reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-21 - Requirements for Approval of System.

Section 17-7-21
Requirements for approval of system.
(a) The governing body of any county or municipality or other political subdivision of the state by adoption of an appropriate resolution, may authorize, adopt, and direct the use of electronic vote counting systems for use in all elections held in such county or municipality or other political subdivision or any portion thereof; and such resolution, a copy of which shall be filed with the Secretary of State, shall specify the particular type of equipment to be used and a procedure for implementation.
(b) Notwithstanding subsection (a), no electronic vote counting system shall be used unless it has been constructed so that it:
(1) Permits and requires voting in secrecy.
(2) Permits each elector to vote at any election for all persons and offices for whom and for which he or she is lawfully entitled to vote; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote.
(3) Permits the voter at other than primary elections to vote a straight political party ticket in one operation.
(4) Permits such automatic tabulating equipment to be set to reject all votes for any office or question when the number of votes therefor exceeds the number which the voter is entitled to cast or when the voter is not entitled to cast a vote for the office or question.
(5) Is capable of correctly counting votes.
(6) When used in primary elections, counts only votes for the candidates of one party, rejects all votes for an office when the number of votes therefor exceeds the number which the voter is entitled to cast, and rejects all votes of a voter cast for candidates of more than one party.
(7) At presidential elections, permits each elector, by one operation, to vote for all presidential electors of a party or independent candidates for president or vice president.
(8) Provides a method for write-in voting.
(9) Is capable of accumulating a count of the specific number of ballots tallied for a precinct; accumulating total votes by candidate for each office; and accumulating total votes for and against each question for such precinct.
(10) Is capable of tallying votes from ballots of different political parties from the same precinct, in the case of a primary election.
(11) Is capable of automatically producing precinct vote totals in printed, marked, or punched form, or a combination thereof.
(12) Is capable of accurately and correctly tabulating each vote and having the same so certified.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §3; §17-24-3; amended and renumbered by Act 2006-570, p. 1331, §39.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-22 - Electronic Voting Committee.

Section 17-7-22
Electronic Voting Committee.
There is hereby created the Alabama Electronic Voting Committee which shall consist of five members. The committee shall consist of a representative appointed by the Secretary of State, a representative appointed by the Attorney General, and one judge of probate who shall be recommended by the Alabama Probate Judges Association and appointed by the Chief Justice of the Supreme Court and shall serve without pay or reimbursement for expenses. Additionally, one member from the House of Representatives and one member from the Senate, to be appointed by the presiding officer of each house who shall be entitled to his or her regular legislative compensation, his or her per diem and travel expenses for each day he or she attends a meeting of the committee which shall be paid out of any funds appropriated to the use of the Legislature, upon warrants drawn on the state Comptroller upon requisitions signed by the committee's chair; provided, however, that members shall not receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance of other state business. The judge of probate shall be chair. The committee shall meet at the call of the chair or any three members.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §4; Act 99-663, 2nd Sp. Sess., p. 121, §1; §17-24-4; amended and renumbered by Act 2006-570, p. 1331, §39.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-24 - Report of Certification or Rejection to Be Issued.

Section 17-7-24
Report of certification or rejection to be issued.
Examinations shall be conducted and a report of certification or rejection issued within 90 days following request by vendor or company.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §6; §17-24-6; amended and renumbered by Act 2006-570, p. 1331, §39.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-25 - Implementation of Article.

Section 17-7-25
Implementation of article.
(a) It shall be the duty of the committee to recommend procedures to be implemented by the Secretary of State under the Administrative Procedure Act where appropriate to achieve and maintain the maximum degree of correctness and impartiality of voting, counting, tabulating, and recording votes, by electronic vote counting systems provided by this article.
(b) To the extent practicable, statutes and procedures implemented by the Secretary of State pursuant to this chapter shall apply in all municipal elections that are conducted using automatic tabulating equipment or an electronic official vote counting system. The duties assigned in the rules and statutes to a state or county election official shall be performed by the corresponding municipal official. Where there is no corresponding municipal official, the duties shall be performed by the municipal clerk or other election official appointed by the municipal governing body where the clerk is ineligible to perform these duties. Where the rules or statutes refer to a statutory provision or act that conflicts with a statutory provision or act specifically applicable in municipal elections, the provision governing municipal elections shall prevail.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §7; §17-24-7; amended and renumbered by Act 2006-570, p. 1331, §39; Act 2010-687, p. 1660, §2.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-26 - Limitation on Committee's Authority.

