, p. 733, §2; Act 2003-339, p. 846, §2; §17-16-31; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-14 - Counting of Ballots; Materials to Be Sealed; Delivery and Retention of Materials; Posting of Certificate of Result.

Section 17-13-14
Counting of ballots; materials to be sealed; delivery and retention of materials; posting of certificate of result.
(a) No ballot shall be counted until the polls are closed; and, before counting any ballot or examining the same, the voters' poll list, as provided in Section 17-9-15, shall be securely sealed in an envelope designated to the appropriate political party chair and the inspector shall write his or her name across every fold at which the envelope, if fastened, could be opened.
After the counting of the votes is finished and certificates of the result have been prepared and signed, the inspector shall seal in a separate voted ballots container all the ballots cast at such election.
The following items shall be placed into a records of election container, which shall then be securely sealed:
(1) One certificate of the results.
(2) The spoiled ballot envelope.
(3) Clerk's poll list.
(4) All partial ballot pads.
(5) Stubs of ballot pads.
The inspector shall also, in an envelope addressed to the chair of the county executive committee or other governing body of each political party participating, seal up the following:
(1) One certificate of the results.
(2) The voters' poll list.
Such envelopes, with those contents therein, together with the voted ballots container, shall thereupon be immediately delivered to the sheriff.
The sheriff or sheriff's designee shall keep the voted ballots container and record of election container securely in his or her possession in accordance with state and federal law. The sheriff shall separately deliver to the chair, or co-chair, of the county executive committee or other governing body of each political party the envelope addressed to the chair, containing the certificate of the results by 10:00 A.M. on the Wednesday following the primary.
(b) Not later than two hours after the polls are closed, the inspector shall also post in a conspicuous place at the polling place, for public inspection there, a copy of the certificate of the result.
(Acts 1975, No. 1196, p. 2349, §28; §17-16-32; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-15 - When Voted Ballots Container and Records of Election Container May Be Opened.

Section 17-13-15
When voted ballots container and records of election container may be opened.
After the result has been canvassed and declared by the county executive committee, the sheriff shall securely keep the voted ballots container and the records of election container in accordance with state and federal law. The voted ballots container and records of election container shall not be opened except in one or the other of the following events:
(1) In the event of a contest, where the opening of the container has been authorized under authority of the chair of the executive committee trying the contest.
(2) Where a container has been returned but no certificate of the result of the election has been sent the chair outside of the container, the container may be opened by the sheriff in the presence of the chairs, or their designees, of the county committees for the political parties participating in the primary election, and the committees, for canvassing purposes, may obtain the result at any particular district, ward, or precinct from the contents of the container, using the certificate of result contained therein, if any, or otherwise, so far as necessary in order to obtain it from the container; after which the papers shall be returned into the container, and the container shall be resealed by the sheriff in the presence of the chairs, or their designees, of the county committees for the political parties participating in the primary election.
(Acts 1975, No. 1196, p. 2349, §29; §17-16-33; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-16 - Public Proclamation of Results of Election; Distribution of Certificates of Results.

Section 17-13-16
Public proclamation of results of election; distribution of certificates of results.
The counting of the ballots having been completed, the results shall be publicly proclaimed. Separate certificates for each of the political parties entering the primary and the results of the election shall be drawn up by the inspector and clerks at each and every voting place, which shall contain all matters and things provided for in the law regulating general elections. The certificates shall be signed by the election workers; one copy of the same shall be forthwith posted in a conspicuous place at such voting place, one copy shall be transmitted to the chair of the county executive committee of each of the political parties in the primary, at such place as the county executive committee of the county shall designate at which to receive such returns, and another copy shall be transmitted to the chairs of the state executive committees of the political parties participating in the primary.
(Acts 1975, No. 1196, p. 2349, §30; §17-16-34; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-17 - Canvass, Tabulation, and Declaration of Results.

