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17-11-49
Section 17-11-49 Witnessing or notarization of absentee ballots. (a) The Secretary of State
is granted authority to adopt requirements related to witnessing or notarization of absentee
ballots, voter identification, candidate qualifying, and ballot access procedures, ballot
printing, and the application process for absentee balloting in elections for federal, state,
county, and municipal offices and constitutional amendments and other referenda to comply
with federal law. (b) The Secretary of State is authorized to extend the deadline for receiving,
processing, and counting absentee ballots if absentee ballots are transmitted to qualified
absentee voters less than the minimum number of days prior to an election as required by federal
law. Absentee election officials utilized for the processing and counting of absentee ballots
pursuant to this section shall be appointed in the manner prescribed in Section 17-11-11,
and compensated as provided in Section 17-8-12. (Act 2011-619, p. 1417,...
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17-13-8.1
Section 17-13-8.1 Instant runoff primary elections in certain situations. (a) Notwithstanding
the provisions of Section 17-6-23 and Section 17-13-18, in a primary election or second primary
election, this section shall apply only to voters who are voting by absentee ballot pursuant
to the Uniformed and Overseas Citizens Absentee Voting Act in any county or portion thereof
in which the nomination for a federal office other than the office of President which is contested
by three or more candidates. (b) The judge of probate shall prepare each of the following:
(1) A special federal ballot to 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, contested by three or more candidates and the candidates qualifying for the
election for each office. (2) A special state ballot for the primary election shall contain
the office of President in presidential election years, any federal...
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17-11-10
Section 17-11-10 Procedure upon receipt of ballot by absentee election manager; counting of
ballots. (a) Upon receipt of the absentee ballot, the absentee election manager shall record
its receipt thereof on the absentee list as provided in Section 17-11-5 and shall safely keep
the ballot without breaking the seal of the affidavit envelope. (b) For absentee ballots received
by noon on the day of the election, the absentee election manager shall, beginning at noon,
deliver the sealed affidavit envelopes containing absentee ballots to the election officials
provided for in Section 17-11-11. The election officials shall then call the name of each
voter casting an absentee ballot with poll watchers present as may be provided under the laws
of Alabama and shall examine each affidavit envelope to determine if the signature of the
voter has been appropriately witnessed. If the witnessing of the signature and the information
in the affidavit establish that the voter is entitled to vote by...
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17-11-43.1
Section 17-11-43.1 Use of federal write-in absentee ballots by overseas voters. A person who
votes by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act,
42 U.S.C. 1973ff, may use a federal write-in absentee ballot as provided in 42 U.S.C. 1973ff-2
for casting his or her vote in any primary, primary runoff, general, or special election for
federal, state, or county office or proposed constitutional amendment or other referenda.
The Secretary of State may promulgate rules in accordance with the Alabama Administrative
Procedure Act to implement this section. (Act 2014-6, p. 21, ยง2.)...
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17-11-42
Section 17-11-42 Rules; requirements; minimum criteria. (a) If the committee determines a secure
electronic means may be established for conducting overseas absentee voting, the Secretary
of State shall promulgate rules proposed by the committee to provide that option to eligible
overseas voters. The Secretary of State may veto any rule proposed by the committee, may resubmit
any vetoed proposed rule to the committee, and may provide an alternative rule for consideration
by the committee. In the event that the Secretary of State and the committee are unable to
jointly recommend a rule, or are unable to agree on a rule, the Secretary of State shall submit
both the proposed rule of the committee and the proposed rule of the Secretary of State to
the Joint Committee on Administrative Regulation Review for comment. The Joint Committee on
Administrative Regulation Review, after review, shall return the proposed rules, with comments,
to the Secretary of State. The Secretary of State shall...
