reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-2 - RULES OF PRACTICE › Section 820-1-2-.19 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
The Secretary may, upon petition by any party substantially
				affected, issue a declaratory ruling or order with respect to the jurisdiction
				of the Secretary, the applicability to any person, property or state of facts
				of any order or rule of the Secretary, or with respect to the meaning and scope
				of any order or rule of the Secretary. Such petitions shall be in writing and
				shall state facts sufficient to show that petitioner is substantially affected
				by such order or rule. Petitions shall be filed with the Secretary in
				accordance with Rule 8-1-2 -.04, supra. Upon receipt of such a petition, the
				Secretary may set a date and time for the taking of oral argument or written
				comments.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-2 - RULES OF PRACTICE › Section 820-1-2-.20 - Transcripts Of Testimony

Current through Register Vol. 42, No. 9, June 28, 2024
The Secretary does not furnish a copy of the transcript of
				testimony to any party in any proceeding, but copies may be obtained by any
				party of record upon application to the official reporters of the Secretary,
				and the payment of the established charge therefor.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-2 - RULES OF PRACTICE › Section 820-1-2-.21 - Corrections Of Transcripts

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any party to any formal proceeding before the Secretary who detects a material
			 error in the written transcript of testimony, and desires such error to be
			 corrected, may file with the Secretary, in writing, a detailed proposed
			 correction of such error, serving a copy of such writing on all other parties
			 to the proceeding. Such proposed correction must be filed with the Secretary
			 before the expiration of the time for certifying the record to the Court or
			 other reviewing body in cases where an appeal is taken of the final action in
			 the proceedings involved, and within sixty (60) days from the date of the final
			 order in the proceeding involved in all other cases, unless otherwise ordered
			 by the Secretary.
(2) Upon receipt
			 of any such proposed correction, the Secretary will forthwith serve a copy
			 thereof upon the official reporter who prepared such transcript. Within ten
			 (10) days after the filing of such proposed correction, any other interested
			 party may file, in writing, a reply in duplicate giving his reasons why such
			 correction should not be made. If no such reply is made within the time
			 prescribed, then and in that event the proposed correction will be considered
			 proper and the transcript will be considered as having been corrected
			 accordingly. If, on the other hand, within the time prescribed one of the
			 parties does file such a reply, then and in that event the Secretary or
			 hearings examiner presiding during the taking of the testimony in the
			 proceeding in question shall decide whether or not such proposed correction
			 will be allowed and shall make his decision known in writing to all the parties
			 of record in the proceeding in question. Any such ruling made by the presiding
			 hearings examiner or Secretary shall be without prejudice to any party taking
			 issue with such ruling in any appeal of the final action in the proceeding
			 involved. This rule and any action taken thereunder shall be without prejudice
			 to corrections in the Appeals Court under such conditions as may be prescribed
			 by the court. This rule shall not be used to change in any respect any
			 testimony offered at the hearing, but is solely for the purpose of correcting
			 material errors where such errors exist.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-2 - RULES OF PRACTICE › Section 820-1-2-.22 - Ex Parte Communications

Current through Register Vol. 42, No. 9, June 28, 2024
Parties or their representatives in a contested issue or
				proceeding which has been the subject of a formal public and open hearing or in
				a proceeding which has been set for hearing shall not communicate, directly or
				indirectly, in connection with any issue of fact or law in that contested case,
				issue or proceeding with the Secretary or hearings examiner assigned to render
				a proposed order or final decision or to make findings of fact and conclusions
				of law in that contested case, issue or proceeding except upon notice and
				opportunity for all parties to participate and the Secretary or hearings
				examiner will allow ex parte argument to be made concerning such case, issue or
				proceeding.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-3 - PROCEDURES FOR THE APPLICATION AND RENEWAL OF CONCEALED WEAPON PERMITS (REPEALED) › Section 820-1-3-.01 - Purpose. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Emily Thompson; Jean Brown; William
				  Sutton
Statutory Authority:
Code of Ala.
				  1975
, §
										13A-11-75(b) -(c).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-3 - PROCEDURES FOR THE APPLICATION AND RENEWAL OF CONCEALED WEAPON PERMITS (REPEALED) › Section 820-1-3-.02 - Effective Date. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Emily Thompson; Jean Brown; William
				  Sutton
Statutory Authority:
Code of Ala.
				  1975
, Act No. 2013-283.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-3 - PROCEDURES FOR THE APPLICATION AND RENEWAL OF CONCEALED WEAPON PERMITS (REPEALED) › Section 820-1-3-.03 - Changing "License" To "Permit"; "Licensee" To "Permittee". (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Emily Thompson; Jean Brown; William
				  Sutton
Statutory Authority:
Code of Ala.
				  1975
, §§
										13A-11-73(a),
				  13A-11-75(b) -(c).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-1-3 - PROCEDURES FOR THE APPLICATION AND RENEWAL OF CONCEALED WEAPON PERMITS (REPEALED) › Section 820-1-3-.04 - Procedures For Use Of Electronic Or Digital Form. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Emily Thompson; Jean Brown; William
				  Sutton
Statutory Authority:
Code of Ala.
				  1975
, §
										13A-11-75(b) -(c).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-1 - GENERAL IMPLEMENTATION OF THE HELP AMERICA VOTE ACT › Section 820-2-1-.01 - Help America Vote Act Administrative Rules

