Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-10 - PROCEDURES FOR IMPLEMENTING THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT ("UOCAVA") › Section 820-2-10-.18 - UOCAVA State Written Plan For Federal Primary Runoff Election

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to
			 52 U.S.C. Section
			 20302(a)(9), these rules
			 provide the state written plan for any Federal primary runoff election.
(a) Federal law provides that, when a UOCAVA
			 voter has requested a ballot for a federal election by the
			 45th day before that election, the State must
			 transmit the ballot to that voter by the 45th day
			 before the election.
			 52 U.S.C. Section
			 20302(a)(8)(A). The U.S.
			 District Court for the Middle District of Alabama and the Eleventh Circuit
			 Court of Appeals have held that this provision applies to federal runoff
			 elections.
Thus, when a UOCAVA voter requests to vote in a federal primary
				runoff election on or before the 45th day before
				such election, the ballot must be transmitted to the voter on or before the
				45th day before the primary runoff election by the
				method of transmission requested by the voter.
For a variety of reasons, it has long been Alabama's preference
				to hold any runoff elections, also known as second primary elections, less than
				45 days after the first primary election. Separating the elections sufficiently
				to allow for the determination of the primary election results and the printing
				and transmission of the primary runoff ballots would mean more than two months
				between the two elections. Accordingly, the State recently implemented instant
				runoff ballots for UOCAVA voters in order to address the State's concerns about
				the primary schedule while protecting the rights of UOCAVA voters to
				participate in federal elections and ensuring the State's compliance with
				federal law.
This chapter applies only to UOCAVA voters in the circumstances
				described below. It provides procedures for election officials to follow when
				there is a federal primary election in a county or portion of a county where
				three or more candidates have qualified with the same political party to run
				for the same federal office (other than the office of President).
These rules do not alter in any way the current election
				cycle.
Instant runoff ballots are not needed for a Presidential race,
				regardless of the number of candidates qualifying for that office, because
				Alabama does not hold a second primary election in that race.
(b) To facilitate the participation of UOCAVA
			 voters in Alabama's federal second primary elections, ballot preparation under
			 the UOCAVA State Written Plan for Federal Primary Runoff Election shall be as
			 follows.
1. When three or more candidates have
			 qualified with the same political party to run for the same federal office
			 (other than the office of President), the probate judge shall prepare both a
			 special federal ballot and a special state ballot for the primary election. The
			 special federal ballot materials shall include instructions prepared by the
			 Secretary of State. These instructions shall explain how a UOCAVA voter casts
			 his or her vote using the special federal instant runoff primary
			 ballot.
2. If necessary, the
			 probate judge shall prepare a special state ballot for a second primary
			 election.
(c) The
			 content of special federal and special state ballots shall be as follows.
1. A special federal ballot shall be used in
			 a federal instant runoff primary election. The special federal ballot shall
			 contain a list of all federal offices (other than the office of President) for
			 which three or more candidates have qualified with the same political party to
			 run for the same federal office and said candidates' names. The special federal
			 ballot shall permit the UOCAVA voter to cast a ballot in a federal instant
			 runoff primary election by indicating his or her order of preference for each
			 candidate for each federal office listed on the ballot. UOCAVA voters may also
			 use this ballot to participate in the second federal primary election alone, in
			 which case it shall be specifically labeled "Runoff Only." The labeling may be
			 done in the ballot preparation or manually prior to its transmission to the
			 UOCAVA voter.
2. A special state
			 ballot shall be used when there is the possibility of a federal primary runoff
			 election. This ballot shall contain the office of President in presidential
			 election years, any federal offices for which
only two
candidates have qualified with the same political party to run for the same
			 office and said candidates' names, all state and county offices and said
			 candidates' names, and any referenda to be voted on in the primary
			 election.
3. If necessary, a
			 special state ballot for a second primary election shall be used. This ballot
			 shall contain any state or county offices for which a second primary election
			 is required, the names of the candidates who have qualified for said offices,
			 and any referenda to be voted on in a second primary election.
(d) Issuance and transmission of
			 ballots shall be as follows.
1. When a UOCAVA
			 voter requests an absentee ballot and votes in a precinct where a federal race
			 with the potential for a runoff is on the ballot, the absentee election manager
			 shall initially issue both a special federal ballot and a special state
			 ballot.