Section 17-7-26
Limitation on committee's authority.
The authority of the Alabama Electronic Voting Committee relative to voting equipment shall be limited to the electronic vote counting equipment authorized under the provisions of this article and such committee shall have no authority to examine, approve, disapprove, or otherwise affect the use of other voting equipment.
(Acts 1983, 2nd Ex. Sess., No. 83-200, p. 374, §12; §17-24-11; amended and renumbered by Act 2006-570, p. 1331, §39.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-27 - Secretary of State May Implement Uniform System of Electronic Voting in Certain Counties.

Section 17-7-27
Secretary of State may implement uniform system of electronic voting in certain counties.
The Secretary of State may implement a uniform system of electronic voting in any county participating in the pilot project for establishing a uniform system of electronic voting provided for in Act 91-562. The Secretary of State may provide through the pilot project for the administration and educational support of a uniform system to enable counties to immediately and electronically obtain all vote totals and to enable a county to immediately transfer by electronic means all election vote totals, and other totals from a participating county directly to the office of the Secretary of State on a timely and economic basis.
(Acts 1993, No. 93-766, p. 1531, §1; §17-24-20; amended and renumbered by Act 2006-570, p. 1331, §39.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-28 - Counties Participating in Project May Be Eligible to Receive State Funding.

Section 17-7-28
Counties participating in project may be eligible to receive state funding.
Any county participating in the pilot project may be eligible to receive funding from the state for 50 percent of the costs to lease purchase an electronic voting system for a period of not to exceed eight years from funds appropriated for election purposes which may accrue from savings in administrative and printing expense through the use of electronic voting. The Secretary of State may use as a guideline in determining the funds available for state reimbursement for the pilot project to a participating county the amount of the state reimbursement to the counties for election purposes and printing costs who had leased election systems during the 1988, 1990, and 1992 election years. Any county participating in the pilot project may receive funding from the state for 50 percent of the annual county lease purchase payment for the electronic system in lieu of reimbursement to the county for future voting machine ballot printing costs.
(Acts 1993, No. 93-766, p. 1531, §2; §17-24-21; amended and renumbered by Act 2006-570, p. 1331, §39.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 7 - Electronic Voting Machines. › Section 17-7-29 - Secretary of State May Provide for Orderly Acceptance of Counties Requesting to Participate; Reimbursement.

Section 17-7-29
Secretary of State may provide for orderly acceptance of counties requesting to participate; reimbursement.
After the establishment of the uniform system of electronic voting through the implementation of the pilot project, the Secretary of State may provide for the orderly acceptance of counties requesting to participate in the state uniform system. The Secretary of State may establish a list of counties requesting to participate in the state uniform system based on the order of receipt of the resolution of a county governing body. After the Secretary of State has accepted a county in the state uniform system, a county may be eligible for reimbursement of 50 percent of the costs of a lease purchase agreement or contract of not more than eight years in length to purchase an electronic voting system established by the pilot project. A county may be eligible for reimbursement only after the receipt of a voucher from the county governing body with a copy of a lease purchase agreement or contract meeting the specifications of this article attached. The state may continue to annually reimburse the county for 50 percent of the lease purchase agreement or contract which payment may be in lieu of voting machine ballot printing costs payments by the state to the participating county in the future.
(Acts 1993, No. 93-766, p. 1531, §3; §17-24-22; amended and renumbered by Act 2006-570, p. 1331, §39.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-2 - Notice of Appointment.

Section 17-8-2
Notice of appointment.
The judge of probate shall notify such inspector and clerk of their appointment by mail and publish a list of them in a newspaper of general circulation published in the county.
Code 1907, §348; Code 1923, §438; Code 1940, T. 17, §121; §17-6-2; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-2.1 - Political Parties Not Included on Ballot Unless Requirements Met.

Section 17-8-2.1
Political parties not included on ballot unless requirements met.
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-6-22 BY ACT 2006-570.
(Acts 1982, No. 82-572, p. 1064, §§1, 2; Acts 1995, No. 95-786, p. 1872, §1; Act 2001-1131, 4th Sp. Sess., p. 1211, §2.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-3 - When Officers Ineligible to Serve on Appointing Board.