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17-11-5
Section 17-11-5 Delivery of absentee ballots; maintenance of voter lists. (a) Upon receipt
of an application for an absentee ballot as provided in Section 17-11-3, if the applicant's
name appears on the list of qualified voters produced from the state voter registration list
in the election to be held, or if the applicant qualifies for a provisional absentee ballot,
the absentee election manager shall furnish the absentee ballot to the applicant by: (1) Forwarding
it by United States mail to the applicant's or voter's residence address or, upon written
request of the voter, to the address where the voter regularly receives mail; or (2) by handing
the absentee ballot to the applicant in person or, in the case of emergency voting when the
applicant requires medical treatment, his or her designee in person. If the absentee election
manager has reasonable cause to believe that the applicant has given a fraudulent address
on the application for the absentee ballot, the absentee election...
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17-11-3
Section 17-11-3 Absentee balloting generally. (a) Any qualified elector of this state may apply
for and vote an absentee ballot by mail, by hand delivery, or by commercial carrier, as determined
by rule by the Secretary of State, as provided in Sections 17-11-5 and 17-11-9, in any primary,
general, special, or municipal election, if he or she makes application in writing therefor
not less than five days prior to the election in which he or she desires to vote and meets
one or more of the following requirements: (1) The person expects to be out of the county
or the state, or the municipality for municipal elections, on election day. (2) The person
has any physical illness or infirmity which prevents his or her attendance at the polls, whether
he or she is within or without the county on the day of the election. (3) The person expects
to work a shift which has at least 10 hours which coincide with the hours the polls are open
at his or her regular polling place. (4) The person is...
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17-11-3.1
Section 17-11-3.1 Qualified voter with permanent disability preventing attendance at polls.
(a) Notwithstanding Sections 17-11-3, 17-11-4, and 17-11-5, a qualified voter who has a permanent
disability preventing his or her attendance at the polls may vote by absentee ballot in accordance
with this section. (b) The Secretary of State shall adopt rules that provide a process for
a voter who has a permanent disability to be placed on an absentee voter list and have a ballot
automatically mailed to him or her before each election. The rules shall include, but not
be limited to, all of the following: (1) An application procedure for permanently disabled
voters to vote by absentee ballot on an on-going basis. The procedure shall require that the
application form be signed and notarized by the disabled voter's primary physician. (2) A
procedure for verifying the identity of a voter and determining that the voter has a permanent
disability preventing his or her attendance at the polls. (3) A...
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17-10-2
Section 17-10-2 Provisional ballots; certification; tabulation; identification of ballots.
(a) A voter shall be required to cast a provisional ballot when: (1) The name of the individual
does not appear on the official list of eligible voters for the precinct or polling place
in which the individual seeks to vote, and the individual's registration cannot be verified
while at the polling place by the registrar or the judge of probate. (2) An inspector has
knowledge that the individual is not entitled to vote at that precinct and challenges the
individual. (3) The individual is required to comply with the voter identification provisions
of Section 17-10-1 but is unable to do so. If the voter's ballot becomes a provisional ballot
due to lack of identification, the identification, including the address and telephone number
of the voter, must be provided to the board of registrars no later than 5:00 p.m. on the Friday
following the election. If the voter fails to provide identification to...
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17-17-24
Section 17-17-24 Changing ballots, unlawful use of absentee ballots, etc.; investigative assistance;
encouraging voter participation. (a) Any person who willfully changes an absentee voter's
ballot to the extent that it does not reflect the voter's true ballot, any person who willfully
votes more than once by absentee ballot in the same election, any person who willfully votes
for another voter or falsifies absentee ballot applications or verification documents so as
to vote absentee, or any person who solicits, encourages, urges, or otherwise promotes illegal
absentee voting, shall be guilty, upon conviction, of a Class C felony. Any person who willfully
aids any person unlawfully to vote an absentee ballot, any person who knowingly and unlawfully
votes an absentee ballot, and any voter who votes both an absentee and a regular ballot at
any election shall be similarly punished. (b) Upon request by the local district attorney
or the Secretary of State, the Attorney General shall...
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