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11-46-39
Section 11-46-39 Oath and identification of voters challenged; voting procedure where paper
ballots used. (a) Where paper ballots are used, the inspector, upon the elector's entering
the polling place, shall examine the list of qualified electors furnished by the clerk pursuant
to subsection (a) of Section 11-46-36, and, if it appears from this examination that the person
is a qualified elector of the state authorized to vote at that box, the inspector shall then
give the person one ballot on the stub of which the inspector shall write or shall have already
written his or her name or initials. If the person's name does not appear on the list of qualified
voters for that ward or box, the person may not vote except by provisional ballot. (b) In
cities of more than 3,000 inhabitants, each elector on receiving a ballot shall forthwith
and without leaving the polling place retire alone to one of the booths or compartments provided
for that purpose and there prepare the ballot in the manner...
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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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17-12-11
Section 17-12-11 Returns of election - How made; duty of judge of probate. One copy of the
certificate of the result of the election shall be signed by the inspector and enclosed in
an envelope, which shall then be securely sealed, and the inspector shall write his or her
name across every fold at which the envelope, if unfastened, could be opened. The envelope,
with certificate enclosed, shall be at once delivered to the judge of probate in the condition
received. The judge of probate shall keep and preserve the same unopened until the canvassing
board meets to ascertain the result of the election. In case of loss, mutilation, or absence
of the original certificate of the result of the election by the inspectors of any voting
place, the envelope shall be opened, and the copy therein shall be accepted as a certificate
of the result of the election for that voting place. The judge of probate shall preserve a
copy of the sealed election returns as a public record at least one year from...
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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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11-46-27
Section 11-46-27 Appointment, compensation, etc., of election officers. (a) The municipal governing
body or a majority of them must, not less than 15 days before the holding of any municipal
election, appoint from the qualified electors of the respective wards or voting districts
officers to hold the election as follows: Where paper ballots are used, one returning officer
for each ward and three inspectors and two clerks for each box at each voting place and, where
voting machines are used, an inspector, a chief clerk, and a first and second assistant clerk
for each voting machine; except that in the event voting centers or voting places are established,
then the requirements of Section 11-46-24 shall control the number of election officials.
In any Class 6, Class 7, or Class 8 municipality, election officials must reside within the
municipality and may serve at any polling place within the municipality. An election official
appointed to serve in a polling place other than where he or...
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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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11-46-28
Section 11-46-28 Polling place hours; duties of election officers; challenger; deletion of
absentee voter applicants from voter list; preservation of order. (a) Every polling place
shall open for voting at 7:00 A.M. and shall close at 7:00 P.M. and shall remain open for
voting for not less than 12 consecutive hours. All polling places in areas operating on eastern
time may open and close under this section pursuant to eastern time. The election officers
at voting places shall meet at the respective places of holding elections for which they have
been appointed 30 minutes before the hour established by the municipal governing body to open
the polls and shall at the designated hour open the several polling places as designated and
keep them open without adjournment or recess until the hour established by the municipal governing
body to close the polls and no longer. (b) Any qualified elector entitled to vote at a polling
place who has identified himself or herself with the election...
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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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17-9-35
Section 17-9-35 Preservation of ballots and records of voting machines. THIS SECTION WAS AMENDED
AND RENUMBERED AS SECTIONS 17-16-1 AND 17-12-23 BY ACT 2006-570 IN THE 2006 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2007. The voting machines shall remain locked against voting 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 ballot boxes in that county, municipality or other political subdivision, and if, in
the opinion of such body, the contest has developed or is likely to develop, shall remain
locked until such time as ordered opened by the court hearing the contest, or until a final
determination thereof; provided, that 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...
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