Section 17-13-17
Canvass, tabulation, and declaration of results.
The county executive committee of the party or parties participating in the primary election shall meet at the courthouse of its county, not later than noon on Tuesday next following the primary election, and receive the returns, canvass and tabulate the same, by precincts, and publicly declare the results thereof. The chair of each county executive committee shall forthwith and no later than the close of business on the seventh day following the primary election certify and return to the chair of the state executive committee a statement and tabulation, by precincts, of the result of the primary election and of the number of votes received by each candidate therein for office, except candidates for county office. Not later than noon on the Wednesday eight days following such primary election, the state executive committee, or such subcommittee thereof as may have been appointed by the chair thereof for such purpose, shall meet and receive the returns, canvass and tabulate the same by counties, and publicly declare on that day the results thereof as to all candidates for office therein, except candidates for county office, which results shall be final. The state executive committee or such subcommittee as provided in this section shall also provide the Secretary of State with the primary election returns by precincts according to county on a form authorized by the Secretary of State on the Wednesday eight days following the primary election, county and municipal returns excepted.
(Acts 1975, No. 1196, p. 2349, §28; Acts 1979, No. 79-800, p. 1463, §2; Acts 1988, 1st Ex. Sess., No. 88-908, p. 482, §2; Act 2003-313, p. 733, §2; §17-16-35; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2019-318, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-19 - Procedure When One Candidate Declines to Enter Second Primary.

Section 17-13-19
Procedure when one candidate declines to enter second primary.
In the event either of the two candidates receiving the highest number of votes in the first primary election shall determine not to enter the second primary election provided for in this chapter, the candidate, as soon as possible and not more than three days after holding of the first primary election, shall certify his or her declination to enter such second primary election to the chair of the state executive committee of his or her party, if the office is an office other than a county office, or to the chair of the county executive committee of his or her party if the office is a county office. Upon the receipt of such notification, the chair of such committee shall declare the other candidate the nominee of the party for such office and certify his or her name as such nominee to the Secretary of State or the judge of probate, as the case may require, and a second primary election for the nomination of a candidate for that particular office shall not be held.
(Acts 1975, No. 1196, p. 2349, §33; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; §17-16-37; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-20 - Determination of Majority of Votes Cast.

Section 17-13-20
Determination of majority of votes cast.
If a nominee for a single office is to be selected, with more than one candidate, then the majority of votes cast for the office in such election shall be ascertained by dividing the total votes cast for all candidates for the office by two, and any number of votes in excess of one half of such total votes cast for all candidates for such office shall be a majority within the meaning of this section. If nominees for two or more offices, constituting a group, are to be selected and there are more candidates for nomination than there are such offices, then the majority of votes cast for the office in such election shall be ascertained by dividing the total votes cast for all such candidates by the number of positions to be filled, and then dividing the result by two. Any number of votes in excess of the number ascertained by such last division shall be the majority herein provided for necessary for nomination. If, in ascertaining the result in this way, it appears that more candidates have obtained this majority than there are positions to be filled, then those having the highest vote, if beyond the majority just defined, shall be declared the nominees for the positions to be filled.
(Acts 1975, No. 1196, p. 2349, §34; §17-16-38; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-21 - Tie Votes.

Section 17-13-21
Tie votes.
If, in any primary election held under the provisions of this chapter, there shall be a tie vote cast, then such tie shall be decided by the chair of the state executive committee, if the office is an office other than a county office, and by the chair of the county executive committee, if the office is a county office.
(Acts 1975, No. 1196, p. 2349, §35; §17-16-39; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-22 - Certification of Nominees to Judge of Probate.

Section 17-13-22
Certification of nominees to judge of probate.
The Secretary of State shall, not later than 74 days before the general election, certify to the judge of probate of each county in the state a separate list of nominees of each party for office and for each candidate who has requested to be an independent candidate and has filed a written petition in accordance with Section 17-9-3, except nominees for county offices, to be voted for by the voters of such county.
(Acts 1975, No. 1196, p. 2349, §36; Acts 1995, No. 95-786, p. 1872, §1; §17-16-40; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2014-6, p. 21, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-23 - Filling of Vacancies in Nominations.

