Alabama Administrative Code

The provisions of the National Voter Registration Act of 1993 [ Public Law 103-31, 42 U.S. Code 1973gg et seq.] shall apply to all elections for state and local government offices in the State of Alabama. Copies of the National Voter Registration Act of 1993 may be obtained witho…

For the purposes of this chapter, a voter registration agency shall be any state or local governmental entity designated to provide voter registration services pursuant to Section 17-4-250, paragraphs (b), (d), and (f), Code of Ala. 1975, and 820-2-2-.03. Authors: Edward Packard,…

The following offices shall be state-designated voter registration agencies for the purposes of the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-5(a)(3)] and shall provide voter registration services pursuant to Section 17-4-250, paragraph (f), Code of Ala. 1975, …

(1) Each voter registration agency shall offer voter registration services to its clients when said clients apply for services or recertify for services provided by the registration agency, or file a change of address with the voter registration agency. (2) Voter registration age…

(1) The Secretary of State shall prescribe all voter registration forms to be used in voter registration activities provided for in Code of Ala. 1975, Section 17-4-60. (2) Any content related to voter registration that is incorporated into a form prescribed by a voter registratio…

(l) Voter registration forms used in voter registration agencies other than those agencies designated pursuant to 820-2-2-.03 shall include a detachable section in which individuals shall indicate their acceptance or declination of voter registration services. This acceptance/dec…

The Secretary of State shall prepare and disseminate training materials to inform voter registration agencies of their responsibilities pertaining to voter registration services. Voter registration agencies may prepare and disseminate their own materials, for internal use only, p…

(1) Each voter registration agency shall file with the Secretary of State procedures for conducting voter registration in its offices. Each voter registration agency shall, in a timely manner, file with the Secretary of State any changes or amendments to said procedures. (2) Proc…

(1) Each voter registration agency shall sort by each applicant's county of residence all completed voter registration forms submitted to the voter registration agency and transmit the forms by mail or courier to each county's Board of Registrars within five (5) days of submissio…

All voter registration forms, transmittal envelopes, and packing slips required for voter registration agencies to fulfill their voter registration duties shall be provided by the Secretary of State and delivered to 1) each agency's headquarters in Montgomery, Alabama, in the cas…

(1) The following public organizations shall serve as distribution sites for the mail voter registration form: 1) public schools and 2) four-year institutions of higher learning, and 3) public libraries, including branch libraries, in each municipality with a population equal to …

(1) Voter registration forms submitted at a voter registration agency pursuant to Section 17-4-60, paragraphs (b), (d), (e), and (f), Code of Ala. 1975, not later than the official close of registration shall be processed by the Boards of Registrars in the same manner as voter re…

(1) A voter who has changed his or her domicile from an address in the area covered by one precinct or polling place to an address covered by a second precinct or polling place within the same Board of Registrars' jurisdiction and who has failed to notify the Board of Registrars …

If a voter registration agency designated under Section 17-4-250, paragraphs (b), (d), or (f), Code of Ala. 1975, accepts change of address information by telephone, said voter registration agency shall mail the client filing the change of address a mail voter registration form. …

(1) Beginning February 1995, the Board of Registrars shall submit to the Secretary of State on a monthly basis the following information: (a) The total number of new valid voter registration forms accepted for the respective month, excluding all applications that are duplicates, …

The Secretary of State shall work in cooperation with the Federal Voting Assistance Program to provide voter registration in armed forces recruitment offices pursuant to Section 17-4-250, paragraph (e), Code of Ala. 1975, and the National Voter Registration Act of 1993 [42 U.S. C…

(a) The following instructions and checklist form ("Form C-1") shall be the instructions and checklist used by the county boards of registrars to assess the eligibility of voter registration applicants in this state. Form C-1 shall be used by county boards of registrars to list w…

(1) Pursuant to the Uniform Electronic Transactions Act, codified at Code of Ala. 1975, Sections 8-1A-1 et seq., the Secretary of State and voter registration agencies may develop and implement electronic voter registration. All electronic voter registration forms developed and i…

The following form ("Form C-2") shall be used in instances where evidence of U.S. citizenship is deemed to be unsatisfactory due to an inconsistency between the document submitted as evidence of U.S. citizenship and the name or sex provided on the voter registration application. …

(a) The following form ("Form C-3") shall be used by boards of registrars to notify an applicant that he/she has provided insufficient proof of citizenship of U.S. citizenship as required by Code of Alabama, section 31-13-28 (2011). NOTIFICATION OF INSUFFICIENCY OF PROOF OF CITIZ…

(1) If an applicant is a U.S. citizen but does not have any of the documentation listed in Code of Alabama, section 31-13-28(k), the applicant may submit any evidence that the applicant believes demonstrates his or her U.S. citizenship. Among the documents that may be submitted w…

The following application form ("Form C-4") to the county board of registrars shall be completed and submitted by applicants who desire to have a hearing or to submit additional evidence after a board of registrars determines that an applicant has not submitted satisfactory docum…

(a) Pursuant to 52 U.S.C. 20504, the following form shall be used in all offices in the State that issue driver's licenses and nondriver's identification cards and all state-designated voter registration agencies designated in Rule 820-2-2-.03. Click to view image Click to view i…

(a) Pursuant to 52 U.S.C. 20504, the following form shall be used in all offices in the State that issue driver's licenses and nondriver's identification cards and all state-designated voter registration agencies designated in Rule 820-2-2-.03. Click to view image Click to view i…

Click to view image Click to view image Click to view image Click to view image APPLICANT'S CITIZENSHIP FOR VOTING PURPOSES (Form C-4) Complete and submit only if applicant has not submitted satisfactory documentary proof of citizenship. I,__________, hereby request a hearing wit…