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter consists of various administrative rules designed
				to implement the Help America Vote Act and is promulgated under
Code of Ala. 1975
, §
								17-1-8, unless otherwise noted.
				This chapter shall apply to all elections except municipal elections. The rules
				in this chapter are severable from one another.
Author:
Adam L. Bourne
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-1-8.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-1 - GENERAL IMPLEMENTATION OF THE HELP AMERICA VOTE ACT › Section 820-2-1-.02 - Definition Of A Vote

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This
			 rule serves to fulfill the requirement of defining what constitutes a vote
			 under the Help America Vote Act ("HAVA"),
			 Public Law
			 107-252; and
Code of Ala.
			 1975
, §
								17-25-4.
(a) This rule
			 shall not supersede any other law.
(b) This rule shall not apply to a vote cast
			 in a municipal election.
(c) This
			 rule shall be construed in favor of counting a cast vote.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-1 - GENERAL IMPLEMENTATION OF THE HELP AMERICA VOTE ACT › Section 820-2-1-.03 - Help America Vote Act Reimbursement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This rule is promulgated under
Code of Ala. 1975
, §§
								17-1-8 and 17-25-4. This rule is
			 intended to provide the Secretary of State with the information necessary to
			 make a decision as to whether a county is eligible for reimbursement under
Code of Ala. 1975
, §
								17-25-4 and other applicable law.
			 Any county that seeks reimbursement under
Code of Ala.
			 1975
, §
								17-25-4 must strictly comply with this rule.
(2) To be eligible for reimbursement under
Code of Ala. 1975
, §
								17-25-4, a county must respond
			 within ten (10) days to any request for information from the Secretary of State
			 or his/her designee(s).
Author:
Adam L. Bourne
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-1-8, 17-25-4.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.01 - Applicability Of The National Voter Registration Act

Current through Register Vol. 42, No. 9, June 28, 2024
The provisions of the National Voter Registration Act of 1993 [
				Public Law
				103-31, 42 U.S. Code 1973gg
et
seq
.] shall apply to all
				elections for state and local government offices in the State of Alabama.
				Copies of the National Voter Registration Act of 1993 may be obtained without
				charge from the Secretary of State's office, Elections Division, State Capitol,
				Room E-201, Montgomery, Alabama 36130.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.01, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.02 - Voter Registration Agency Defined

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this chapter, a voter registration agency
				shall be any state or local governmental entity designated to provide voter
				registration services pursuant to Section 17-4-250, paragraphs (b), (d), and
				(f),
Code of Ala. 1975
, and
				820-2-2-.03.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.02, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.03 - State-Designated Voter Registration Agencies