2. The ballots shall be
			 transmitted together, with provisions made for both ballots to be returned
			 together.
3. If the UOCAVA voter
			 has requested a runoff ballot, and there is the potential for a runoff in a
			 non-federal race, or if any referenda are contained on a special state second
			 primary election ballot, the absentee election manager shall issue the special
			 state second primary election ballot to the voter when it is ready.
(e) UOCAVA voters may participate
			 in Alabama's federal primary election and any second federal primary elections
			 using the Federal Write-in Absentee Ballot ("FWAB").
1. UOCAVA voters who vote using a Federal
			 Write-in Absentee Ballot ("FWAB") in a federal primary election in which three
			 or more candidates have qualified with the same political party to run for the
			 same federal office may rank their choices for such candidates on the FWAB in
			 the same manner provided for in
Code of Ala. 1975
,
			 Section
			 17-13-8.1(c)
			 (2).
2. The rules contained in the UOCAVA State
			 Written Plan for Federal Primary Runoff Election shall govern the receipt,
			 counting, canvassing, storage, and reporting of FWAB ranked ballots cast in the
			 first federal primary election, and second federal primary election, if
			 necessary.
(f) The
			 deadline for receipt of ballots shall be as follows.
1. Special Federal Ballot, FWAB, or Special
			 State Ballot for Primary Election.
(i) If
			 received by mail, no special federal ballot, FWAB, or special state primary
			 ballot shall be opened or counted in the first federal primary election unless
			 the absentee ballot is postmarked as of the date of the first primary election
			 and received by the absentee election manager no later than noon seven days
			 after the first primary election.
(ii) If received electronically, no special
			 federal ballot or special state primary ballot shall be opened or counted in
			 the first federal primary election unless the absentee ballot is received by
			 midnight on the date of the first primary election.
2. Special Federal Ballot, FWAB, or Special
			 State Ballot for Second Primary Election.
(i)
			 If received by mail, no special federal ballot, FWAB, or special state ballot
			 for a second primary election shall be opened or counted unless the absentee
			 ballot is postmarked as of the date of the second primary election and received
			 by the absentee election manager no later than noon seven days after the second
			 primary election.
(ii) If received
			 electronically, no special federal ballot or special state ballot for a second
			 primary election shall be opened or counted unless the absentee ballot is
			 received by midnight on the night of the federal primary runoff
			 election.
(g)
			 The determination as to whether the special federal ballot is entitled to be
			 counted shall be as follows.
1. For a federal
			 primary election in which three or more candidates have qualified with a single
			 political party to run for the same federal office (other than the office of
			 President), where the voter is required to complete an absentee ballot
			 affidavit, the absentee election poll officials provided for in
Code of Ala. 1975
, Section
			 17-11-11 shall follow the procedures set forth in
Code of Ala.
			 1975
, Section
			 17-11-10 to determine whether the UOCAVA absentee ballot affidavit establishes that the
			 UOCAVA voter is entitled to vote by absentee ballot. Where the voter is
			 required to complete an overseas voter certificate in accordance with
Code of Ala. 1975
, Section
			 17-11-46,
			 the absentee election manager shall determine whether the overseas voter
			 certificate establishes that the UOCAVA voter is entitled to vote by absentee
			 ballot.
2. The determination in
			 paragraph (1) governs all ballots submitted together, including for any second
			 federal primary election, such that no new determination as to the adequacy of
			 the same absentee ballot affidavit, or overseas voter certificate, as
			 applicable, need be made.
3. For
			 any ballots submitted separately, such as stand-alone runoff ballots or a
			 special state ballot for a second primary election, where the voter is required
			 to complete an absentee ballot affidavit, the absentee election poll officials
			 provided for in
Code of Ala. 1975
, Section
			 17-11-11 shall follow the procedures set forth in
Code of Ala.
			 1975
, Section
			 17-11-10 to determine whether the UOCAVA absentee ballot affidavit establishes that the
			 UOCAVA voter is entitled to vote by absentee ballot. Where the voter is
			 required to complete an overseas voter certificate in accordance with
Code of Ala. 1975
, Section
			 17-11-46,
			 the absentee election manager shall determine whether the overseas voter
			 certificate establishes that the UOCAVA voter is entitled to vote by absentee
			 ballot.
