reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to provide procedures for the
				  organization of the Alabama Drought Assessment and Planning Team (ADAPT), the
				  publication of a State Drought Plan, the contents of community public water
				  system drought conservation plans, procedures for reporting voluntary and
				  mandatory restrictions or reductions by community public water systems to OWR,
				  procedures for the issuance of Drought Declarations by OWR, and for
				  rulemaking.
Author:
Tom Littlepage
Statutory Authority:
Code of Ala.
					 1975
, §§ 9-10 C-1 et
					 seq.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
These regulations are applicable to all community public
				  water systems. They require all community public water systems to develop and
				  provide a drought conservation plan and report required drought response
				  activities as outlined in that plan in accordance with the requirements of this
				  chapter.
Author:
Tom Littlepage
Statutory Authority:
Code of Ala.
					 1975
, §§ 9-10 C-1 et seq.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.04 - State Drought Plan

Current through Register Vol. 42, No. 9, June 28, 2024
OWR shall publish a State Drought Plan containing at least
				  the minimum requirements found in the Act and update it periodically but no
				  less than every five years in accordance with Section 9-10 C-3 of the Act.
				  Prior to the establishment, revision, or update of the State Drought Plan, OWR
				  shall consult with the ADAPT and the MIG as well as the Alabama Water Resources
				  Commission.
Author:
Tom Littlepage
Statutory Authority:
Code of Ala.
					 1975
, § 9-10 C-3.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.05 - Organization And Operation Of ADAPT

Current through Register Vol. 42, No. 9, June 28, 2024
(1) ADAPT shall be composed of the membership
				established by Section 9-10 C-4(a) of the Act. Additional voting members may be
				appointed by the Governor of Alabama. The Office of Water Resources Division
				Chief may appoint additional members from a federal or county governmental
				agency but any such members will serve in an ex officio capacity only and will
				not be able to vote and will not count towards any meeting quorum. No member of
				ADAPT or their designee may represent more than one ADAPT entity at a
				meeting.
(2) The Office of Water
				Resources Division Chief, or his designated representative, shall serve as the
				Chair of the ADAPT and call, preside and conduct all meetings of ADAPT. The
				Chair of ADAPT shall have the following additional powers and duties:
(a) The Chair of ADAPT shall call at least
				two meetings of ADAPT annually.
(b)
				The Chair of ADAPT shall appoint the MIG Chair.
(c) The Chair of ADAPT shall appoint members
				to the MIG who are well qualified and experienced in drought planning or
				drought response. Members of the MIG may or may not be members of the
				ADAPT.
(d) The Chair of ADAPT is
				authorized to create any other subcommittees as he or she deems necessary and
				appoint the subcommittee chairperson and members.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.06 - Drought Declarations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) With
				input from ADAPT and the MIG and based upon an assessment of conditions, OWR
				shall issue drought declarations in accordance with the State Drought Plan.
				Each drought declaration shall consider the intensity and impacts of the
				drought and projected forecasts for the foreseeable future in order to alert
				and educate water users, water system managers, and stakeholders on conditions
				throughout the state or portions of the state. Drought declarations are
				distinguished from the weekly Drought Monitor in that drought declarations are
				issued by OWR and include local and regional assessments of conditions, impacts
				and forward-looking forecasts as opposed to the Drought Monitor which is issued
