17-12-4
Section 17-12-4 Procedures upon malfunction of equipment. If a precinct ballot counter malfunctions,
the polls shall remain open and voters shall deposit their ballots in a ballot box or other
suitable container. The inspector shall notify the custodian, who shall maintain a public
list of all voting places in which equipment failure has occurred. After the polls close,
the ballot box shall be opened and the ballots counted either by hand, as described in Sections
17-12-2 and 17-12-6, or by feeding the ballots into an operable hand precinct ballot counter.
Poll watchers of opposing interests and members of the media, if any are present, shall be
permitted to witness this process. Where precinct counting equipment is programmed to return
ballots containing over-votes, any such ballot returned during a post-election count must
be counted by hand following the rules for ballots. The results of this hand count shall be
added to the certificate of results, and the ballots shall be bound...
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45-4-111
Section 45-4-111 Electronic voting system authorized; requirements for use. (a) As used in
this section: (1) "Automatic tabulating equipment" shall mean apparatus which automatically
examines and counts votes recorded on paper ballots or ballot cards and tabulates the results.
(2) "Paper ballot" shall mean a printed paper ballot which conforms in layout and
format to the electronic voting system in use. (3) "Ballot card" shall mean a tabulating
card on which votes may be recorded. (4) "Ballot label" shall mean the cards, papers,
booklet, pages, or other material which contain the names of offices and candidates and statements
of measures to be voted on and which are used in conjunction with ballot cards. (5) "Ballot"
shall mean ballot cards or paper ballots. (6) "Counting center" shall mean one or
more locations selected and designated by the county commission or the municipal governing
body, as the case may be, for the automatic counting of ballots in the election. (7) "Electronic...

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17-16-21
Section 17-16-21 Recount procedures. (a) Any person with standing to contest the election under
Sections 17-16-40 and 17-16-47 may petition the canvassing authority for a recount of any
or all precinct returns. The time period for requesting a recount begins with the production
of the certificate of result and ends 48 hours after the official canvass of county returns.
The canvassing authority is the canvassing board in general elections and the county executive
committee in a party primary. The petitioner must be prepared to pay the cost of the recount
and shall give security to cover these costs. The canvassing authority shall set the amount
of the security based upon an estimate of actual costs. The costs shall be kept to a minimum
by using county personnel or volunteer workers whenever possible. However, the recount must
be conducted under the supervision of a trained and certified precinct election official.
Representatives of opposing interests shall be given at least 24 hours'...
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17-16-20
Section 17-16-20 Recounts generally. (a) When, in a general election, the election returns
for any public office, including a judicial office, reflect that a candidate is defeated or
any ballot statewide measure is defeated by not more than one half of one percent of the votes
cast for the office, or the ballot measure, as certified by the appropriate election officer,
a recount shall be held unless the defeated candidate submits a written waiver for the recount
as provided herein: (1) In the case of an election for any federal, state, circuit, or district
office, or the state Senate, state House of Representatives, or any other office that is not
a county office, a written waiver for a recount may be submitted to the Secretary of State
within 24 hours after the certification of the results of the election. Upon receipt of the
waiver, the Secretary of State shall immediately order the recount to be cancelled. (2) In
the case of an election for any county office, a written waiver for a...
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11-46-55.1
Section 11-46-55.1 Recount procedures. (a) Any person with standing to contest a municipal
election may petition the canvassing authority for a recount of any or all precinct returns.
The time period for requesting a recount ends 48 hours after the official canvass of returns
by the municipal governing body. The petitioner must be prepared to pay the cost of the recount
and must be required to give security to cover these costs in an amount as determined by the
municipal governing body based upon an estimate of actual costs. The recount must be conducted
under the supervision of a trained and certified poll official. Representatives of opposing
interests shall be given at least 24 hours' notice and shall be invited to participate in
the recount. (b) The recount shall be conducted as simply as the type of equipment and local
conditions permit provided that the following minimum safeguards shall be observed: (1) The
box or envelope holding the ballots shall be delivered unopened to the...
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17-12-5
Section 17-12-5 Retest of equipment. The judge of probate may order a post-election retest
of any precinct ballot counter 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 judge of probate shall order a recount at county expense. (Act 2006-570,
p. 1331, §55.)...
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17-1-2
Section 17-1-2 Definitions. For the purposes of this title, the following terms shall have
the definitions ascribed to them: (1) APPOINTING BOARD. In all elections the appointing board
consists of the judge of probate, circuit clerk, and sheriff of the county. (2) BALLOT. The
term includes paper ballots and electronic ballots. (3) BALLOT CONFIGURATION. The particular
combination and arrangement of offices, candidates, and questions for a precinct or subdivision
thereof. (4) BEAT. Has the same meaning as precinct. (5) BOX. The voting place in a precinct
or subdivision of a precinct for voting purposes. (6) CANVASSING BOARD. In all elections except
primary elections, the canvassing board consists of the judge of probate, circuit clerk, and
sheriff of the county. In primary elections, the county executive committee of the party is
the canvassing board for the primary of the party. (7) CENSUS BUREAU. The Bureau of the Census
of the United States Department of Commerce, or any successor...
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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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17-8-1
Section 17-8-1 Appointment of election officials; duties. (a) The appointing board, or a majority
of them acting as an appointing board, not more than 20 nor less than 15 days before the holding
of any election in their county, shall appoint from the qualified electors of the respective
precinct, necessary precinct election officials, which shall include at least one inspector,
to act at each voting place in each precinct. The appointing board may appoint the number
of precinct election officials necessary for each precinct, provided that, absent consent
of the county commission, the total number of precinct election officials appointed in a county
shall not exceed the total number of precinct election officials who were paid by the county
for the general election held November 2004. In the event that the number of precincts or
voting places utilized in an election within a county is increased or decreased, the total
number of officials who may be appointed without consent of the...
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17-16-1
Section 17-16-1 Preservation of voted ballot containers and records of election containers;
electronic voting specialists. (a) The voted ballot containers and records of election containers
shall remain sealed for the time provided by law for the filing of contests and then shall
have the seal broken only on the order of that body which, under the general provisions of
law, now has charge of and control over voted ballot containers and records of election containers
in that county, municipality, or other political subdivision. If, in the opinion of such body,
a contest has developed or is likely to develop, the containers shall remain sealed until
such time as ordered opened by the court hearing the contest, or until a final determination
of the contest. On the order of any court of competent jurisdiction or on the order of any
legislative body or governing body having jurisdiction over such election, the seal may be
broken for the purpose of proper investigation and when such...
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