Section 17-8-3
When officers ineligible to serve on appointing board.
When the judge of probate, sheriff, or clerk of the circuit court is a candidate for election to any office at that election and has opposition named on the ballot, he or she shall not serve on the appointing board. The judge of probate, as the chief election official for the county, shall certify to the qualified members of the appointing board the fact of the candidacy of any member of the appointing board immediately after the certificate of nomination, or petition, as provided in Section 17-9-3, is filed.
(Code 1907, §§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326; §17-6-3; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-4 - Replacement of Ineligible Member of Appointing Board.

Section 17-8-4
Replacement of ineligible member of appointing board.
Upon receiving the certificate provided for in Section 17-8-3, the remaining members of the appointing board shall forthwith and without delay appoint a qualified elector to take the place of each member of the appointing board who is a candidate for election, and shall cause the elector so appointed to be informed of his or her appointment. No person shall be appointed who is a candidate for any office to be voted for in that election. If the remaining members of the appointing board are unable to agree as to who should take the place of an appointing board member who is a candidate for election or if all members of the appointing board are unable to serve, the presiding circuit court judge shall make the appointment.
The person so appointed shall perform all the duties and be vested with all the powers of the regular members of the appointing board, and shall take an oath to faithfully perform his or her duties.
(Code 1907, §350; Code 1923, §440; Code 1940, T. 17, §123; §17-6-4; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-5 - Political Parties Furnish Lists From Which Appointments Are Made.

Section 17-8-5
Political parties furnish lists from which appointments are made.
(a) Each political party or organization having made nominations, by the chair of its state or county executive committee or nominees for office may furnish the appointing board a list of names of recommended precinct election officials from qualified electors for each county not later than 45 days before the election. From the lists provided, one inspector and at least three clerks shall be appointed for each county from members of opposing political parties, if practicable. If there are more than two lists filed, the appointments shall be made from the lists presented by the two political parties having received the highest number of votes in the state in the next preceding regular election, if each of the parties presents a list.
(b) If no lists are furnished, the appointing board shall appoint an inspector and at least three clerks for each voting place from the qualified electors of the county from members of opposing political parties, if practicable.
(Code 1896, §1595; Code 1907, §352; Code 1923, §442; Code 1940, T. 17, §125; §17-6-6; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2021-377, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-6 - Failure of Election Officials to Attend.

Section 17-8-6
Failure of election officials to attend.
ion official to attend at the hour of 7:00 a.m., the precinct election officials as may be present may complete the number. If the inspector appointed is not present, the other precinct election officials present shall choose one of their number to serve as inspector and shall appoint from the qualified electors, who are entitled by law to vote in that county at the election then to be held, such clerks as may be necessary to complete the requisite number of precinct election officials. If there are no precinct election officials present at the polling place by the hour of 7:00 a.m., then any four qualified electors who are entitled by law to vote in that county at the election then to be held may open the polls and act as precinct election officials for the voting place during the absence of an appointed precinct election official.
(Code 1876, §262; Code 1886, §355; Code 1896, §1591; Code 1907, §§359, 6814; Code 1923, §§449, 3932; Code 1940, T. 17, §§132, 327; §17-6-7; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2021-377, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-7 - Poll Watchers.

Section 17-8-7
Poll watchers.
(a) Except in the case of municipal elections, each political party or organization having candidates nominated, by a writing submitted to the inspector by the chair of the county executive committee or nominees for office or beat committeeman, may appoint a watcher for each voting place. In the event of an election in which there are no candidates, each political party, through a writing submitted to the inspector by the chair of the county executive committee, may appoint a watcher for each voting place.
(b) Watchers shall have the right to:
(1) Observe the conduct of the election.
(2) Monitor the preliminaries of opening the polls.
(3) Remain at the polling place throughout the election until the results of the election have been posted and the voting machines sealed, as provided by law.
(4) Observe the ballots as they are counted.
(5) Observe absentee ballots and affidavits when they are called during the count.
(6) See all oaths administered and signed, the record of assisted voters, the list of qualified voters, the poll lists, and any and all records made in connection with the election.
(c) Each watcher shall be sworn to faithfully observe the rule of law prescribed for the conduct of elections. Watchers may be present to be sworn in with the precinct election officials, or as time allows, but so as not to interfere with the election. Each watcher shall be a resident and qualified elector of the State of Alabama. Election officials, including returning officers, may not serve as poll watchers.
(d) A watcher may not disturb voters, attempt to influence voters, campaign, or display or wear any campaign material or buttons while inside any polling place.
(Code 1907, §353; Code 1923, §443; Code 1940, T. 17, §126; Act 2000-698, p. 1420, §1; Act 2003-400, p. 1150, §1; §17-6-8; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-8 - Oaths of Election Officials.