Section 17-13-23
Filling of vacancies in nominations.
The state executive committee, in cases where the office to be filled is not a county office, and the county executive committee, in cases where the office to be filled is a county office, but subject to the approval of and in accordance with the method prescribed by the state executive committee, where a vacancy may occur in any nomination, either by death, resignation, revocation, or otherwise, or in case of any special election, may fill such vacancy, either by action of the committee itself or by such other method as such committee may see fit to pursue. The respective state or county executive committee shall file with the Secretary of State, for a state or federal office, or with the judge of probate, for a county office, the name of the candidate to fill such vacancy not later than 76 days before the election.
(Acts 1975, No. 1196, p. 2349, §37; §17-16-41; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2014-6, p. 21, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-24 - Voting More Than Once.

Section 17-13-24
Voting more than once.
Any voter in this state who votes more than once, or attempts to vote more than once, in any primary election held in this state, or who votes in both this state and another state or territory in the same or equivalent election, shall be punished in the same manner as provided for voting or attempting to vote more than once in a general election as provided in Section 17-17-36.
(Acts 1927, No. 130, p. 89; Code 1940, T. 17, §410; §17-16-51; amended and renumbered by Act 2006-570, p. 1331, §59; Act 2021-448, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-25 - Changing or Altering Returns of Primary Elections.

Section 17-13-25
Changing or altering returns of primary elections.
Any person who shall change or in any wise alter the returns of any primary election, or remove the copy of the returns posted at any polling place before the result of the election is announced by the committee or governing authority, shall be punished in the same form and manner as provided by the general law for the punishment of any person who changes or in any wise alters the returns of the regular state elections.
(Code 1907, §6824; Code 1923, §3947; Code 1940, T. 17, §401; §17-16-52; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 1 - General Provisions. › Section 17-13-26 - Additional Duties of Sheriff, Chief of Police, Etc.

Section 17-13-26
Additional duties of sheriff, chief of police, etc.
The sheriff of each county on the day of such primary election shall be present in person or by deputy at each election precinct or voting district where such elections are held, and shall preserve good order. All duties imposed and powers conferred upon the sheriff in county and district elections by this section are imposed and conferred on the marshal or chief of police in all municipal primary elections.
(Acts 1915, No. 78, p. 218; Code 1923, §3953; Code 1940, T. 17, §407; §17-16-56; amended and renumbered by Act 2006-570, p. 1331, §59.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 2 - Political Parties. › Section 17-13-40 - "Political Party" Defined.

Section 17-13-40
"Political party" defined.
An assemblage or organization of electors which, at the general election for state and county officers then next preceding the primary, casts more than 20 percent of the entire vote cast in any county is hereby declared to be a political party within the meaning of this chapter within such county; and an assemblage or organization of electors which, at the general election for state officers then next preceding the primary, casts more than 20 percent of the entire vote cast in the state is hereby declared to be a political party within the meaning of this chapter for such state.
(Acts 1975, No. 1196, p. 2349, §2; §17-16-2; amended and renumbered by Act 2006-570, p. 1331, §61.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 2 - Political Parties. › Section 17-13-41 - Determination of Total Vote of Political Party.

Section 17-13-41
Determination of total vote of political party.
In determining the total vote of a political party whenever required by this chapter, the test shall be the total vote received by a candidate of that party who received the highest vote total of any of the candidates of that party.
(Acts 1975, No. 1196, p. 2349, §3; §17-16-3; amended and renumbered by Act 2006-570, p. 1331, §61.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 2 - Political Parties. › Section 17-13-42 - Political Parties May Elect Whether to Participate in Primary Elections.

Section 17-13-42
Political parties may elect whether to participate in primary elections.
Primary elections are not compulsory. A political party may, by its state executive committee, elect whether it will come under the primary election law. All political parties are presumed to have accepted and come under the provisions of the primary election law, but any political party may signify its election not to accept and come under the primary election law by filing with the Secretary of State, at least 60 days before the date herein fixed for the holding of any general primary election, a statement of the action of its state executive committee, certified by its chair and secretary, which statement shall contain a copy of the resolution or motion adopted declining to accept and come under the primary election law. If a political party declines to accept and come under the primary election law, it shall not change its action and accept and come under the primary election law until after the next general election held thereafter. The governing body of a political party may determine from time to time what party officers shall be elected in the primary; provided, that candidates for all party offices shall be elected under the provisions of this chapter unless the method of their election is otherwise directed by the governing body of the party involved.
(Acts 1975, No. 1196, p. 2349, §1; §17-16-5; amended and renumbered by Act 2006-570, p. 1331, §61.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 2 - Political Parties. › Section 17-13-43 - Selection of Delegates to National Conventions by Political Parties.

