Alabama Administrative Code

(1) The Office of the Secretary of State is established by the Constitution of the State of Alabama (Art. V, §112, Ala. Constitution of 1901) and performs a wide variety of constitutional and statutory duties (Code of Ala. 1975, §§ 36-14-1 et seq.) (2) Requests for information ma…

(1) As of the date of the initial adoption of this rule, the Secretary of State finds it appropriate to relocate certain rules formerly located in Division 820-X of the Secretary of State's Administrative Code. The new Administrative Code is structured into multiple divisions for…

(1) The delivery, acceptance, and filing of all filing instruments may be accepted by the Secretary of State's office in electronic form. The Secretary of State's Office will accept electronic transmission 24 hours a day, seven days a week, including holidays and weekends. (2) In…

Notes Ala. Admin. Code r. 820-1-2-.01 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.02 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.03 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.04 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.05 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.06 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.07 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.08 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.09 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.10 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.11 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.12 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.13 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.14 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.15 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.16 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.17 January 10, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: § 41-22-4, Code of Ala. (1975).

Notes Ala. Admin. Code r. 820-1-2-.18 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.19 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.20 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.21 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-2-.22 New Rule: Filed January 10, 2001; effective February 14, 2001. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, eff. 7/15/2024. Author: Charles E. Grainger, Jr. Statutory Authority: Code of Ala. 1975, § 41-2…

Notes Ala. Admin. Code r. 820-1-3-.01 New Rule: Filed March 28, 2014; effective May 2, 2014. Repealed by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021. Author: Emily Thompson; Jean Brown; William Sutton Statutory Authority: Code of Al…

Notes Ala. Admin. Code r. 820-1-3-.02 New Rule: Filed March 28, 2014; effective May 2, 2014. Repealed by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021. Author: Emily Thompson; Jean Brown; William Sutton Statutory Authority: Code of Al…

Notes Ala. Admin. Code r. 820-1-3-.03 New Rule: Filed March 28, 2014; effective May 2, 2014. Repealed by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021. Author: Emily Thompson; Jean Brown; William Sutton Statutory Authority: Code of Al…

Notes Ala. Admin. Code r. 820-1-3-.04 New Rule: Filed March 28, 2014; effective May 2, 2014. Repealed by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021. Author: Emily Thompson; Jean Brown; William Sutton Statutory Authority: Code of Al…

This chapter consists of various administrative rules designed to implement the Help America Vote Act and is promulgated under Code of Ala. 1975, § 17-1-8, unless otherwise noted. This chapter shall apply to all elections except municipal elections. The rules in this chapter are …

(1) This rule serves to fulfill the requirement of defining what constitutes a vote under the Help America Vote Act ("HAVA"), Public Law 107-252; and Code of Ala. 1975, § 17-25-4. (a) This rule shall not supersede any other law. (b) This rule shall not apply to a vote cast in a m…

(1) This rule is promulgated under Code of Ala. 1975, §§ 17-1-8 and 17-25-4. This rule is intended to provide the Secretary of State with the information necessary to make a decision as to whether a county is eligible for reimbursement under Code of Ala. 1975, § 17-25-4 and other…

The purpose of this chapter is to provide for implementation of the Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA"), 42 U.S.C. § 1973FF et seq., as Amended by the Military and Overseas Voter Empowerment Act, Pub. L. No. 111-84, Subtitle H, §§575-589, 123 Stat. 2190…

This chapter applies to absentee balloting for all elections for individuals eligible to vote by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Notes Ala. Admin. Code r. 820-2-10-.02 New Rule: Filed March 28, 2014; effective May 2, 2…

(1) Individuals voting by absentee ballot pursuant to UOCAVA may apply for an absentee ballot by utilizing an application adopted by the State of Alabama pursuant to §§ 17-11-4 or 17-11-5(d) or by utilizing the Federal Postcard Application provided for by UOCAVA. The application …

(1) After the voter marks his or her choices on the ballot, the voter shall: (a) complete the "UOCAVA Affidavit", including the section for two witnesses as required by § 17-11-7, Code of Ala. 1975; (b) when the voter has requested electronic transmission of the blank absentee ba…

(1) As provided in § 17-11-10, no poll worker or other election official shall count an absentee ballot unless the appropriate affidavit has been properly completed by the voter. (2) An affidavit is properly completed if the voter has complied with the provisions of § 17-11-7, Co…

(1) The minimum criteria to ensure the secure electronic transmission of blank absentee ballots shall include the following: (a) The capability for secure access by the overseas voter to the electronic ballot transmission server. (b) The capability to verify the identity of the o…

For the purpose of delivering an absentee ballot to a county absentee election manager by commercial ground or air carrier, the postmark requirement specified in § 17-11-18 shall refer to the date on which the absentee ballot is tendered to the commercial carrier for delivery. No…

(1) The Judge of Probate in each county shall prepare the absentee ballots for UOCAVA voters. (2) Pursuant to Code of Ala. 1975, Section 17-11-12 (2014), the Judge of Probate shall deliver the absentee ballots to the absentee election manager not later than 55 days prior to the p…

(1) An elector's ballot shall be counted for each office to be filled except for each office where it is impossible to determine the elector's choice for that office. The inability to determine the elector's choice for any particular office to be filled shall not cause the reject…

(1) Pursuant to 52 U.S.C. Section 20302(a)(9), these rules provide the state written plan for any Federal primary runoff election. (a) Federal law provides that, when a UOCAVA voter has requested a ballot for a federal election by the 45th day before that election, the State must…

(1) To be certified for use, an electronic poll book shall do all of the following: (a) Be secure. (b) Be compatible with the statewide voter registration system. (c) Include a fail safe data recovery procedure for information included in the electronic poll book. (d) Contain the…

(1) As Electronic Poll Books can be utilized in lieu of the printed poll list, Electronic Poll Books are equipment necessary for election officials to conduct elections as required by law. (2) Due to their usage in multiple elections including federal, state, and county, collecti…

The purpose of this chapter is to provide for implementation of the Disabled Citizens Absentee Voting Act (2019-359) for citizens with a permanent disability which prevents attendance at the polls requesting to vote by absentee ballot pursuant to Act 2019-359. The procedures in t…

This chapter applies to absentee ballots for all elections for individuals with permanent disabilities which prevent attendance at the polls pursuant to the Disabled Citizens Absentee Voting Act (2019-359). Notes Ala. Admin. Code r. 820-2-12-.02 Adopted by Alabama Administrative …

(1) The absentee ballot application for a permanently disabled voter shall be valid for all elections in the calendar year in which the application is submitted. For election cycles that span multiple calendar years, the application shall be valid for the whole election cycle. Vo…

(1) Individuals voting by absentee ballot pursuant to Act 2019-359 may apply for an absentee ballot by utilizing an application adopted by the State of Alabama pursuant to 17-11-4 and Act 2019-359. The application must be submitted by the voter by U.S. mail, commercial carrier, o…

At the beginning of the absentee voting period, the absentee election manager shall issue an absentee ballot to any registered voter who has an up-to-date permanently disabled citizen absentee application. Any voter who submits an absentee application pursuant to Act 2019-359 dur…

This rule is intended to provide any form by which an absentee election manager shall administer the Disabled Citizens Absentee Voting Act (2019-359). The forms shall appear as follows: Click to view image Click to view image Click to view image Click to view image Notes Ala. Adm…