HB69 By Representative Williams (JD) RFD Constitution, Campaigns and Elections Rd 1 03-MAR-15

SYNOPSIS: Under existing municipal election law, the mayor is required to deliver absentee election supplies to the clerk not less than 21 days prior to an election. Title 17, Code of Alabama 1975, requires specific deadlines for providing absentee election supplies in municipal elections.

This bill would remove conflicting language in Title 11 in order to conform to Title 17.

Under existing municipal election law, the term voting machines is used in Chapter 46 of Title 11, Code of Alabama 1975. The term voting machines in Chapter 46 generally applies to mechanical voting machines. Other election laws authorize the governing bodies of counties, municipalities, and other political subdivisions to adopt and direct the use of electronic vote counting systems.

This bill would distinguish voting machines from electronic vote counting systems in municipal elections in order to clarify that the statutory requirements applicable to voting machines do not apply to municipalities using electronic vote counting systems.

Under existing municipal election law, in the event of a tie after a runoff election, the municipal governing body votes to determine the winner. Section 17-12-23, Code of Alabama 1975, requires that, when there is a tie between the two highest candidates for the same office in a runoff election, the winner is decided by lot.

This bill would provide that in a municipal election, the municipal governing body would have one week from the runoff election canvassing date to decide the winner of the runoff election. If the governing body fails to act within that time, the tie would be decided by lot not later than 5:00 P.M. on the first Tuesday following the runoff election.

A BILL TO BE ENTITLED AN ACT

Relating to municipal elections conducted pursuant to Chapter 46 of Title 11, Code of Alabama 1975; to amend Section 11-46-32, Code of Alabama 1975, to change the deadline requirement for delivery of absentee election supplies from 21 days to 35 days prior to the election date; to amend Section 11-46-33, Code of Alabama 1975, to distinguish the term voting machines from electronic vote counting systems as defined in Title 17, Code of Alabama 1975; and to amend Section 11-46-55, Code of Alabama 1975, to provide the procedure to establish the winner of a municipal election in the event of a tie after the runoff election.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 11-46-32, 11-46-33, and 11-46-55, Code of Alabama 1975, are amended to read as follows:

§11-46-32.

"(a) The mayor or other chief executive officer of the municipality shall at the expense of the municipality procure and superintend and insure the delivery to the election officers at each polling place within the corporate limits of the municipality of the necessary election supplies and shall also procure and deliver or cause to be delivered to the municipal clerk not less than 21 days prior to the holding of any election to which this article pertains a sufficient number of the absentee ballots and the envelopes therefor prescribed by general laws and other supplies needed for the handling of absentee ballots in such election in the manner prescribed by general law. In the event the municipal clerk is a candidate in the election, he shall immediately upon receipt of the absentee ballots and other supplies deliver the same to the person appointed pursuant to Section 11-46-55 to act in his stead.

"(b) When paper ballots are used, such supplies shall consist of: At least 100 ballots for each 50 registered electors at each voting place; the same number of black seals, two inches square, around the outer edge of which is a mucilaginous surface one-fourth inch wide, so designed that a seal may be placed securely over the square bearing the ballot number in such manner that it will make it impossible to read such number without removing the seal yet such seal may be removed without obliterating the number; ballot boxes; blank poll lists; three or more cards of instructions to voters for each ward or voting district, which shall be printed in large clear type and shall contain full instructions to electors as to what should be done, first, to obtain ballots for voting, second, to prepare the ballot for deposit in the ballot box, third, to obtain a new ballot in place of one accidentally spoiled and, fourth, to obtain a watcher for each candidate to be voted for; certificates of results; oaths; and any other stationery, blank forms, or supplies necessary in the conduct of the election.

"(c) When voting machines are used, such supplies shall consist of: Ballot labels; diagrams; blanks for keeping a record of assisted voters; seals; blank forms for a statement of canvass of the votes cast on each machine, such forms to conform to the type of voting machine to be used and the designating number and letter if the construction of the machine is such as to require a designating number and letter of each candidate (or proposition) to be printed next to the candidate's name on the statement of canvass; and all other necessary election supplies for use on voting machines.

§11-46-33.

"(a) Whenever voting machines are to be used in any municipal election the municipal clerk shall:

"(1) Cause the proper ballot labels to be placed on the voting machines;

"(2) Cause the machines to be placed in proper working order for voting;

"(3) Examine all voting machines in the presence of authorized watchers for any interested persons before they are sent out to the polling places;

"(4) See that all the registering counters are set at zero;

"(5) Lock, in the presence of authorized watchers, all voting machines so that the counting machinery cannot be operated; and

"(6) Seal each one with a numbered seal, a list of which numbered seals and the number on the protective counters, together with the number of the voting place to which it was sent shall be kept as a permanent record in such clerk's office, open to any citizen.