Section 17-8-8
Oaths of election officials.
Before entering upon their duties, precinct election officials must take an oath to perform their duties at the election according to law, and such oath may be administered by any person authorized by law to administer oaths or by any inspector.
(Code 1852, §202; Code 1867, §244; Code 1876, §265; Code 1886, §358; Code 1896, §1597; Code 1907, §369; Code 1923, §459; Code 1940, T. 17, §142; §17-6-10; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-9 - Instruction of Election Officials.

Section 17-8-9
Instruction of election officials.
(a) Not less than five days before an election or primary election, the authority charged with holding the same shall cause to be held a school of instruction for those who will actually conduct the election or primary election at the polling places. The judge of probate shall notify such election officials of the time and place of the holding of such school of instruction, and shall also publish notice at least 48 hours before the same is to be held.
(b) No election official shall serve in any election in which an electronic voting machine is used, unless he or she shall have received such instruction within 60 days prior to the election and is fully qualified to perform the duties in connection with the electronic voting machine, and has received a certificate from the authorized instructor to that effect; provided, that this shall not prevent the appointment of an uninstructed person as an election official to fill a vacancy among the election officials.
(Act 2006-372, p. 968, §2; §17-6-18; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-10 - Returning Officer.

Section 17-8-10
Returning officer.
The sheriff of each county or the person discharging the duties of such office is the returning officer for the county.
The inspector for each voting place is charged with the duty of returning the ballots and sealed election materials from the voting place to the county returning officer.
(Code 1876, §260; Code 1886, §353; Code 1896, §1589; Code 1907, §356; Code 1923, §446; Code 1940, T. 17, §129; §17-6-11; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-11 - Return of Ballots in Absence of Inspector.

Section 17-8-11
Return of ballots in absence of inspector.
If the inspector is not present at the hour appointed, the precinct election officials present shall select one of their number to return the ballots to the county returning officer.
(Code 1876, §263; Code 1886, §356; Code 1896, §1592; Code 1907, §361; Code 1923, §451; Code 1940, T. 17, §134; §17-6-12; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-12 - Compensation of Election Officials.

Section 17-8-12
Compensation of election officials.
(a) The inspector and clerks shall each be entitled to base compensation of fifty dollars ($50). The compensation of the election officials shall be paid as preferred claims, out of monies in the county treasury not appropriated, on proper proof of service rendered. In all counties in which the compensation of precinct election officials is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the precinct election officials shall not be decreased under this section and the county commission may increase the compensation so prescribed. In those counties in which compensation of precinct election officials is set at an amount in excess of five dollars ($5) per day, but less than fifty dollars ($50) per day, the provision of the local law or general law of local application relative thereto is superseded and the compensation prescribed herein shall be the total compensation of precinct election officials in the counties.
(b) In addition to the compensation provided in subsection (a), each clerk shall be entitled to supplemental compensation paid by the state to ensure that the total compensation paid to each shall be in an amount of at least seventy-five dollars ($75) per day, and each inspector shall be entitled to supplemental compensation paid by the state in an amount that ensures that the total compensation of an inspector is at least one hundred dollars ($100) per day. Upon completion of a local election school or being certified as a qualified precinct election official by the judge of probate, or both, each clerk and inspector shall be entitled to receive an additional twenty-five dollars ($25) per day in compensation from the state. The increase provided for in this subsection shall not increase or decrease any salary supplement paid under a local law which is in effect on October 1, 2005. This subsection shall only apply to those statewide elections for which county expenses are reimbursed by the state as defined in Chapter 16. This subsection shall not apply to special county or other elections held at any time other than at the time of holding statewide elections.
(Code 1876, §290; Code 1886, §386; Code 1896, §1643; Code 1907, §419; Code 1923, §509; Code 1940, T. 17, §198; Acts 1943, No. 311, p. 299; Acts 1947, No. 127, p. 38; Acts 1970, Ex. Sess., No. 30, p. 2652; Acts 1981, No. 81-674, p. 1099; Acts 1993, No. 93-639, p. 1095, §1; Act 2000-671, p. 1338, §1; Act 2006-327, p. 705, §1; §17-6-13; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2021-377, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-13 - Certain Election Officials Excused From Employment to Perform Election Duties.

