Code of Alabama

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17-13-14
Section 17-13-14 Counting of ballots; materials to be sealed; delivery and retention of materials;
posting of certificate of result. (a) No ballot shall be counted until the polls are closed;
and, before counting any ballot or examining the same, the voters' poll list, as provided
in Section 17-9-15, shall be securely sealed in an envelope designated to the appropriate
political party chair and the inspector shall write his or her name across every fold at which
the envelope, if fastened, could be opened. After the counting of the votes is finished and
certificates of the result have been prepared and signed, the inspector shall seal in a separate
voted ballots container all the ballots cast at such election. The following items shall be
placed into a records of election container, which shall then be securely sealed: (1) One
certificate of the results. (2) The spoiled ballot envelope. (3) Clerk's poll list. (4) All
partial ballot pads. (5) Stubs of ballot pads. The inspector shall...
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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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17-12-12
Section 17-12-12 Returns of election - Sealing, delivery, and disposition of records. 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 shall be delivered to the judge of probate for transmittal to
the board of registrars for use by the board of registrars in updating their records. b. The
ballot accounting certificate 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
or election contest, or both. c. All voted ballots shall be placed in a voted ballot box and
sealed. All spoiled ballots, unused ballots, and ballot stubs, one copy of the certificate
of results, and the clerk's poll list (already sealed in a separate envelope) shall be placed
in the records of election container which shall be sealed and signed...
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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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17-16-1
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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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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17-16-20
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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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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17-11-47
Section 17-11-47 Instructions. The committee and the Secretary of State may draft instructions
to be included when an absentee ballot is sent to an overseas voter, including, but not limited
to, the following instructions: "(1) To ensure that your absentee ballot is counted,
it should be completed and returned to the absentee election manager of the county of registration
as soon as possible, and not later than 12:00 noon on the day of the election. "(2) The
ballot should be marked in secret. "(3) Only the number of candidates or issue choices
indicated on the ballot should be marked. If the ballot instructs a voter to "vote for
one" candidate, and you vote for more than one candidate, your vote in that race will
not be counted. "(4) For your ballot to be counted, you must also complete an overseas
voter certificate, which includes your signature. Failure to include your signature will result
in your ballot not being counted. "(5) An overseas voted absentee ballot may be returned
to...
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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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