Current through Register Vol. 42, No. 9, June 28, 2024
The following offices shall be state-designated voter
				registration agencies for the purposes of the National Voter Registration Act
				of 1993 [42 U.S. Code 1973gg-5(a)(3)] and shall provide voter registration
				services pursuant to Section 17-4-250, paragraph (f),
Code of Ala.
				1975
, and the National Voter Registration Act of 1993 [42 U.S.
				Code 1973gg-5]:
(1) The probate office
			 in each county, except in those counties in which driver's licensing is
			 conducted by a License Commissioner;
(2) The license commissioners office in those
			 counties in which driver's licensing is conducted by a License Commissioner;
			 and
(3) All public libraries,
			 including branch libraries, in each municipality with a population exceeding
			 ten thousand (10,000) and all public libraries in each county, including branch
			 libraries.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.03, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.04 - Provision Of Voter Registration Services By Agencies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each voter registration agency shall
			 offer voter registration services to its clients when said clients apply for
			 services or recertify for services provided by the registration agency, or file
			 a change of address with the voter registration agency.
(2) Voter registration agencies shall provide
			 the same level of assistance to clients with respect to completing voter
			 registration forms that they provide to clients with respect to other services
			 rendered by the voter registration agency.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.04, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.05 - Design Of Voter Registration Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Secretary of State shall prescribe
			 all voter registration forms to be used in voter registration activities
			 provided for in
Code of Ala. 1975
, Section
			 17-4-60.
(2) Any content related to voter registration
			 that is incorporated into a form prescribed by a voter registration agency so
			 that said form may serve as a voter registration application or voter
			 registration update form shall be subject to review by, and the approval of,
			 the Secretary of State.
(3) Voter
			 registration agencies may develop computer-assisted voter registration forms in
			 conjunction with the Secretary of State. All computer-assisted voter
			 registration forms developed under this paragraph are subject to review by, and
			 the approval of, the Secretary of State.
(4) The following forms prescribed by the
			 Alabama Law Enforcement Agency, in consultation with the Secretary of State,
			 shall be valid for applying for voter registration or for submitting a change
			 of address for voter registration purposes:
(a) "Application for Renewal or Duplicate
			 License for Alabama Drivers Temporarily Out of State"
(b) "Driver License or Identification Card
			 Change of Address"
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.06 - Acceptance/Declination Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(l) Voter
			 registration forms used in voter registration agencies other than those
			 agencies designated pursuant to
			 820-2-2-.03 shall include a detachable section in which individuals shall indicate their
			 acceptance or declination of voter registration services. This
			 acceptance/declination section shall include, verbatim, statements required by
			 the National Voter Registration Act of 1993 [42 U.S. Code
			 1973gg-3(c)(2)(D)(ii), 1973gg-3(c)(2)(D)(iii), 1973gg-5(a)(6)(B)].
(2) In the event that a client does not
			 indicate an acceptance or declination of voter registration services, the
			 agency representative shall write "REFUSED" in block letters across the
			 acceptance/declination section and print the client's name and the date on the
			 form.
(3) Each voter registration
			 agency shall maintain for a period of two (2) years all acceptance/declination
			 sections of the voter registration forms.
(a)
			 Procedures for maintaining the acceptance/declination sections shall be
			 determined by each voter registration agency and filed with the Secretary of
			 State. Each voter registration agency shall, in a timely manner, file with the
			 Secretary of State any changes or amendments to said procedures.
(b) Procedures developed pursuant to
			 820-2-2-.06(3)(a) shall not be implemented until said procedures are reviewed
			 and pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the
			 Voting Rights Act of 1965 [42 U.S. Code 1973aa
et
seq
.].
(c)
			 The Secretary of State shall have access to all acceptance/declination sections
			 for program evaluation purposes and to investigate voter registration
			 complaints filed with the Secretary of State.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.07 - Training Materials