				by the Federal Government and only represents a national depiction of drought
				conditions as of a fixed point in time each week without any consideration of
				how conditions may change in the future.
(2) When OWR issues a Drought Declaration
				designating an area of the state as impacted by drought, community public water
				systems that depend on water from the designated area shall, for the duration
				of the designation:
(a) Monitor water supply
				conditions;
(b) Implement any
				appropriate provisions of their community public water system drought
				conservation plan, as determined by the specific indicators established in
				their plan;
(c) Educate customers,
				employees, and the public on the need to conserve water and how to prepare for
				potentially more severe drought conditions;
(d) Inspect water delivery system components
				and ensure that existing equipment is operating as efficiently as
				possible;
(e) Stay informed on
				drought and water shortage emergency conditions and participate in
				state/regional coordination for the management of water resources;
				and
(f) Evaluate the feasibility of
				reclaiming, recycling, and/or reusing water to meet water needs.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.07 - Community Public Water System Drought Conservation Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An authorized representative (manager,
				board representative, engineering consultant, etc.) from each community public
				water system shall submit a local drought conservation plan to OWR no later
				than 180 days from the effective date of these regulations. A community public
				water system may be granted additional time, if a request is submitted in
				writing and approved by OWR in writing.
(2) The OWR may waive certain requirements of
				the drought conservation plan if the community water system demonstrates the
				need for a waiver. A waiver request must be submitted to OWR, in writing, with
				the justification for such a waiver. Examples of circumstances where OWR might
				issue such a waiver include but are not limited to:
(a) A wholesale community public water
				system, meaning a community water system that only sells water directly to
				other community public water systems and has no residential connections,
				or
(b) Other unique circumstances
				as deemed appropriate by OWR.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.08 - Reporting Of Voluntary Or Mandatory Restrictions Or Reductions By Community Public Water Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				community public water system which implements any voluntary or mandatory water
				use restrictions or reductions shall report to OWR those reductions or
				restrictions, in paper or electronic format or by such other means approved by
				OWR in a manner specified by OWR, within seven (7) days of the issuance of such
				restriction or reduction.
(2) Any
				report submitted pursuant to paragraph (a) above shall describe, at a minimum,
				the restrictions or reductions or other measures implemented, the effective
				date, the expiration date or length of time they are estimated to remain in
				place, and the name of the system official that authorized the water use
				restriction.
(3) Within seven (7)
				days after modifying or lifting restrictions, reductions or other measures
				utilized to protect water supplies during a drought, the community public water
				system shall notify OWR, in paper or electronic format or by such other means
				approved by OWR in a manner specified by OWR, of the modification or lifting of
				restrictions, reductions or other drought response measures and the effective
				date of such action.
Author:
Tom Littlepage
Statutory Authority:
Code of Ala.
					 1975
, § 9-10 C-7.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › OFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION › Chapter 305-7-13 - DROUGHT PLANNING AND RESPONSE › Section 305-7-13-.09 - Rulemaking Authority