"(b) The inspection and sealing of voting machines shall begin not later than 9:00 A.M., of the Monday before any election at which such machines are to be used and shall continue until all machines are sealed. When all machines are locked and sealed, the key to each machine shall be placed in an envelope and sealed, the signature of the municipal clerk and the signature of two watchers of opposed interest (if such there shall be) shall be placed across the seal, and on the envelope shall be written the number then on the protective counter and the number on the seal of the voting machines. This envelope shall be delivered to the election inspector who will serve as an election officer at the polling place where such machine is used.

"(c) It shall be the duty of the municipal clerk to see that a voting machine or machines, together with an instruction model for each machine showing a portion of the face of such machine in use at such election, is delivered to each and every polling place where machines are required by law to be used at least one hour before the time set for opening the polls in such ward. After the machine has been delivered, the clerk shall cause such machine to be set up in the proper manner and cause protection to be given so that such machine shall be free from molestation and injury. The protective curtains shall be examined to see that they properly conceal the actions of the voter while such voter is operating the machine. All poll lists and necessary supplies shall be delivered to the inspector at the same time the key or keys to the machine are delivered.

"(d) Except as otherwise provided by law, the term voting machines, as used in this title, shall not include electronic vote counting systems as defined in Title 17.

§11-46-55.

"(a) Commencing at 12:00 noon on the first Tuesday next after the election, the municipal governing body shall proceed to open the envelopes addressed to the governing body which have been delivered by the several returning officers to the municipal clerk, canvass the returns, and ascertain and determine the number of votes received by each candidate and for and against each proposition submitted at the election. If it appears that any candidate or any proposition in the election has received a majority of the votes cast for that office or on that question, the municipal governing body shall declare the candidate elected to the office or the question carried, and a certificate of election shall be given to the persons by the municipal governing body or a majority of them, which shall entitle the persons so certified to the possession of their respective offices immediately upon the expiration of the terms of their predecessors as provided by law. If the certification results of provisional ballots cast at the election have been received from the board of registrars prior to the first Tuesday next after the election, or if no provisional votes were cast in the election, the municipal governing body, at any special or regular meeting, may canvas the results before the first Tuesday next after the election.

"(b) If a single office is to be filled at the election and there is more than one candidate therefor, then the majority of the votes cast for the office in the election shall be ascertained by dividing the total votes cast for all candidates for the office by two, and any number of votes in excess of one half of the total votes cast for all candidates for the office shall be a majority within the meaning of subsection (a).

"(c) If two or more offices constituting a group are to be filled and there are more candidates for election than there are offices, then the majority of the votes cast for the office in the election shall be ascertained by dividing the total vote cast for all candidates for the offices by the number of positions to be filled and then dividing the result by two. Any number of votes in excess of the number ascertained by the last division shall be the majority prescribed in subsection (a) as necessary for election. If in ascertaining the result in this way it appears that more candidates have obtained this majority than there are positions to be filled, then those having the highest vote, if beyond the majority just defined, shall be declared elected to fill such positions.

"(d) If no candidate receives a majority of all the votes cast in such election for any one office or offices for the election to which there were more than two candidates, then the municipal governing body shall order a second or runoff election to be held on the sixth Tuesday next thereafter following the regular election, at which election the two candidates having received the most and the second most votes, respectively, shall be candidates, and the person receiving the highest number of votes for that office in the runoff election shall be declared elected. If only two candidates are standing for election for any one office or offices and neither candidate receives a majority, then the municipal governing body shall order a second or runoff election to be held on the sixth Tuesday next thereafter following the regular election, at which election the two candidates shall be candidates, and the person receiving the highest number of votes for that office in the runoff election shall be declared elected. In the event one of the candidates for a particular office in the runoff election withdraws, then there need not be a second election to fill the office nor shall the name of either the party so withdrawing or the remaining candidate be printed on the ballot of any second election held under this article. This second election shall be held by the same election officers who held the first election and at the same places the first election was held. If there should be a tie vote cast at any runoff election, then in that event the tie shall be decided by the municipal governing body no later than 12:00 noon on the first Tuesday following the second or runoff election. A vote for a particular candidate by a majority of those members eligible to vote of the governing body shall be necessary to decide the election in his or her favor. If the municipal governing body fails to break the tie, the elected candidate shall be decided by lot by the judge of probate of the county no later than 5:00 P.M. on the first Tuesday following the second or runoff election in the presence of the candidates and other electors who choose to be present. The municipal clerk shall file a copy of each certificate of election in the office of the judge of probate of the county in which the city or town is situated, and the judge shall file the certificate in the same manner that he or she files the declaration of the result of elections to county offices."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Municipalities

Elections

Absentee Ballots

Voters and Voting

Voting Machines

Code Amended