Current through Register Vol. 42, No. 9, June 28, 2024
The Secretary of State shall prepare and disseminate training
				materials to inform voter registration agencies of their responsibilities
				pertaining to voter registration services. Voter registration agencies may
				prepare and disseminate their own materials, for internal use only, provided
				that any such materials are submitted to the Secretary of State for review and
				approval before being disseminated.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.07, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.08 - Filing Of Voter Registration Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each voter registration agency shall file
			 with the Secretary of State procedures for conducting voter registration in its
			 offices. Each voter registration agency shall, in a timely manner, file with
			 the Secretary of State any changes or amendments to said procedures.
(2) Procedures developed pursuant to
			 820-2-2-.08(1) shall not be implemented until said procedures are reviewed and
			 pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the
			 Voting Rights Act of 1965 [42 U.S. Code 1973aa
et
seq
.].
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.08, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.09 - Transmittal Of Voter Registration Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each voter registration agency shall sort
			 by each applicant's county of residence all completed voter registration forms
			 submitted to the voter registration agency and transmit the forms by mail or
			 courier to each county's Board of Registrars within five (5) days of
			 submission, except that all voter registration forms received by the voter
			 registration agency by the official close of registration shall be transmitted
			 no later than the day of the official close of registration.
(2) Each package of voter registration forms
			 being transmitted to a Board of Registrars shall include a packing slip
			 specifying 1) the name and address of the agency transmitting the voter
			 registration forms, 2) the name and phone number of the agency representative
			 who prepared the package for transmittal, and 3) the number of voter
			 registration forms being transmitted.
(3) Each voter registration agency shall
			 develop procedures for transmitting voter registration forms to the various
			 Boards of Registrars and file those procedures with the Secretary of State.
			 Each agency shall, in a timely manner, file with the Secretary of State any
			 changes or amendments to said procedures.
(4) Procedures developed pursuant to
			 paragraph 820-2-2-.09(3) shall not be implemented until said procedures are
			 reviewed and pre-cleared by the U.S. Department of Justice pursuant to Section
			 5 of the Voting Rights Act of 1965 [42 U.S. Code 1973aa
et
seq
.].
(5) The Secretary of State shall provide each
			 voter registration agency with envelopes and packing slips for transmitting the
			 voter registration forms to the Boards of Registrars.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.09, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.10 - Delivery Of Voter Registration Materials

Current through Register Vol. 42, No. 9, June 28, 2024
All voter registration forms, transmittal envelopes, and
				packing slips required for voter registration agencies to fulfill their voter
				registration duties shall be provided by the Secretary of State and delivered
				to 1) each agency's headquarters in Montgomery, Alabama, in the cases of
				agencies designated under Section 17-4-250, paragraphs (b) and (d),
Code of Ala. 1975
; 2) the probate office of each
				county; and 3) each public library.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.10, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.11 - Mail Registration Form Distribution Sites

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following public organizations shall
			 serve as distribution sites for the mail voter registration form: 1) public
			 schools and 2) four-year institutions of higher learning, and 3) public
			 libraries, including branch libraries, in each municipality with a population
			 equal to or less than ten thousand (10,000).
(2) Through cooperative agreements, the
			 Secretary of State may distribute the mail voter registration form through
			 additional public and private sector organizations.
(3) The Secretary of State and the Boards of
			 Registrars shall make the mail voter registration form available for use in
			 organized voter registration drives.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.11, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.13 - Procedures For Voters Who Have Moved From Address In Area Covered By One Precinct Or Polling Place To Address Covered By Second Precinct Or Polling Place Within Same Board Of Registrars' Jurisdiction And Have Not Updated Voter Registration Record Prior To An Election

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A voter who has changed his or her
			 domicile from an address in the area covered by one precinct or polling place
			 to an address covered by a second precinct or polling place within the same
			 Board of Registrars' jurisdiction and who has failed to notify the Board of
			 Registrars of the change of address prior to the date of an election shall not
			 be allowed to cast a ballot at the former polling place. In such cases the poll
			 workers shall obtain the voter's new precinct or polling place information from
			 either the Board of Registrars or the Judge of Probate and instruct the voter
			 to go to the new precinct or polling place to vote.
(a) Because in such instances the voter's
			 name will not appear on the poll list at the new precinct or polling place, an
			 inspector at the new polling place shall notify the voter that he or she may
			 cast a provisional ballot in the election.
(b) If the inspector has knowledge and belief
			 that a voter has changed his or her domicile but the voter refutes the
			 inspector's allegation and asserts that he or she is eligible to vote at the
			 polling place where he or she has presented himself or herself to vote, the
			 inspector shall require the voter to cast a provisional ballot based on the
			 inspector's knowledge that the voter is not qualified to vote in the precinct
			 in which he or she is seeking to vote. The inspector shall complete a challenge
			 statement setting forth the facts which the inspector believes to support his
			 or her contention that the voter is not qualified to vote in the precinct in
			 which he or she is seeking to vote.
(c) Any provisional ballot issued pursuant to
			 this rule shall be governed by the procedures set forth in Section
			 17-10-2,
Code of Ala. 1975,
and Chapter 820-2-6, Alabama
			 Administrative Code.
(d) The voter
			 shall cast the provisional ballot and place it into a sealed ballot box
			 separately identified and utilized for containing provisional
			 ballots.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.14 - Filing Changes Of Address With Agencies By Phone