Current through Register Vol. 42, No. 9, June 28, 2024
Section 9-10 C-10 of the Act authorizes the Office of Water
				  Resources to adopt rules consistent with the objectives of the Act. In adopting
				  rules pursuant to the Act, OWR will utilize those procedures outlined in the
				  Alabama Administrative Procedures Act Sections 41-21-1 et seq.,
Code of Ala. 1975
, and the Alabama Water Resources
				  Act, Sections 9-10 B-1 et seq.,
Code of Ala.
				  1975
.
Author:
Tom Littlepage
Statutory Authority:
Code of Ala.
					 1975
, §§ 9-10 C-1 et
					 seq.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.01 - Background

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Surplus
				Property Division was originally created under the Alabama State Board of
				Education's area of responsibility as the Surplus Property Division of State
				and Federal Property Assistance. Governor Jim Folsom, Sr., issued Executive
				Order No. 11 on May 28, 1956, directing that the Surplus Property Division be
				the official state agency to receive all federal and state surplus property.
				The Surplus Property Division was then transferred to the Department of Finance
				when Governor Fob James issued Executive Order No. 39 on March 3, 1981. It is
				now located under the Department of Economic and Community Affairs, by way of
				Executive Order No. 11 issued by Governor George C. Wallace on August 22,
				1983.
(2) Acts of Alabama No.
				84-249, No. 87-584, and No. 93-748 comprise the state law governing the
				disposition of surplus personal property owned by the State of Alabama. Federal
				surplus property disposition is governed by the Federal Property and
				Administrative Services Act of 1949, as amended, the Federal Property
				Management Improvement Act of 1988, and the Federal Property and Administrative
				Services Act of 1988.
(3) The
				Surplus Property Division is given full authority to handle the transfer of
				government surplus personal property, as well as the transfer of personal
				property from any other institutions both public and private within the State
				of Alabama, and to handle the fair and equitable distribution of all property
				transferred to the State.
Author:
Shane T. Bailey
Statutory Authority:
Code of Ala.
					 1975
, §
											41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Surplus
				Property Division provides essential property disposition services to most all
				state departments, boards, bureaus, commissions, Special Education Activities,
				Small Business Administration's Section 8A businesses, institutions,
				corporations, agencies, and some non-public or non-profit entities as provided
				by law. The division shall continually seek to develop improved methods for the
				most effective utilization, distribution, and disposal of federal and state
				surplus personal properties. The division is required to establish appropriate
				rules, regulations, and guidelines which will deliver quality service to all
				state agencies and other surplus property program eligible entities.
(2) The Surplus Property Division is
				responsible for screening all property that is declared to be surplus within
				this State.
(23) The Surplus
				Property Division also screens and can request property which is declared to be
				surplus by the federal government on federal installations anywhere in the
				world. The Division is responsible for removing all property approved for
				transfer to the State from the federal holding facility in a timely and
				economical manner. Such federal surplus property is then to be dispensed to
				eligible donees in a fair and equitable manner based on needs, resources, and
				abilities ability to utilize the property.
Author:
Shane T. Bailey
Statutory Authority:
Code of Ala.
					 1975
, §
											41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.04 - Adoption Of Federal Rules By Reference

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For the purpose of effective
				implementation under the Alabama Administrative Procedure Act of the specific
				federal surplus property program responsibilities administered by the Surplus
				Property Division, the following federal acts and regulations are hereby
				adopted by reference:
(a) Federal Property
				and Administrative Services Act of 1949, as amended, June 30, 1949, Chapter
				288, 63 Stat. 377;  40 U.S.C. §§
											471 through  760,  41 U.S.C. §§
											251 through  260,  44 U.S.C. §§
											2101 through  2110.
(b) Federal Property Management Improvement
				Act of 1988, Public Law 100-612.
(c) Federal Property and Administrative
				Services Act of 1988, Public Law 100-656.
(d) Implementing regulations under Surplus
				Government Property found in 41 Code of Federal Regulations §§101-44,
et seq
.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.05 - General Description Of Organization And Operation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Organization. The Surplus Property
				Division is a division of the Alabama Department of Economic and Community
				Affairs.
(a) Director. The Director of the
				Department of Economic and Community Affairs shall be responsible for the
				distribution, transfer, or disposal of all surplus personalproperty owned by
				the state and all right, title, interest, and equity in said property shall be
				transferred to the department for such purpose. The Director shall maintain
				full authority over the Surplus Property Division in its functions, duties,
				responsibilities and obligations under both the federal and State surplus
				property laws and regulations, and other laws, rules, directives, and
				policies.
(b) Division Chief
				Director. The Division Chief Director of the Surplus Property Division shall be
				the administrative head of the Division. The Division Chief Director shall
				supervise and control the distribution or disposal of the surplus property
				under the Division's domain. The Division Chief Director shall also direct,
				supervise, and control the implementation and enforcement of any law, rule,
				regulation, policy, or directive with which the Division is charged or the
				performance of any of its functions or duties.
(c) Administration. The Department Director
				and Division Chief Director may issue such rules, directives, and policy
				guidance for in-house administration of the Surplus Property Program at the
				state level and within the Division. Each rule, directive, and policy guidance
				issued for in-house administration shall remain in effect until specifically
				superseded or rescinded. Copies of such issuances shall be maintained in the
				office of the Surplus Property Division and shall be made available for public
				inspection during normal working hours upon reasonable or timely request. Also,
				copies of any such issuance may be obtained by written request which describes
				the particular rule, directive, or policy so requested, and accompanied by a
				twenty-five cents ($.25) per page fee for photocopying and mailing expenses.
				Written requests may be addressed to the Surplus Property Division, Alabama
				Department of Economic and Community Affairs,401 Adams Avenue, P.O. Box 5690
				210487, Montgomery, Alabama 36103-5690 36121-0487, Telephone Number (334)
				277-5866.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.07 - Compliance, Certification, And Utilization Responsibilities For Surplus Property

