Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-6 - PROCEDURES FOR PROVISIONAL VOTING › Section 820-2-6-.15 - Provisional Voting Verification Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In an election for federal, state or
			 county offices or proposed constitutional amendments or referenda, the Sheriff
			 shall deliver the precinct verification envelope from each precinct in the
			 county to the county board of registrars. In a municipal election, the
			 municipal clerk shall deliver the precinct verification envelope from each
			 precinct in the municipality to the board of registrars. Upon receipt of all
			 the precinct verification envelopes, the board of registrars shall tally the
			 number of provisional verification statements received in each precinct
			 verification envelope. The number of provisional voters identified on the
			 provisional ballot roster from the precinct should equal the total number of
			 provisional verification statements. If the roster listing and tally correctly
			 correspond, the board of registrars shall begin updating the state voter
			 registration list using the voter reidentification form contained in each
			 provisional verification envelope.
(2) When a discrepancy exists between the
			 roster listing and tally, the board of registrars shall notify members of the
			 county appointing board, or the municipal clerk in a municipal election, of the
			 discrepancy and request assistance from the county appointing board or the
			 municipal clerk, as appropriate, to resolve the matter. If the discrepancy
			 remains unresolved at the time designated for the county board of registrars to
			 deliver its findings to the judge of probate, or the municipal clerk in a
			 municipal election, the appointing board, or the municipal clerk in a municipal
			 election, shall create a written record of the discrepancy and a majority of
			 the members of both the appointing board or the governing body in a municipal
			 election and the county board of registrars shall attest to the same. The
			 written record of the discrepancy shall be provided to the canvassing board or
			 the municipal governing body with a copy included in the container housing the
			 records of the election as mandated by federal and state law.
(3) The board of registrars shall first
			 identify all provisional ballots that were cast as a result of a challenge
			 statement from an inspector. When all the provisional ballots resulting from a
			 challenge statement are identified, the board of registrars shall promptly mail
			 notice statements, as prescribed by the Secretary of State, addressed to each
			 "inspector-challenged" provisional voter and provide him or her with additional
			 information on how he or she may respond to the challenge from the poll
			 inspector.
(4) The board of
			 registrars shall use reasonable efforts to determine whether or not the ballot
			 of each provisional voter shall be counted. The absentee election manager shall
			 be contacted to resolve matters involving an absentee ballot request that
			 triggered a provisional ballot. For provisional ballots cast in a municipal
			 election, the board of registrars shall consult with the clerk of the
			 municipality to resolve issues related to residency in the municipality. When a
			 final determination is made that a vote shall or shall not be counted, a brief
			 statement explaining the board of registrars' findings shall be written in the
			 designated area of the provisional verification statement. If the board of
			 registrars creates any work papers or other correspondence in the verification
			 process, a copy of such papers and correspondence shall be attached to the
			 provisional verification statement which shall be stored in the records of
			 election. A majority of the members of the board of registrars shall sign the
			 findings of the board by certification and such certification shall include the
			 printed name and signature of each registrar signing the findings.
Authors:
Roy Wylie Granger, III; Edward Packard;
				  Jean Brown
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-1-3(a),
				  17-10-2.