Current through Register Vol. 42, No. 9, June 28, 2024
If a voter registration agency designated under Section
				17-4-250, paragraphs (b), (d), or (f),
Code of Ala.
				1975
, accepts change of address information by telephone, said
				voter registration agency shall mail the client filing the change of address a
				mail voter registration form.
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.14, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.15 - Voter Registration Statistics

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Beginning February 1995, the Board of
			 Registrars shall submit to the Secretary of State on a monthly basis the
			 following information:
(a) The total number
			 of new valid voter registration forms accepted for the respective month,
			 excluding all applications that are duplicates, rejected, or that report only a
			 change of name or address.
(b) The
			 total number of voter registration forms received from the following sources:
1) all driver's license offices,
2) mail,
3) all public assistance agencies,
4) Rehabilitation Services offices,
5) all armed forces recruitment
			 offices,
6) state-designated voter
			 registration agencies (public libraries and probate offices), and
7) all other means (in person at the office
			 of the Board of Registrars, by deputy registrars, by voter registration drives
			 delivering the forms directly to the Board of Registrars).
(c) The total number of duplicate
			 registration applications that were received from each of the following
			 sources:
1) all driver's license offices,
2) mail,
3) all public assistance agencies,
4) Rehabilitation Services offices,
5) all armed forces recruitment
			 offices,
6) state-designated voter
			 registration agencies (public libraries and probate offices), and
7) all other means (in person at the office
			 of the Board of Registrars, by deputy registrars, by voter registration drives
			 delivering the forms directly to the Board of Registrars).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.16 - Cooperation With Federal Voting Assistance Program

Current through Register Vol. 42, No. 9, June 28, 2024
The Secretary of State shall work in cooperation with the
				Federal Voting Assistance Program to provide voter registration in armed forces
				recruitment offices pursuant to Section 17-4-250, paragraph (e),
Code of Ala. 1975
, and the National Voter Registration
				Act of 1993 [42 U.S. Code 1973gg-5(c)].
Authors:
Edward Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-8-.16, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-255.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.18 - Electronic Voter Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to the Uniform Electronic
			 Transactions Act, codified at
Code of Ala. 1975
,
			 Sections
			 8-1A-1 et seq., the
			 Secretary of State and voter registration agencies may develop and implement
			 electronic voter registration. All electronic voter registration forms
			 developed and implemented under this paragraph are subject to review by, and
			 the approval of, the Secretary of State.
(2) As required by Rule
			 820-2-2-.05,
			 the Secretary of State shall prescribe all voter registration forms to be used
			 in voter registration activities provided for in
Code of Ala.
			 1975
, Section
			 17-4-60,
			 paragraphs (b), (c), (d), and (f).
(3) The county boards of registrars shall
			 accept and process electronic voter registration forms through the electronic
			 system developed pursuant to paragraph (2), supra.
(4) The data collected through the electronic
			 voter registration process shall be subject to all of the same protections as
			 paper-based voter registration applications as provided for in
Code
			 of Ala. 1975
, Section
			 17-3-52 and any applicable regulations.
(5)
			 If the electronic voter registration form originates from an electronic voter
			 registration process developed by a voter registration agency, said agency
			 shall maintain the electronic signature of the voter registration applicant.
			 Said signature shall be made available for law enforcement and/or forensic
			 purposes.
New Rule was adopted and original rules .18 through .30 was
				  renumbered as per certification filed March 4, 2016; effective April 18,
				  2016.
Authors:
Edward Packard; Jean Brown; R. Joel
				  Laird, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-4-63,
				  8-1A-1 et seq.,
				  Attorney General's Opinion No. 2009-084.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.19 - Citizenship Document Inconsistency Affidavit Form