Section 17-8-13
Certain election officials excused from employment to perform election duties.
(a) All laws to the contrary notwithstanding, any precinct election official appointed pursuant to Section 17-8-1 shall be excused from his or her employment without penalty of loss of time for election day only in order to perform the duties of the position to which he or she has been appointed. Proper documentation of the appointment and the dates of the required service shall be furnished to the employer by the appointee at least seven days before the expected absence from his or her employment.
(b) This section shall not apply to any employee working for an employer with 25 or fewer employees or require an employer to compensate an employee while performing the duties as prescribed in subsection (a).
(Act 2001-1130, 4th Sp. Sess., p. 1210, §§1, 2; Act 2002-412, p. 1038, §§1, 2; §17-6-17; amended and renumbered by Act 2006-570, p. 1331, §41.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 8 - Election Officers. › Section 17-8-14 - Student Interns.

Section 17-8-14
Student interns.
(a) The judge of probate in each county may appoint not more than two students for each precinct to serve as unpaid student interns during elections. To be appointed a student intern, a student must meet all of the following qualifications:
(1) Be recommended by a principal or other school official, or by the individual responsible for the student's home instruction program.
(2) Be at least 16 years of age at the time of the election for which the appointment is made.
(3) Be a resident of the county or municipality for which the appointment is made.
(4) Be enrolled in a public high school, an accredited private high school, or a home instruction program and be classified as a junior or senior or the equivalent, or be enrolled in a two-year or four-year institution of higher education.
(b) The duties of the student interns appointed pursuant to this section shall be determined by the officials in charge of the election in the county or municipality; provided, however, the duties may not include either of the following:
(1) Determining the qualifications of a voter in the event a voter is challenged.
(2) The operation and maintenance of any voting equipment.
(c) Student interns shall at all times be under the supervision of the poll managers of the election while performing their duties at precincts.
(d) Before performing any duties, student interns shall attend all required training for precinct election officials of the county or municipality and any additional training considered necessary by the officials in charge of the election in the county or municipality.
(e) A student intern who works four or more hours in a day during school hours on the day of an election or any day of training shall be entitled to an excused absence from school for purposes of Chapter 28 of Title 16.
(Act 2019-476, §1; Act 2021-377, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-1 - Duty of Sheriff to Preserve Order at Elections.

Section 17-9-1
Duty of sheriff to preserve order at elections.
The sheriff of each county shall, on each day of election, be present in person or by deputy at all election precincts where elections are held in the county, and shall preserve good order; and, in order that every elector who desires to vote may do so without interference or interruption, such sheriff or deputy may specially deputize a sufficient force to act at all election precincts on the day of any election that the sheriff or deputy may deem necessary.
Any sheriff or deputy who wilfully or corruptly fails to perform any duty imposed by this section, on conviction, shall be punished in accordance with Section 17-17-2.
(Code 1876, §§281, 4282; Code 1886, §§377, 4181; Code 1896, §§1633, 4688; Code 1907, §§412, 6785; Code 1923, §§502, 3903; Code 1940, T. 17, §§2, 299; §17-9-1; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-2 - Duties of Judge of Probate to Devolve Upon Circuit Court in Event of Failure to Perform.

Section 17-9-2
Duties of judge of probate to devolve upon circuit court in event of failure to perform.
In the event the judge of probate of any county is unable, or neglects, fails, or refuses to perform the duties prescribed in this title, the duties, responsibilities, penalty, and authority of the judge of probate shall devolve upon the judge of the circuit court of the county.
Code 1896, §1614; Code 1907, §429; Code 1923, §519; Code 1940, T. 17, §4; §17-1-4; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-4 - Certificates of Nomination to Be Preserved by Judge of Probate.