Current through Register Vol. 42, No. 9, June 28, 2024
When an eligible entity receives federal or state surplus
				  property, the entity must certify to the Surplus Property Division that the
				  property will be used in accordance with the following certifications and
				  agreements as stated in CFR 41 CR 101 and listed on the reverse of the
				  invoice.
Author:
Shane T. Bailey
Statutory Authority:
Code of Ala.
					 1975
, §
											41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.08 - Penalties For Violations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				violation of any of the provisions of this manual shall constitute a Class B
				misdemeanor punishable as described by state law.
(2) Any sale of tangible personal property or
				standing timber of the state made in violation of terms of these rules shall be
				null and void, and the person or persons responsible for the violation shall be
				subject to liquidated damages of not less than $1,000.00 nor more than
				$10,000.00, which may be recovered for the State of Alabama by the attorney
				general by civil action in the circuit court of Montgomery County. Any moneys
				recovered by the attorney general under this section shall be equally divided
				between the office of the attorney general and the state general fund.
Author:
Shane T. Bailey
Statutory Authority:
Code of Ala.
					 1975
, §
											41-23-6.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.09 - Administrative Funding

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The income
				received from the receipt of service charges assessed and collected by the
				Surplus Property Division in its implementation of these rules is utilized to
				operate the Division and to ensure its continued efficient
				operations.
(2) The Division shall
				establish twothree accounts within the state treasury for the purpose of
				operating the surplus property function. The accounts and their respective
				funds deposited into these accounts shall operate as follows.
(a) Federal surplus property account. This
				account shall have deposited into it all funds received from the sale and
				distribution of donated federal surplus personal property. The funds may be
				expended from time to time by the Department. At no time shall the funds in
				this account revert to the state general fund. This account shall be
				perpetual.
(b) State surplus
				property account. This account shall have a deposited into it all funds
				received from the sale and distribution of state-owned surplus personal
				property, and any funds appropriated from the state's general fund for the
				operation of the surplus property function. The funds may be expended from time
				to time by the Department on a fiscal year basis. On September 30 of each
				fiscal year, any unencumbered funds remaining in this account, up to an amount
				equal to the operating expenses of the quarter ending on September 30 of the
				perspective year shall be set aside for use during the following quarter
				beginning on October 1. Any remaining funds in this account shall revert to the
				state general fund.
(c) Revolving
				account. Use for purchase of GSA vehicles.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.10 - Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following
				forms correspond and are submitted with these rules.
(a) Non-consumable Personal Property
				Receiving/Transfer/Invoice form
(b)
				Temporary Permit form(c) Wanted (State Surplus) form
(cd) Restrictions (Federal Surplus)
				form
(de) Bill of Sale
				form
(e) Federal service charge
				formula
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.11 - Voluntary Nonprofit Rescue Squad And Voluntary Nonprofit Ambulance Service State Surplus Property Loan Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This rule applies to voluntary nonprofit
				ambulance services and voluntary nonprofit rescue squads which are operated as
				a public service for the benefit of the citizens of the state and establishes a
				procedure for loaning state-owned surplus property to these entities.
(a) Pursuant to the Alabama Code §
										41-4-33.2(b),
				state-owned surplus property will be made available for screening by the
				Ambulance Advisory Board and the Alabama Association of Rescue Squads for the
				ambulance/rescue loan program beginning forty-five (45) days prior to an
				auction and terminating ten (10) days thereafter.
(b) The dates of auctions will be made
				available to the Ambulance Advisory Board and to the Alabama Association of
				Rescue Squads at least sixty (60) days prior to the date of an
				auction.
(c) The state Board of
				Health Ambulance Advisory Board (the Board) and/or the Alabama Association of
				Rescue Squads, Inc., (the Association) shall screen state-owned surplus