Current through Register Vol. 42, No. 9, June 28, 2024
The following form ("Form C-2") shall be used in instances
				where evidence of U.S. citizenship is deemed to be unsatisfactory due to an
				inconsistency between the document submitted as evidence of U.S. citizenship
				and the name or sex provided on the voter registration application.
CITIZENSHIP DOCUMENT INCONSISTENCY AFFIDAVIT
(Form
				C-2)
THIS AFFIDAVIT IS TO BE USED IN INSTANCES WHERE EVIDENCE OF
				U.S. CITIZENSHIP IS DEEMED TO BE UNSATISFACTORY DUE TO AN INCONSISTENCY BETWEEN
				THE DOCUMENT SUBMITTED AS EVIDENCE OF U.S. CITIZENSHIP AND THE NAME OR SEX
				PROVIDED ON THE VOTER REGISTRATION APPLICATION.
THERE SHALL BE NO INCONSISTENCY BETWEEN THE DATE OF BIRTH ON
				THE DOCUMENT PROVIDED AS EVIDENCE OF CITIZENSHIP AND THE DATE OF BIRTH PROVIDED
				ON THE APPLICATION FOR REGISTRATION. IF SUCH AN AFFIDAVIT IS SUBMITTED BY THE
				APPLICANT, THE REGISTRARS SHALL ASSESS THE ELIGIBILITY OF THE APPLICANT WITHOUT
				REGARD TO ANY INCONSISTENCY REGARDING DATE OF BIRTH STATED IN THE
				AFFIDAVIT.
STATE OF ALABAMA
________________COUNTY
Before me, a notary public, personally
				appeared___________________(print name) who, being duly sworn, says as
				follows:
There is an inconsistency between the document I have submitted
				as evidence of U.S. citizenship and the (check one)____name or_____sex provided
				on my voter registration application. The inconsistency is as follows:
(Attach additional sheets if necessary)
I swear and affirm under oath and under penalty of perjury that
				despite the inconsistency, I am the individual reflected in the document I have
				provided as evidence of U.S. citizenship.
___________________________(Signature of Voter Registration
				Applicant)
Sworn to and subscribed before me this_______day
				of________________, 2_______
I certify that the affiant is known (or made known) to me to be
				the identical party he or she claims to be.
_______________________________(Signature of Notary
				Public)
_______________________________(Printed name of Notary
				Public)
Authors:
Jean Brown; Edward Packard; Julie
				  Sinclair
Statutory Authority:
Code of Ala.
				  1975
, §§
										31-13-28 (2012),
				  17-3-1
				  (2006).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.21 - Procedure For County Boards Of Registrars For Hearing To Determine Applicant's Citizenship For Voting Purposes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If an applicant is a U.S. citizen but
			 does not have any of the documentation listed in Code of Alabama, section
			 31-13-28(k),
			 the applicant may submit any evidence that the applicant believes demonstrates
			 his or her U.S. citizenship. Among the documents that may be submitted when the
			 applicant does not have any of the documents listed in Code of Alabama, section
			 31-13-28(k),
			 are:
(a) Religious record, such as family
			 Bible, certificate of baptism or confirmation, or other similar record showing
			 either the date of birth or the person's age when the record was
			 made;
(b) Marriage certificate
			 showing a U.S. place of birth;
(c)
			 Life, health, or other insurance record showing a U.S. place of
			 birth;
(d) Early school record
			 showing a U.S. place of birth;
(e)
			 Newspaper birth announcement showing a U.S. place of birth;
(f) Affidavits signed under penalty of
			 perjury by three (3) people;
(g)
			 Military dependent's identification card showing U.S. citizenship;
(h) If none of the aforementioned evidence of
			 U.S. citizenship is available, three or more corroborating documents may be
			 accepted if said documents establish U.S. citizenship by a preponderance of the
			 evidence.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.26 - Procedures For Boards Of Registrars For Domestic Violence Voter Protection

Current through Register Vol. 42, No. 9, June 28, 2024
The county Board of Registrars shall issue a Domestic Violence
				Voter Affirmation form upon an individual's request. The individual shall
				return the completed affidavit form to the Board of Registrars in the county
				where the individual is registered or intends to register to vote. The Board of
				Registrars, upon receipt of a completed Domestic Violence Voter Affirmation
				for, shall mark the registrant in the voter registration system as "protected".
				Information publicly available for voters in protected status shall include
				only the name and omit the residential and mailing address of a registered
				voter pursuant to
Code of Ala. 1975
, §
								17-4-33(b) (2014). Following all primary, special, general, and municipal elections in the
				state, a copy of the list of registered voters that is a public record while in
				the possession of the Board of Registrars shall be available for public
				inspection after the residential and mailing addresses of voters in protected
				status have been redacted from the list by the Board of Registrars. The
				original and copies of the list of registered votes shall be returned to the
				city clerk in municipal elections and the judge of probate in all other
				elections. Lists without redaction may be made available to federal and state
				agencies upon request. The Board of Registrars shall provide in writing the
				identification of protected voters to the Secretary of State, county judge of
				probate, county absentee election manager, and municipal clerk, to assist in
				the redaction or omission of the residential and mailing addresses from voter
				registration and other lists available from those offices.
Authors:
Jean Brown, Brandon Walters, Ed
				  Packard
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-4-33 (2014);17-9-15(1)
				  (2014).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.27 - Procedures For Absentee Election Managers For Domestic Violence Voter Protection