Section 17-9-4
Certificates of nomination to be preserved by judge of probate.
The judge of probate shall cause to be preserved all certificates and petitions of nomination filed in his or her office under the provisions of this chapter for six months after the election for which such nominations are made.
(Code 1896, §1610; Code 1907, §392; Code 1923, §482; Code 1940, T. 17, §168; §17-7-2; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-5 - Notice of Election.

Section 17-9-5
Notice of election.
The judge of probate must give notice at least 14 days before each election by publication in a newspaper of general circulation in the county, if any is published therein and, if not, by writings posted at the courthouse door and at three other public places in the county, of the time of holding and the offices to be filled by such election. Such notice shall consist only of the date of the election and the officers to be voted for or subjects to be voted on.
(Code 1876, §261; Code 1886, §354; Code 1896, §1590; Code 1907, §357; Code 1923, §447; Code 1940, T. 17, §130; §17-7-5; amended and renumbered by Act 2006-570, p. 1331, §44; Act 2019-318, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-6 - Time of Holding Elections.

Section 17-9-6
Time of holding elections.
Every polling place shall open for voting at 7:00 A.M. and shall close at 7:00 P.M. All polling places in areas operating on eastern time shall open and close under this section pursuant to eastern time except the county commissions in Chambers County and Lee County may by resolution provide for any polling place to be excluded from this sentence and to be open according to central time.
(Acts 1979, No. 79-616, p. 1086, §1; Act 2003-337, p. 844, §1; Act 2006-281, p. 496, §1; §17-7-5.1; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-7 - When Election Officials to Meet, Open Polling Place, Etc.

Section 17-9-7
When election officials to meet, open polling place, etc.
The precinct election officials appointed shall meet at the place of holding elections in the several voting places for which they have been appointed not later than 30 minutes before the scheduled opening of the polls and shall open the several polling places at the time designated.
(Code 1907, §358; Code 1923, §448; Code 1940, T. 17, §131; Acts 1979, No. 79-616, p. 1086, §2; §17-7-6; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-8 - No Adjournment.

Section 17-9-8
No adjournment.
After the polls have opened, no adjournment or recess shall be taken until the certificate of the result of the election is signed.
(Code 1907, §360; Code 1923, §450; Code 1940, T. 17, §133; §17-7-7; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-9 - Proclaiming Polls Open.

Section 17-9-9
Proclaiming polls open.
The inspectors, before they commence receiving ballots, must cause it to be proclaimed at the place of voting that the election is opened.
(Code 1876, §272; Code 1886, §367; Code 1896, §1619; Code 1907, §397; Code 1923, §487; Code 1940, T. 17, §173; §17-7-11; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-10 - Elector Must Vote in County and Voting Place of Domicile.

Section 17-9-10
Elector must vote in county and voting place of domicile.
At all elections held within this state, the elector shall vote in the county and voting place of his or her domicile and nowhere else and shall have registered as provided in this title. If any elector attempts to vote in any voting place other than that of his or her domicile, his or her vote shall be rejected, except when casting a provisional ballot, as provided by law.
(Code 1876, §273; Code 1886, §368; Code 1896, §1620; Code 1907, §398; Code 1923, §488; Code 1940, T. 17, §174; Act 2003-313, p. 733, §2; §17-7-13; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-11 - Voter to Sign Name on Poll List; Exceptions.

Section 17-9-11
Voter to sign name on poll list; exceptions.
In every election held in this state, the voter shall sign his or her name on one of the poll lists or lists of persons who vote in the election, required by law to be maintained at each voting place; and no person shall record on this list the name of any voter for him or her, except where the voter, because of a physical disability, is unable to write his or her own name on the poll list; in which case an election official shall write the name of such voter on the list and shall sign his or her own name on the poll list on the same line with the name of the voter. If the voter is unable to sign his or her name because of illiteracy, his or her name shall be written for him or her and the voter shall make his or her mark upon the poll list, in the presence of any of the election officials, and the election official witnessing the act shall record his or her name, as witness, on the same line with the name of the voter.
(Acts 1953, No. 201, p. 266, §§1, 2; §17-7-15; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-12 - Poll List to Be Sealed.

Section 17-9-12
Poll list to be sealed.
The signed voter poll list shall be sealed in an envelope before the inspectors begin to count the vote and shall not be opened.
(Code 1907, §367; Code 1923, §457; Code 1940, T. 17, §140; §17-7-16; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-14 - Spoiled Ballot.