				property for volunteer ambulance services and volunteer rescue squads for use
				in ambulance and rescue purposes exclusively.
(d) The Board and the Association may
				designate up to five (5) screeners each and shall identify the designated
				screeners by name in a letter from the Board or the Association to the Division
				Chief of the Surplus Property Division of ADECA.
(e) The Board and/or the Association shall
				determine what state-owned surplus property may be of use by the volunteer
				ambulance services or volunteer rescue squads respectively.
(f) The Board or the Association shall submit
				a letter of intent of usage to ADECA Surplus Property Division and in the
				letter of intent shall identify the property and the entity who will receive
				the property.
(g) In order to be
				eligible to receive state surplus property under the loan program, each
				volunteer rescue squad must be an Association member in good standing for a
				period of not less than one year and must meet the requirements of being an
				eligible nonprofit organization.
(h) Rescue squads which have been deemed
				eligible under the previous paragraph must complete a state-owned surplus
				property conditional loan transfer document for each parcel of property. They
				must maintain an inventory of all such property along with current pictures and
				submit the inventory to the Surplus Property Division on an annual
				basis.
(i) Forms for use in the
				loan program shall be developed by the Surplus Property Division of ADECA and
				amended from time to time as necessary.
Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-10-1 - OPPORTUNITY ZONES › Section 305-10-1-.01 - Determining Location To Be In Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to the Alabama Incentives Modernization Act (Act
				  #2019-392), ADECA shall "promulgate rules for determining whether an investment
				  in a corporation or partnership should be considered to be located in Alabama."
				  In making that determination, ADECA shall apply the following:
(1) Qualified opportunity zone property shall
				be considered to be located in Alabama if it is:
(a) Qualified opportunity zone stock as
				defined in
				26
				U.S.C. 1400Z-2(d)(2)(B), if
				the corporation is a qualified opportunity zone business located in
				Alabama;
(b) Qualified opportunity
				zone partnership interest as defined in
				26
				U.S.C. 1400Z-2(d)(2)(C), if
				the partnership is a qualified opportunity zone business located in Alabama;
				or,
(c) Qualified opportunity zone
				business property as defined in  26 U.S.C. 1400Z  -(d)(2)(D), if located in
				Alabama.
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.02 - Application Of Law

Current through Register Vol. 42, No. 9, June 28, 2024
Except as provided in these rules, the use of marksense ballots in all elections shall be governed by the law governing the use of paper ballots and the use of direct recording electronic voting devices shall be governed by the law governing voting machines including, where local legislation permits, the use of voting centers.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.03 - Application To Municipal Elections

Current through Register Vol. 42, No. 9, June 28, 2024
To the extent practicable, these rules shall apply in all municipal elections that are conducted using direct recording electronic voting devices or marksense ballot counting systems. The duties assigned in these rules to a state or county election official shall be performed by the corresponding municipal official. Where there is no corresponding municipal official, these duties shall be performed by the municipal clerk or other election official where the clerk is ineligible to perform these duties. Where these rules 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. For purposes of municipal elections, references in these rules to the county governing body shall mean the municipal governing body.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.05 - Testing Of Central Ballot Counters

Current through Register Vol. 42, No. 9, June 28, 2024
Each central ballot counter shall be tested in the same manner as required for precinct counters except that there shall be a set of test ballots, together with any necessary header cards for each ballot configuration to be voted on in the county or section of the county to which the central counter is assigned. In addition to the pre-election test prescribed for precinct counters, all central ballot counters will be tested on election day before and after the ballots from the precincts are counted. The tests on election day shall be conducted by the poll officials assigned to the central counter using the same test ballots that were used by the probate judge in the pre-election test.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.06 - Ballots