Section 17-13-43
Selection of delegates to national conventions by political parties.
Political parties may provide for the selection of delegates to national conventions by the holding of a presidential preference primary or by popular election of the delegates or otherwise. In the event a presidential preference primary is called by the governing body of any party, notice of such action shall be given to the Secretary of State as part of the notice required by Section 17-13-46. The notice shall prescribe the procedure for the listing of the names of presidential candidates on the primary ballot and for the selection of delegates pledged under party rules to vote for the respective presidential candidates. A presidential preference primary, when called, shall appear in the first or top position on the primary ballot. When no presidential preference primary is to be utilized, delegates may be elected in the primary election in the same manner as other party officers; except, that subject to such rules and procedures as the respective political parties may adopt, any delegate candidate may be permitted to list opposite his or her name on the primary ballot the surname of the presidential candidate to whom he or she is pledged or the word "uncommitted." When delegates are to be so elected, the candidates for such position or positions shall appear in the first or top position on the primary ballot.
(Acts 1975, No. 1196, p. 2349, §6; §17-16-7; amended and renumbered by Act 2006-570, p. 1331, §61.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 2 - Political Parties. › Section 17-13-44 - Party Committees for State and Political Subdivisions.

Section 17-13-44
Party committees for state and political subdivisions.
There may be provided a committee of each party for the state and each political subdivision of the state, including counties, the committees to be selected in such manner as may be provided for by the governing authority of each party, but if there shall not be elected or chosen any committee for any county or other political subdivision, then all the powers which could be exercised by any such committee shall be vested in the state executive committee, under such rules and regulations as the governing body of the party may designate, or the state committee or the chair thereof may appoint a county committee to act until such a committee is elected or chosen as provided by law or party rule. When a state executive committee of a party is provided, the state executive committee shall be the governing body of the party within the meaning of this chapter; except, that it may delegate to county executive committees authority over the conduct of party affairs within the respective counties, including authority over the conduct of primary elections within the respective counties.
(Acts 1975, No. 1196, p. 2349, §7; §17-16-8; amended and renumbered by Act 2006-570, p. 1331, §61.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 2 - Political Parties. › Section 17-13-45 - Provision for Election of Members of State Executive Committees.

Section 17-13-45
Provision for election of members of state executive committees.
The state or county executive committee of any political party may, by a majority vote of the committee, require that members of the committee be elected by the qualified electors of such political party. If such committee adopts an appropriate resolution requiring that such members be so elected, such election shall be held on the same ballot as the gubernatorial primary election. When members of county or state executive committees are to be elected in a primary, their declarations of candidacy shall be filed in the same manner and within the same time as candidates for nomination for public office.
(Acts 1975, No. 1196, p. 2349, §8; §17-16-9; amended and renumbered by Act 2006-570, p. 1331, §61.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 13 - Primary Elections. › Article 2 - Political Parties. › Section 17-13-46 - Notice by Governing Body of Political Party of Desire to Enter Primary.

Section 17-13-46
Notice by governing body of political party of desire to enter primary.
When the governing body of any political party desires to enter the primary election ordered to be held under this chapter, the governing body for the state shall give public notice thereof by filing a copy of the resolution of such governing body with the Secretary of State of Alabama. Such notice may be given to the Secretary of State by the chair of the county executive committee where the primary election affects only one county, and a copy of such notice shall be filed with the judge of probate of such county.
(Acts 1975, No. 1196, p. 2349, §12; §17-16-13; amended and renumbered by Act 2006-570, p. 1331, §61.)