Current through Register Vol. 42, No. 9, June 28, 2024
The county absentee election manager shall redact or omit the
				residential and mailing address for voters in protected status pursuant to
Code of Ala. 1975
, §
								17-4-33(b) (2014) from any copy of an absentee voter list to be posted or otherwise made a
				public record, except poll lists used at local precincts.
Authors:
Jean Brown, Brandon Walters, Ed
				  Packard
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-4-33 (2014);17-9-15(1)
				  (2014).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.28 - Procedures For Municipal Clerks For Domestic Violence Voter Protection

Current through Register Vol. 42, No. 9, June 28, 2024
Following each election, the municipal clerk shall make a copy
				of that portion of the poll list to be made a public record and shall maintain
				the original in his or her office. The municipal clerk shall redact or omit the
				residential and mailing address for voters in protected status pursuant to
Code of Ala. 1975
, §
								17-4-33(b) (2014) from any copy to be made a public record, except poll lists used at
				local precincts.
Authors:
Jean Brown, Brandon Walters, Ed
				  Packard
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-4-33 (2014);
				  17-9-15(1)
				  (2014).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.29 - Procedures For Disseminating Information From Statewide Voter File For Domestic Violence Voter Protection

Current through Register Vol. 42, No. 9, June 28, 2024
The Secretary of State, judge of probate, and registrar shall
				include the name and omit the residential and mailing address of a registered
				voter on any list of registered voters compiled from the statewide voter file
				and generally available pursuant to §
								17-3-53,
				§
								17-4-33(10),
				§
								17-4-35(10),
				and §
								17-4-38,
				except for those lists provided to federal and state agencies, pursuant to
Code of Ala. 1975
, §
								17-4-33(b) (2014).
Authors:
Jean Brown, Brandon Walters, Ed
				  Packard
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-4-33 (2014);
				  17-9-15(1)
				  (2014).
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.30 - Report Of Voters Change Of Residence Or Death Form

Current through Register Vol. 42, No. 9, June 28, 2024
The following form is for use by a family member of a voter,
				the inspector of a voter's election precinct, judge of probate, sheriff, or
				clerk of the circuit court to report that a voter in the statewide voter file
				is deceased or has become a nonresident of the precinct in which he or she is
				registered to vote. Further, the form is for use by the inspector of the
				voter's election precinct, judge of probate, sheriff, or clerk of the circuit
				court to provide a statement as to the source and nature of the information
				supporting the report that the voter is deceased or has become a nonresident of
				the precinct in which he or she is registered to vote.
Click to view
				image
Authors:
Edward Packard, William Suttom
Statutory Authority:
Code of Ala.
				  1975
, §
										17-4-6.1.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-2 - VOTER REGISTRATION › Section 820-2-2-.32 - Oath On The Voter Registration Form

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to
				17-3-52
				of the Code of Alabama, voter registration applicants must sign a voter
				registration form that contains an oath to support and defend the Constitution
				of the United States and the State Constitution of Alabama. Currently, that
				oath ends with the phrase "so help me God." If an applicant objects to that
				phrase due to sincerely held beliefs, the applicant may strike through the
				phrase and then sign the registration form. If the applicant is otherwise
				qualified to vote, the Board of Registrars shall accept a valid voter
				registration form when the phrase "so help me God" is stricken through by the
				applicant. Striking through this phrase is the only modification that
				applicants may make to the language of the voter registration
				form.
Authors:
David Brewer, Hugh Evans, Clay Helms,
				  Jeff Elrod
Statutory Authority:
Code of Ala.
				  1975
, §
										17-3-52.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-3 - ABSENTEE VOTING › Section 820-2-3-.01 - Contents Of The Absentee Ballot And Accompanying Affidavit Envelope