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Marksense ballots shall, so far as practicable, be in the same order of arrangement as provided by Sections 17-8-4 and 17-8-5 for paper ballots, except that they shall be of the size and design required by the marksense ballot counters and may be printed upon one or more separate pages or cards. Marksense ballots shall not contain the square for the voters' numbers as provided in Sections 17-8-13 and 17-8-35, and seals shall not be provided for each ballot. Marksense ballots shall be manufactured with one detachable stub and numbered sequentially within each county with the sequence number printed on the stub but not on the ballot itself. There shall be printed on each marksense absentee and precinct ballot (both for precinct count and central count ballots) the ballot style number. This ballot style number shall represent the political race makeup of the ballot.
(2) In primary elections, constitutional amendments may be printed on party ballots, provided that sufficient ballots containing only the constitutional amendments are available for these voters who do not wish to sign the pledge for a party ballot.
(3) Secrecy envelops or folders shall be provided in sufficient quantity for use by voters in transporting their completed ballots from the voting stations to the precinct counter or ballot box.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala., 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.07 - Custody And Transportation Of Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
Sections 17-9-36 and 17-9-37, which provide for the custody and transportation of voting machines, shall apply to marksense ballot counters as well. In addition to the custodian now authorized by law, a county may employ electronic voting specialists to serve as troubleshooters during elections. These persons are to be trained in the operation of electronic voting equipment and in these procedures. They may be sent to assist in any precinct, but they shall not assume the title or authority of the regular poll workers assigned to a precinct.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.08 - Voters Per Precinct

Current through Register Vol. 42, No. 9, June 28, 2024
In assigning voters to voting equipment as provided by Sections 17-5A-3 through 17-5A-6, the county commission shall not be bound by the limits of 300 voters per ballot box or 600 voters per voting machine. The county commission shall provide sufficient precinct counters, or ballot boxes where central counters are used, to ensure that all qualified voters shall be given an opportunity to vote without undue delay. There shall be at least one precinct counter, or ballot box where central counters are used, for each 2400 expected voters or fraction thereof. The number of expected voters shall be the largest number of votes cast in that precinct during the last four years. If the manufacturer's recommended maximum number of ballots is less than 2400, then that recommended number shall be used to determine the number of counters.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.09 - Provision Of Voting Stations

Current through Register Vol. 42, No. 9, June 28, 2024
The county commission shall provide sufficient voting stations so that each voter shall be given the opportunity to vote in privacy without undue delay. At no time shall the number of voters permitted in the voting area exceed the number of private voting stations available, unless the voter chooses to vote without utilizing a private voting station.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.10 - Appointment And Duties Of Poll Officials

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The poll officials to be appointed in accordance with Section 17-6-1 shall be at least one inspector and three clerks. The inspector shall be in charge of the precinct, shall serve as official challenger in accordance with Section 17-12-2, and shall serve as precinct returning officer in accordance with Section 17-6-1.
(2) The registration list clerk shall check the name of voters against the list of registered voters and mark off the names of those who vote in order to prevent double voting. If any persons whose names does not appear on the list of registered voters are permitted to vote only by means of a certificate as provided in Sections 17-4-127 and 17-16-23, or by means of a challenged ballot as provided in Chapter 17-12 and Sections 17-16-23 and 17-16-24, the registration list clerk shall legibly print their names and addresses on the list of registered voters, mark through the names that these persons have voted, and record by the names the means by which they voted, i.e. certificate (with source and date) or challenged ballots.
(3) The poll list clerk shall ensure that each voter signs the poll list as provided in Sections 17-7-15 and 17-16-14. The second poll list provided for by Sections 17-8-34 and 17-9-23 is not mandatory. However, if the voter's signature is illegible, a clerk shall print the voter's name on the same or a duplicate list so that the signature can be identified. The poll list clerk shall give a marksense ballot to the voter, being sure that the stub remains attached to the ballot pad. The ballots shall be given out in sequence beginning with the lowest numbered ballot.
(4) Upon the request of a voter, the ballot clerk shall assist the voter as necessary to deposit the ballot in the precinct ballot counter or, where central counters are used, in the ballot box, taking care to preserve the secrecy of the ballot box.
(5) A county may employ additional poll officials, as necessary to serve at any precincts and at a central ballot counter or memory pack tabulator where these are used. These additional poll officials shall be appointed in the same manner and serve under the same conditions as the poll officials named in this section.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.12 - Ballot Accounting Certificates

