Alabama Administrative Code

(1) Hearing Officer The Secretary of State may elect to serve as the Hearing Officer or appoint a Hearing Officer to conduct the hearing. The Hearing Officer shall be fair and impartial. A Hearing Officer may be appointed from within the Office of the Secretary of State, another …

The Hearing Officer's report and all exhibits attached to it or, in the event of no hearing, the report and recommendation submitted pursuant to Rule 820-2-5-.05, shall be combined with the following items or copies thereof, as applicable, to create the official record of the com…

(1) Initiation If the Secretary of State is unable to render a final determination on a complaint filed pursuant to 820-2-5-.02 within 90 days, the Secretary of State shall immediately issue a written order initiating alternative dispute resolution, selecting 3 arbitrators to ser…

(1) The Secretary of State may issue a final determination by written order: (a) Following the receipt of a written report and recommendation provided without a hearing pursuant to 820-2-5-.05; (b) Following receipt of a report and recommendation provided by an appointed Hearing …

This chapter is promulgated to comply with the requirements of the Help America Vote Act of 2002, Public Law 107-252,Section 302; and Acts of Alabama 2003-313 and 2006-281, mandating provisional voting in federal, state, county and municipal elections. The statutory requirement o…

During an election, a poll worker should direct a prospective voter to the provisional ballot officer for special assistance if the poll worker (a) determines that the name of the individual does not appear on the official list of eligible voters for the precinct in which the ind…

Each county appointing board or, in a municipal election, municipal governing body shall designate at least one election official in each precinct to serve as the provisional ballot officer. The provisional ballot officer shall administer all requirements of provisional voting in…

In the event an individual's name does not appear on the list of eligible voters for the precinct, the provisional ballot officer shall in the presence of that individual use reasonable efforts to contact the county board of registrars and/or members of the appointing board to de…

A provisional ballot officer who cannot confirm an individual's registration or eligibility to vote in that precinct, shall inform the voter of his or her legal right to vote a provisional ballot. The provisional ballot officer shall explain to the individual the process of votin…

The voter shall sign a provisional ballot roster prescribed by the Secretary of State, which shall provide space for the name and number of the precinct, the name of the county, city, or town in which the election is being held, the name of the election, the date of the election,…

(1) Before giving the provisional voter his or her provisional verification statement, which shall be prescribed by the Secretary of State, the provisional ballot officer shall write on said statement(a) the election date, (b) precinct number, and (c) ballot style. (2) The provis…

The provisional ballot officer shall give the provisional voter the following documents, all prescribed by the Secretary of State: (a) a provisional verification statement, (b) a provisional ballot, (c) a provisional ballot inner envelope, (d) a provisional ballot outer envelope,…

Any ballot used as a provisional ballot shall be printed and plainly marked as a "Provisional Ballot". The provisional ballot officer shall disable the provisional ballot to ensure that the provisional ballot is rejected by electronic tabulation equipment if the provisional voter…

The provisional voting instruction sheet shall explain the procedure for casting a provisional ballot and shall include information explaining when and where the provisional voter must forward documents of identification. The instructions shall contain user-friendly guidelines fo…

To cast a provisional ballot, the provisional voter shall complete and execute the provisional verification statement, including the written sworn affirmation prescribed by § 17-10-2(b), Code of Ala., 1975. Notes Ala. Admin. Code r. 820-2-6-.11 New Rule: Filed May 27, 2004; effec…

The provisional voter shall complete a voter reidentification form. The provisional voter shall then return the completed but unsealed provisional verification statement and the reidentification form to the provisional ballot officer. If the basis of the provisional ballot result…

The provisional voting officer shall then direct the provisional voter to a designated voting area where he or she shall cast a provisional ballot. After completing his or her ballot, the provisional voter shall place the provisional ballot in the provisional ballot inner envelop…

Upon the closing of the polls, the provisional ballot officer shall complete the administrative responsibilities of collecting the provisional verification statements, the provisional ballot roster or rosters, and related forms and shall place these documents in a precinct verifi…

(1) In an election for federal, state or county offices or proposed constitutional amendments or referenda, the Sheriff shall deliver the precinct verification envelope from each precinct in the county to the county board of registrars. In a municipal election, the municipal cler…

This administrative regulation is to comply with the requirements of Alabama Act Number 2005-40, the Alabama Open Meetings Act, which repeals Section 13A-14-2, Code of Ala. 1975, the Alabama Sunshine Law, and requires the Office of the Secretary of State to post notice of meeting…

(1) For the purposes of this chapter, "governmental body" shall mean all boards, bodies and commissions of the executive and legislative departments of the state or its political subdivisions or municipalities that expend or appropriate public funds; all multimember governing bod…

All governmental bodies with statewide jurisdiction shall register with the Office of the Secretary of State on or before September 15, 2005. Registration information shall include the name of the governmental body, a mailing address, a list of contact persons who shall have the …

Governmental bodies with less than statewide jurisdiction that elect to post notice of meetings through the Office of the Secretary of State shall first register with the Office of the Secretary of State. Registration information shall include the name of the governmental body, a…

To submit notice, the governmental body shall log on the Internet website provided by the Office of the Secretary of State and complete the form that requests specific notice information. Author: Hope M. Ayers Notes Ala. Admin. Code r. 820-2-7-.05 New Rule: Filed August 8, 2005; …

Notices posted by the Secretary of State shall include the following information: (1) date of the meeting; (2) time of meeting; (3) location of the meeting; (4) name of governmental body that will conduct the meeting; (5) if available, preliminary agenda or if preliminary agenda …