Section 17-9-14
Spoiled ballot.
(a) Any elector who shall by accident or mistake spoil a ballot so that he or she cannot conveniently or safely vote the same may return it to the inspectors and may receive another in lieu thereof, which ballot must be voted or returned to the inspectors by such elector.
(b) Spoiled ballots shall be retained in a separate container.
(Code 1896, §1624; Code 1907, §402; Code 1923, §492; Code 1940, T. 17, §178; §17-8-33; amended and renumbered by Act 2006-570, p. 1331, §44.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 1 - General Provisions. › Section 17-9-15 - Disposition of Records and Forms After Close of Polls.

Section 17-9-15
Disposition of records and forms after close of polls.
After the close of the polls in all primary, special, general, and municipal elections held in the state, the records and forms produced at the polling places shall be returned as follows:
(1) The list of registered voters, the affirmations of provisional voters, the statements of election officials challenging provisional voters, and the voter reidentification forms shall be sealed in an envelope addressed to the board of registrars and the inspectors and any poll watchers present shall sign across the seal. The board of registrars shall hold the list of registered voters while using it to update their voter histories in accordance with Article 2 of Chapter 4. A copy of the list of registered voters shall be made a public record after the information specified in subdivision (1) of subsection (b) of Section 17-4-33 has been redacted by the board of registrars. The original and copies of the list shall then be returned to the city clerk in municipal elections and the judge of probate in all other elections.
(2) The signed voters' poll list shall be sealed in an envelope and the inspectors and any poll watchers present shall sign across the seal. The envelope shall be delivered to the judge of probate in general and special elections and to the party chairs in primary elections. The "clerk's poll list" shall be sealed in an envelope labeled "records of election" and the inspector and any poll watchers present shall sign across the seal and the envelope shall be placed in a "records of election" container and remain there during the period of time for the initiation of an election contest or recount as provided by law. The "records of election" container shall be delivered to the city clerk in municipal elections and the sheriff in all other elections to be retained in accordance with state and federal law.
(Acts 1990, No. 90-557, p. 947, §2; Act 2003-313, p. 733, §2; §17-4-231; amended and renumbered by Act 2006-570, p. 1331, §44; Act 2014-221, p. 704, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 3 - Prohibited Practices. › Section 17-9-50 - Proximity of Persons to Polling Place.

Section 17-9-50
Proximity of persons to polling place.
Except as electors are admitted to vote and persons to assist them as herein provided, and except for the judge of probate, the sheriff, or his or her deputy, the precinct election officials, and watchers, no person shall be permitted within 30 feet of the door of the building of the polling place.
(Code 1896, §1621; Code 1907, §371; Code 1923, §461; Code 1940, T. 17, §144; §17-7-18; amended and renumbered by Act 2006-570, p. 1331, §48.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 3 - Prohibited Practices. › Section 17-9-50.1 - Photographing or Revealing Contents of Another Voter's Ballot.

Section 17-9-50.1
Photographing or revealing contents of another voter's ballot.
(a) At any polling place in any state, county, or municipal election, an individual may not do either of the following:
(1) Take a photograph of a ballot, other than the individual's own ballot.
(2) Reveal another voter's ballot in a manner that would disclose its contents to anyone other than an individual lawfully assisting the voter.
(b) An individual who violates subsection (a), upon conviction, shall be guilty of a Class A misdemeanor.
(c) This section does not prohibit a voter from making available a photograph of the voter's own ballot by posting the photograph on the Internet or in some other electronic medium, and any retransmittal of the photograph does not constitute a violation of this section.
(Act 2019-370, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 9 - Conduct and Management of Elections. › Article 3 - Prohibited Practices. › Section 17-9-51 - Time Requirements for Receipt of Absentee Ballots.

Section 17-9-51
Time requirements for receipt of absentee ballots.
Repealed by Act 2019-507, § 2, effective August 1, 2019.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §9; Act 2003-313, p. 733, §2; Act 2006-354, p. 937, §1; §17-10-23; amended and renumbered by Act 2006-570, p. 1331, §48; Act 2014-6, p. 21, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 10 - Provisional Voting; Challenge of Voters. › Section 17-10-1 - Voter Identification Requirements.