The county Board of Registrars shall issue a Domestic Violence Voter Affirmation form upon an individual's request. The individual shall return the completed affidavit form to the Board of Registrars in the county where the individual is registered or intends to register to vote.…

The county absentee election manager shall redact or omit the residential and mailing address for voters in protected status pursuant to Code of Ala. 1975, § 17-4-33(b) (2014) from any copy of an absentee voter list to be posted or otherwise made a public record, except poll list…

Following each election, the municipal clerk shall make a copy of that portion of the poll list to be made a public record and shall maintain the original in his or her office. The municipal clerk shall redact or omit the residential and mailing address for voters in protected st…

The Secretary of State, judge of probate, and registrar shall include the name and omit the residential and mailing address of a registered voter on any list of registered voters compiled from the statewide voter file and generally available pursuant to § 17-3-53, § 17-4-33(10), …

The following form is for use by a family member of a voter, the inspector of a voter's election precinct, judge of probate, sheriff, or clerk of the circuit court to report that a voter in the statewide voter file is deceased or has become a nonresident of the precinct in which …

Pursuant to 17-3-52 of the Code of Alabama, voter registration applicants must sign a voter registration form that contains an oath to support and defend the Constitution of the United States and the State Constitution of Alabama. Currently, that oath ends with the phrase "so hel…

(1) Each ballot style shall have its own designation. A ballot style is a printed ballot showing a specific group of races, candidates and/or propositions. To the extent of any variation in the printed races, candidates and/or propositions among printed ballots, each variety shal…

The Absentee Election Manager shall identify on the affidavit envelope in writing both the ballot style designation and the ballot serial number for the associated ballot prior to providing the affidavit envelope and ballot to the voter. Where absentee envelopes and ballots are p…

The list of qualified voters shall identify the correct ballot style designations for each voter. In the case of a primary election, ballot style designations for each party participating in the primary and a non-partisan ballot style designation shall be printed on the list of q…

(1) This rule is intended to provide any form or ballot by which an absentee election manager or registrar shall administer the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301. Any form or ballot described in this rule may be used in any primary or general …

A commercial carrier shall be defined as a business licensed and regulated (pursuant to § 37-3-5) in the area(s) in which it operates that advertises to the public and is engaged in the business of trade or traffic and commerce. Notes Ala. Admin. Code r. 820-2-3-.05 Amended by Al…

Unless otherwise clearly indicated, the following terms shall be given the following interpretations: (1) Election petition. A petition submitted for any of the purposes identified in 820-2-4-.03(1) or 820-2-4-.03(2). (2) Verifying authority. The entity charged with the responsib…

The purpose of this section is to establish procedures for the submission, verification and certification of election petitions. Authors: Edward P. Packard, Charles E. Grainger, Jr. Notes Ala. Admin. Code r. 820-2-4-.02 New Rule: Filed January 10, 2001; effective February 14, 200…

This section shall apply to the verification of signatures on the following types of petitions: (1) Petitions for the establishment of independent candidacy submitted to a verifying authority pursuant to §§ 17-7-1(a)(3) and 17-19-2, Code of Ala. 1975, as amended, and (2) Petition…

The provisions of this section shall become effective for the first general or special election scheduled to occur after the U.S. Department of Justice notifies the State of Alabama that preclearance for this section is granted pursuant to Section 5 of the Voting Rights Act of 19…

(1) Petitions for the establishment of independent candidacy shall include at the top of each page of said petition pagination and a statement that includes the name of the prospective independent candidate, the type of election for which ballot access is sought (e.g., general or…

(1) A verifying authority may, at its option, elect to use the random sampling procedure set forth in this section or may conduct a verification of all signatures affixed to an election petition, provided that the verifying authority utilizes the same method of verifying signatur…

(1) Signature verification. The following steps shall be followed when verifying signatures on an election petition: (a) Determine the number of signatures to be sampled, as provided for in 820-2-4-.06(3). (b) Draw the random sample of signatures, as provided for in 820-2-4-.06(2…

(1) An election petition shall be certified as being sufficient if the number of valid signatures determined pursuant to 820-2-4-.07(4) is in excess of the number of required signatures. (2) If an election petition fails to be certified under 820-2-4-.08(1) and the difference bet…

(1) The following definitions are applicable to this Rule: (a) "Certification of candidates" means a written listing provided by a political party of candidates legally qualified and entitled to appear on the ballot in a primary, special or general election. (b) "Political party"…

(1) This Chapter is established pursuant to Alabama Code Section 17-2-3 to provide for the submission and review of complaints regarding the administration of Title III of the Help America Vote Act of 2002 (HAVA), 52 U.S.C. § 21081 et seq. (2) In this Chapter, the following terms…

(1) Right to File Any aggrieved person may file a complaint with the Secretary of State's office alleging a violation of the Title. (2) Consolidation of Complaints The Secretary of State may consolidate complaints if such are determined to relate to the same alleged violation(s) …

A determination of whether a violation of the Title has been established will be based on the preponderance of the evidence standard. The Complainant shall bear the burden of proving a violation of the Title by a preponderance of the evidence. Notes Ala. Admin. Code r. 820-2-5-.0…

A Complainant may request a hearing and must communicate the request in the filed complaint. A Complainant fails to exercise the right to request a hearing if the complaint does not clearly contain a request or if the request for a hearing is communicated in any other manner. If …

If a Complainant fails to exercise the right to request a hearing, the complaint shall be reviewed in the following manner: (1) The Secretary of State shall direct the review and investigation of the complaint by an appropriate staff member, who shall issue a written report and r…