Any governmental body that posts notice through the Office of the Secretary of State shall submit notice within a sufficient time for the Office of the Secretary of State to receive the notice of a meeting, process the notice information, issue a confirmation of receipt to the go…

Any governmental body that posts notice through the Office of the Secretary of State shall submit notice of a meeting, as defined in Section 2(6) a.2 and 3 of the Alabama Act Number 2005-40, the "Alabama Open Meetings Act," as well as meetings called pursuant to the Code of Ala. …

Notices may be submitted on the Internet website for the Office of the Secretary of State at anytime, daily, except between the hour of 5:00 p.m. and 6:00 p.m., when the website shall undergo maintenance and technical support. Author: Hope M. Ayers Notes Ala. Admin. Code r. 820-2…

Any governmental body that posts notice through the Office of the Secretary of State may post notice of all recurring meetings as soon as practical after the meetings have been set and scheduled Author: Hope M. Ayers Notes Ala. Admin. Code r. 820-2-7-.10 New Rule: Filed August 8,…

The submission of notice shall not be complete until the governmental body that submits the notice receives a confirmation of receipt from the Office of the Secretary of State by electronic mail. Upon the issuance of the confirmation of receipt, the Secretary of State shall post …

Any governmental body that posts notice through the Office of the Secretary of State shall be responsible for the retention of a record of the confirmation forms, which shall be provided as a courtesy by the Office of the Secretary of State by electronic mail and issued at the ti…

The Office of the Secretary of State shall not be responsible for the content of any notice that is posted on the Internet website or any direct notice. The Office of the Secretary of State shall make no representation as to the accuracy of any notice that is posted on the Intern…

Any person or agency that elects to receive direct notice of meetings posted by the Office of the Secretary of State shall first register with the Office of Secretary of State. Registration shall occur at the Internet website provided by the Office of Secretary of State and regis…

Direct notice to persons or agencies registered with the Office of the Secretary of State shall be issued by electronic mail and delivered to the electronic mail address provided at the time of registration. In the event the Office of the Secretary of State receives three consecu…

The Office of Secretary of State shall provide a computer terminal that the general public may use to view notices of meetings posted on the Internet website for the Office of the Secretary of State. This computer terminal shall be located in Room E-204 on the second floor of the…

Any person who is denied access to the computer terminal shall submit a written complaint to the Office of the Secretary of State within thirty (30) days of the date of denial of access. The Office of the Secretary of State shall respond to the complaint in a written and final de…

Compliance with the notice requirements set forth in the Alabama Open Meetings Act is the responsibility of the governmental body. The notices posted by the Office of the Secretary of State and the direct notices electronically mailed to registered persons and agencies shall appe…

Any governmental body that posts notice through the Office of the Secretary of State shall submit new information of an addition to or deletion to the lists of persons that shall be authorized to submit notice information or a change of address, telephone number, or electronic ma…

Notes Ala. Admin. Code r. 820-2-8-.01 Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 11, August 31, 2020, eff. 10/15/2020. Statutory Authority: Code of Ala. 1975, § 17-5-8 (2012).

If a monthly report is due on an election day, that report shall be due on the last business day preceding the day of the election. For this report, the principal campaign committee or political action committee shall close its books two business days prior to the last business d…

For purposes of filing weekly reports, a "week" is defined as running from a Saturday to a Friday. The first weekly report shall include all reportable transactions that occurred since the most recently filed prior report. Weekly reports shall be filed on the Monday of the succee…

Notes Ala. Admin. Code r. 820-2-8-.04 Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 11, August 31, 2020, eff. 10/15/2020. Authors: Julie Sinclair; Jean Brown Statutory Authority: Code of Ala. 1975, § 17-5-8 (2012).

Notes Ala. Admin. Code r. 820-2-8-.05 New Rule: Filed September 18, 2013; effective October 23, 2013. Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 11, August 31, 2020, eff. 10/15/2020. Authors: Julie Sinclair; Jean Brown Statutory Authority: Code of Ala. 1…

Notes Ala. Admin. Code r. 820-2-8-.10 New Rule: Filed June 21, 2013; effective July 26, 2013. Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 11, August 31, 2020, eff. 10/15/2020. Authors: Julie Sinclair; Ed Packard; Jean Brown Statutory Authority: Code of Al…

Electronic registration shall be implemented by logging onto the electronic FCPA website provided by the Secretary of State's office and completing the registration form. Registration is complete when a printed copy of the form is signed and delivered to the Elections Division of…

(1) Upon completion of the online registration process, to receive expedited activation, a Principal Campaign Committee or Political Action Committee may (a) deliver the signed form to the Elections Division of the Secretary of State's office in person, or (b) if activation is ne…

Notes Ala. Admin. Code r. 820-2-8-.13 New Rule: Filed June 21, 2013; effective July 26, 2013. Repealed by Alabama Administrative Monthly Volume XXXVIII, Issue No. 11, August 31, 2020, eff. 10/15/2020. Authors: Julie Sinclair; Ed Packard; Jean Brown Statutory Authority: Code of Al…

(1) If the electronic FCPA reporting system is not functioning at the state level due to system failure or environmental, structural or other adverse conditions at the facility where the reporting system is hosted, any report then due shall be filed within two business days after…

The Elections Division of the Secretary of State's office shall provide at least one computer station accessible to the general public for retrieving electronic FCPA reports and filings. The computer station shall also be available for submitting FCPA reports and other filings by…

The purpose of this chapter is to establish procedures for Alabama voters to obtain a free Alabama photo voter identification card or free nondriver identification card. An Alabama photo voter identification card shall be valid only for the purposes of voter identification and sa…