Section 17-10-1
Voter identification requirements.
(a) Each person who registers to vote by mail shall provide identification prior to the first time they vote in an election containing a federal office on the ballot and as otherwise required by Section 17-9-30.
(b) Voters who are voting by absentee ballot shall submit with the absentee ballot application a copy of one of the forms of identification listed in Section 17-9-30. An absentee ballot shall not be issued unless the required identification is submitted with the absentee ballot application except as provided in subsection (c).
(c) If an individual required to present identification in accordance with this section is unable to meet the identification requirements of this section, the ballot cast is a provisional ballot.
(Act 2003-313, p. 733, §4; §17-10A-1; amended and renumbered by Act 2006-570, p. 1331, §50; Act 2019-507, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 10 - Provisional Voting; Challenge of Voters. › Section 17-10-3 - Voting in Precinct, etc., Where Elector's Name Does Not Appear on Official List.

Section 17-10-3
Voting in precinct, etc., where elector's name does not appear on official list.
It shall be unlawful for any elector to cast his or her ballot during any general election, primary election, municipal election or special election in any precinct, any district, any ward, or any other subdivision where his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision. All ballots cast in any election contrary to this section are hereby declared illegal and, upon a contest duly instituted, the ballots shall be excluded in determining the final result of any election; provided, that nothing in this section shall prevent any qualified elector residing in the precinct, ward, or voting district from voting after presenting a proper certificate from the board of registrars, or from voting a provisional ballot or a provisional ballot in municipal elections when his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision.
(Acts 1947, No. 482, p. 331, §2; Code 1975, §17-4-18; Acts 1978, No. 584, p. 667, §23; Act 2003-313, p. 733, §2; §17-4-127; amended and renumbered by Act 2006-570, p. 1331, §50.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-1 - "Circuit Clerk" Defined.

Section 17-11-1
"Circuit clerk" defined.
As used in this chapter, "circuit clerk" includes any successor in function to the circuit clerk.
(Acts 1975, No. 1147, p. 2251, §16; §17-10-1; amended and renumbered by Act 2006-570, p. 1331, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-2 - Absentee Election Manager.

Section 17-11-2
Absentee election manager.
In each county there shall be an "absentee election manager," who shall fulfill the duties assigned by this chapter. The circuit clerk of the county shall, at his or her option, be the absentee election manager. If the circuit clerk of the county declines the duties of absentee election manager, the appointing board shall thereupon appoint an absentee election manager, who shall be a person qualified by training and experience, who is a qualified elector of the county and who is not a candidate in the election to perform the duties assigned by this chapter. The county commission shall designate the place or office where such duties shall be performed. Such place or office shall be open on the days and during the hours as that of the circuit clerk prior to each election. Any person so appointed shall have all the powers, duties, and responsibilities of the circuit clerk for the purposes of this chapter, including the power to administer oaths. Such powers, duties, and responsibilities shall terminate when the election results are certified. The absentee election manager or circuit clerk shall be entitled to the same compensation for the performance of his or her duties as is provided in Section 17-11-14.
(Acts 1978, No. 616, p. 873, §1; §17-10-2; amended and renumbered by Act 2006-570, p. 1331, §52.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 11 - Absentee Voting. › Article 1 › Section 17-11-3.1 - Qualified Voter With Permanent Disability Preventing Attendance at Polls.

Section 17-11-3.1
Qualified voter with permanent disability preventing attendance at polls.
(a) Notwithstanding Sections 17-11-3, 17-11-4, and 17-11-5, a qualified voter who has a permanent disability preventing his or her attendance at the polls may vote by absentee ballot in accordance with this section.
(b) The Secretary of State shall adopt rules that provide a process for a voter who has a permanent disability to be placed on an absentee voter list and have a ballot automatically mailed to him or her before each election. The rules shall include, but not be limited to, all of the following:
(1) An application procedure for permanently disabled voters to vote by absentee ballot on an on-going basis. The procedure shall require that the application form be signed and notarized by the disabled voter's primary physician.
(2) A procedure for verifying the identity of a voter and determining that the voter has a permanent disability preventing his or her attendance at the polls.
(3) A procedure for the voter to apply to the absentee ballot manager on an annual basis.
(4) A procedure for automatically mailing absentee ballots before each election in a timely manner to permanently disabled voters who have been placed on the absentee voter list.
(Act 2019-359, §1.)