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As soon as the marksense ballots are issued to a precinct, the issuing authority, or his representative, and the inspector shall complete and sign the following statement:
"Marksense ballots numbered sequentially from _____ (lowest numbered ballot) through _____ (highest numbered ballot) were issued to _____________ (name of precinct) at _____ (time) on ______ (date)."
(2) Immediately after the last vote has been cast, the poll officials shall complete the following statement:
"Total number of unused ballots __________________
Number of spoiled ballots _______________________
Number of votes from public counter of machine (precinct counter only) ___________
Number of marksense ballots voted ________________ (central counters only)"
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.13 - Number Of Voters In Polling Place

Current through Register Vol. 42, No. 9, June 28, 2024
The limit of ten electors per polling place prescribed by Section 17-8-29 shall not apply where either marksense ballot counters or direct recording electronic voting equipment are used. In precincts utilizing marksense ballot counting systems, at no time shall the number of voters permitted in the voting area exceed the number of private voting stations available unless the voter chooses to vote without utilizing the private voting stations.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.14 - Spoiled Ballots

Current through Register Vol. 42, No. 9, June 28, 2024
Spoiled ballots shall be retained in a separate container.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.15 - Challenged Ballots

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The procedure for challenging voters shall be the same as prescribed in Chapter 17-12 and Sections 17-16-23 and 17-16-24. After the challenged voter has signed the poll list, the poll list clerk shall: take a regular marksense ballot, write on it the number adjacent to the voter's name on the poll list, disable the ballot so that it cannot be counted electronically, and give it to the challenged voter. A challenged ballot may also be cast on a paper ballot as now prescribed by law. When the challenged voter has completed the ballot, it shall be deposited in a separate box or envelope maintained for that purpose by the ballot clerk. In central count systems, challenged ballots shall be counted by hand after the central count poll officials at the central count location have been closed the polls. In precinct count systems, challenged ballots shall be counted by hand by the precinct poll officials at the precincts and the results shall be handwritten on the tape printed by the precinct ballot counter which contains the totals.
(2) Where multiple poll lists are used in a voting center, a separate challenged voters' poll list shall be used so that each number can be associated with only one name.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.16 - Write-In Votes