4. If the absentee election
			 poll officials or absentee election manager, as applicable, determine(s) that
			 the UOCAVA absentee ballot is entitled to be counted, upon the closing of the
			 polls, the ballot shall be counted in accordance with state law.
5. If the absentee election poll officials
			 determine that an absentee ballot affidavit is insufficient and therefore the
			 UOCAVA absentee ballot is not entitled to be counted, a record shall be made as
			 to the reason for rejection of the ballot and said record of the reason for
			 rejection of any ballot shall be provided to the absentee election manager. If
			 the absentee election manager determines that an overseas voter certificate is
			 insufficient and therefore the UOCAVA absentee ballot is not entitled to be
			 counted, a record shall be made and maintained as to the reason for rejection
			 of the ballot. The absentee election manager shall thereafter record in the
			 statewide election management system which absentee ballots have been accepted
			 or rejected and if rejected, the reason therefor.
(h) The method for counting the special
			 federal ballot and FWAB and securing same shall be as follows.
1. In a federal primary election in which the
			 special federal ballot or FWAB is used, the first choice preference of each
			 voter shall be the vote counted as cast by the voter. Only the first choice
			 preference votes of the voters shall be counted or divulged during the count or
			 upon the conclusion of the primary election. The total count of first choice
			 preference votes received by each federal candidate shall be added to the count
			 of votes produced for candidates pursuant to Section
			 17-13-13.
2. Upon the conclusion of this count, the
			 special federal ballots or FWABs shall be returned to the absentee election
			 manager, who shall secure and maintain the ballots until the time for counting
			 the ballots for any second primary election. Any FWAB on which the UOCAVA voter
			 has written in a single choice in the federal Congressional races and where the
			 voter's single choice is facing only one opponent is a FWAB which has not
			 registered a vote for any potential federal runoff election, and it may be
			 returned to the absentee election manager or secured along with the traditional
			 ballots pursuant to governing state law.
3. If a federal second primary election is
			 necessary, the vote to be counted as cast by each voter shall be the highest
			 designated choice of the voter of the two candidates participating in the
			 contest. In the event that the voter has only ranked one choice, the vote will
			 be counted for that candidate if he or she is a candidate in the federal runoff
			 election. The total count of the votes received by each candidate shall be
			 added to the count of votes pursuant to Section
			 17-13-18.
4. If, on the special federal ballot, the
			 voter marks an "X" or places a check mark by only one candidate's name, circles
			 only one candidate's name, or otherwise clearly designates his or her choice
			 for only one candidate, that candidate shall be counted as the voter's first
			 choice candidate.
5. The votes for
			 any office listed on the special federal ballot or FWAB shall be canvassed,
			 certified, and announced in the manner provided for in Section
			 17-13-17 and Section
			 17-13-18.
6. Upon the conclusion of the first federal
			 primary election, and the second federal primary election, if necessary, the
			 special federal ballots and FWABs shall be stored with the records of election
			 as required by state law, but shall be segregated from regular absentee ballots
			 and labeled.
(i) The
			 method for counting the special state ballot shall be as follows.
1. The special state ballot shall be counted
			 in the manner provided for in Section
			 17-13-13 or Section
			 17-13-18,
			 as applicable to a primary election or second primary election.
2. The votes for any office listed on the
			 special state ballot shall be canvassed, certified, and announced in the manner
			 provided for in Section
			 17-13-17 and Section
			 17-13-18.
3. If the absentee election officials
			 determine that an absentee ballot affidavit is insufficient and therefore the
			 UOCAVA absentee ballot is not entitled to be counted, a record shall be made as
			 to the reason for rejection of the ballot and said record of the reason for
			 rejection of any ballot shall be provided to the absentee election manager. If
			 the absentee election manager determines that an overseas voter certificate is
			 insufficient and therefore the UOCAVA absentee ballot is not entitled to be
			 counted, a record shall be made and maintained as to the reason for rejection
			 of the ballot. The absentee election manager shall thereafter record in the
			 statewide election management system which absentee ballots have been accepted
			 or rejected and if rejected, the reason therefor.