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each ballot
			 style shall have its own designation. A ballot style is a printed ballot
			 showing a specific group of races, candidates and/or propositions. To the
			 extent of any variation in the printed races, candidates and/or propositions
			 among printed ballots, each variety shall be distinctly designated.
(2) Each ballot shall have a pre-printed
			 serial number. Ballot serial numbers shall correspond to the number of ballots
			 printed in a particular ballot style. While serial numbers any be duplicated
			 between separate ballot styles, serial numbers may not be duplicated within a
			 ballot style.
(3) Each affidavit
			 envelope shall contain designated blanks for the purpose of permitting the
			 absentee election manager to write-in the ballot style designation and serial
			 number of the associated ballot.
Author:
Charles E. Grainger, Jr.
Formerly Rule 820-X-10-.01, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-10-22.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-3 - ABSENTEE VOTING › Section 820-2-3-.02 - Completion Of The Ballot Style And Serial Number Blanks On The Affidavit Envelope

Current through Register Vol. 42, No. 9, June 28, 2024
The Absentee Election Manager shall identify on the affidavit
				envelope in writing both the ballot style designation and the ballot serial
				number for the associated ballot prior to providing the affidavit envelope and
				ballot to the voter. Where absentee envelopes and ballots are provided to
				election officials for on-site absentee voting, the election officials shall be
				responsible for writing-in the ballot style designation and the ballot serial
				number of the associated ballot on the affidavit envelope prior to providing
				the affidavit envelope and associated ballot to the voter.
Author:
Charles E. Grainger, Jr.
Formerly Rule 820-X-10-.02, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-10-22.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-3 - ABSENTEE VOTING › Section 820-2-3-.03 - List Of Qualified Voters

Current through Register Vol. 42, No. 9, June 28, 2024
The list of qualified voters shall identify the correct ballot
				style designations for each voter. In the case of a primary election, ballot
				style designations for each party participating in the primary and a
				non-partisan ballot style designation shall be printed on the list of qualified
				voters. The absentee election manager and on-site absentee election officials
				shall use the ballot style designations printed on the list of qualified voters
				to identify the correct ballot style to provide a voter in an election. A voter
				claiming to qualify for a ballot style in conflict with the ballot style
				designation printed on the list of qualified voters may vote by challenged
				ballot.
Author:
Charles E. Grainger, Jr.
Formerly Rule 820-X-10-.03, as per certification filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §
										17-10-22.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-3 - ABSENTEE VOTING › Section 820-2-3-.05 - Definition of Commercial Carrier

Current through Register Vol. 42, No. 9, June 28, 2024
A commercial carrier shall be defined as a business licensed
				and regulated (pursuant to §
								37-3-5) in the area(s) in which it operates that advertises to the public and is
				engaged in the business of trade or traffic and commerce.
Authors:
Jeff Elrod, Hugh Evans
Statutory Authority:
Act 2019-507.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-4 - BALLOT ACCESS FOR POLITICAL PARTIES AND INDEPENDENT CANDIDATES › Section 820-2-4-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
Unless otherwise clearly indicated, the following terms shall
				be given the following interpretations:
(1) Election petition. A petition submitted
			 for any of the purposes identified in
			 820-2-4-.03(1) or
			 820-2-4-.03(2).
(2) Verifying authority. The entity charged
			 with the responsibility for verifying petition signatures or providing
			 assistance in the verification of petition signatures.
(3) Raw Count. The total number of unverified
			 signatures affixed to an election petition and submitted to the verifying
			 authority.
(4) Random sample of
			 signatures. Signatures selected at random using a computerized random numbers
			 generator.
Authors:
Edward P. Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-11-.01, as per certification Filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-7-1,
				  17-8-2.1;
				  Attorney General Opinion Nos. 90-00223 and 99-00099.
Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-4 - BALLOT ACCESS FOR POLITICAL PARTIES AND INDEPENDENT CANDIDATES › Section 820-2-4-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this section is to establish procedures for the
				submission, verification and certification of election petitions.
Authors:
Edward P. Packard, Charles E. Grainger,
				Jr.
Formerly Rule 820-X-11-.02, as per certification Filed
				  January 10, 2001; effective February 14,
				  2001.
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-7-1,
				  17-8-2.1;
				  Attorney General Opinion Nos. 90-00223 and 99-00099.