Current through Register Vol. 42, No. 9, June 28, 2024
Write-in votes shall be permitted only in non-municipal general elections. The ballot must be constructed so that the voter can mark or punch a write-in vote for each office in the same manner that votes are registered for regular candidates. In order to cast a valid write-in vote, the voter must:
(1) write the name on the ballot or secrecy envelope and
(2) register the vote by a mark or punch in the space designated for that office. A write-in shall not be counted if the vote is not registered as provided above. Over-votes caused by write-ins shall be treated in the following manner. If a voter registers a vote for a name on the ballot and then writes in another name for the same office but fails to register the write-in vote, the ballot shall be treated as if no write-in had occurred and the regular vote shall be counted. If a properly registered write-in causes an over-vote, it shall be treated as any other over-vote; and none of the votes for the over-voted office shall be counted. However, the remainder of the ballot shall be counted. When counting write-in votes, poll officials must check for over-votes if the marksense ballot counter does not perform the function.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.17 - Counting Of Votes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An elector's ballot shall be counted for each office to be filed except for each office where it is impossible to determine the elector's choice for that office. The inability to determine the voter's choice for any particular office to be filled shall not cause the rejection of votes for other offices where the elector's choice may be determined. No ballot shall be rejected for any technical error which does not make it impossible to determine the elector's choice.
(2)
(a) In precincts utilizing precinct ballot counters, the counters shall be programmed to return the ballot to the elector if the elector has marked more names than there are persons to be elected to a particular office. The elector shall be provided the opportunity to review his or her ballot and to correct the ballot.
(b) It the elector chooses to correct the ballot, the original ballot shall be spoiled by a poll worker and the elector shall be issued a new, blank ballot.
(c) If the elector chooses not to correct the ballot, the elector shall deposit the ballot into a ballot box or other suitable container. After the close of the polls, polling officials shall count said ballot by hand as described in Sections 17-13-1 and 17-13-2. The determination of the elector's choice shall be governed by paragraph (4) of this rule. Poll watchers of opposing interests and members of the media, if any are present, shall be permitted to witness this process.
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.18 - Certificate Of Results

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Where precinct counters are used. After closing the polls and sealing the required records, the poll officials shall follow the manufacturer's instructions to lock the equipment against further voting and to obtain printouts of the votes on each office and question. The first printout shall be torn from the equipment so that all printing during the day, from the initial test before the polls opened through the first printout of results shall be on one continuous sheet or roll of paper. Then, other printouts of the results shall be produced and torn out. To each certificate shall be added, if it is not automatically printed, the following information:
(a) The name of the precinct.
(b) The date.
(c) The identifying number (serial number) of tabulating equipment.
(d) The value of the public counter (indicating the number of votes cast).
(e) The name of each candidate next to the total number of votes cast for that candidate.
(f) The number and short title of each proposition next to the number of votes for or against the proposition.
The challenged ballots and, in general elections only, any write-in votes shall be counted and the totals added to the certificates of result. All poll officials shall sign each certificate of result.
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.19 - Disposition Of Forms

Current through Register Vol. 42, No. 9, June 28, 2024
After completing and signing the certificate of result, the election officials shall seal the ballots, certificates, and other records as follows:
(1) Where precinct ballot counters are used:
(a) The list of registered voters, the record of assisted voters, the ballot accounting certificate(s) and the first copy of the certificates of result shall be placed in an envelope addressed to the judge of probate who shall keep them for public inspection and/or election contest, and the list of registered voters or a copy thereof may be used by the board of registrars in updating their records.
(b) All used marksense ballots (both voted and spoiled), all challenged ballots, one copy of the certificate of result, the poll list (already sealed in a separate envelope), one copy of each challenged voter's affidavit and each witness' affidavit, and all requests for assistance in voting shall be placed in a large envelope or box, which will be sealed and signed across the seal by all inspectors. The inspector shall retain possession of the memory pack until it is read into the tabulator.
1. Each envelope or box shall be sealed and signed across the seal by the inspectors. On the outside of each envelope the inspectors shall record the precinct or district and date of the election. The envelopes or boxes shall remain unopened and be returned by the inspector or returning officer immediately in the manner provided for by law.
2. The State Records Commission is requested to develop and keep current a schedule for the retention and disposition of election records for the guidance of the officials to whom these records are sent.
Alabama Administrative Code › Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE › Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS › Section 307-X-1-.20 - Retest

Current through Register Vol. 42, No. 9, June 28, 2024
The probate judge may order, pursuant to Section 17-24-9, a post-election retest of any precinct ballot counter, central ballot counter, direct recording electronic voting device or memory pack tabulator using the same procedures prescribed for the pre-election test. If the retest shows a malfunction or error in the equipment or its program, the probate judge shall order a recount as described below at county expense.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										17-24-7(b).