Title 17

(a) For every primary, general, special, or municipal election, there shall be appointed one inspector and at least three clerks, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election…

Not less than 55 days prior to the holding of any election, except a municipal election, to which this article pertains, or in the case of a runoff primary election, not more than 14 days after the first primary election, the officer charged with the printing and distribution of …

When the circuit clerk is a candidate for any office and has opposition, he or she shall be disqualified from performing any of the duties imposed by this chapter with reference to the handling of absentee ballots. At least 55 days prior to the election, the circuit clerk shall c…

The county commission shall determine the amount of compensation to be paid to the absentee election manager or other absentee election manager for the performance of his or her duties with respect to absentee ballots for which his or her services are required during the 55-day p…

In any municipal election that is held at a time different from a primary or general election, the duties with reference to the handling of absentee ballots which are required of the circuit clerk shall be performed by the town clerk, city clerk, or other officer performing the d…

All necessary and proper expenses and costs incurred in the carrying out of the provisions of this chapter for which no special provision is made in this chapter shall be paid for in the same manner as are necessary costs and expenses incurred in the several classes of elections …

(a) No absentee ballot shall be opened or counted if received by the absentee election manager by mail, unless received by mail no later than noon on the day of election, or, if received by the absentee election manager by hand delivery, unless so delivered by the voter or medica…

Each person, firm, or entity supplying to any county or municipality any absentee affidavit envelopes, absentee ballots, or other absentee election materials in connection with any primary, general, special, or municipal election shall, at the time of the shipment or delivery of …

In each county there shall be an “absentee election manager,” who shall fulfill the duties assigned by this article. The circuit clerk of the county shall, at his or her option, be the absentee election manager. If the circuit clerk of the county declines the duties of absentee e…

(a) Any qualified elector of this state may apply for and vote an absentee ballot by mail, by hand delivery, or by commercial carrier, as determined by rule by the Secretary of State, as provided in Sections 17-11-5 and 17-11-9, in any primary, general, special, or municipal elec…

(a) Notwithstanding Sections 17-11-3, 17-11-4, and 17-11-5, a qualified voter who has a permanent disability preventing his or her attendance at the polls may vote by absentee ballot in accordance with this section. (b) The Secretary of State shall adopt rules that provide a proc…

(a) The application required in Section 17-11-3 shall be in a form prescribed and designed by the Secretary of State and shall be used throughout the state. The application form shall contain and require all of the following: (1) That the applicant submit sufficient information t…

(a) Upon receipt of an application for an absentee ballot as provided in Section 17-11-3, if the applicant’s name appears on the list of qualified voters produced from the state voter registration list in the election to be held, or if the applicant qualifies for a provisional ab…

The official ballots for any election to which this act pertains shall be in the same form as the official regular ballots for the election, except that they shall have printed thereon the words, “Official Absentee Ballot.” (Acts 1975, No. 1147, p. 2251, §4; Acts 1980, No. 80-732…

(a) Each absentee ballot shall be accompanied by an envelope upon which shall be printed an affidavit. (b) With respect to an absentee ballot cast pursuant to Section 17-11-3, the affidavit shall read as follows: “State of Alabama County of ___________ I, the undersigned, do swea…

The form of the affidavit which shall be printed on the envelope used in primary elections shall be the same as that used in general, special, and municipal elections; except, that the following sentence shall be added and inserted therein immediately above the signature of the v…

Each prospective absentee voter who meets the requirements of this article shall be furnished with the absentee ballot herein provided for, together with two envelopes for returning his or her marked ballot and instructions for completing and returning the absentee ballot as well…

For the purposes of this article, the following terms shall have the following meanings: (1) COMMITTEE. The Alabama Electronic Overseas Voting Advisory Committee. (2) OVERSEAS VOTER. Includes all of the following: a. A member of the uniformed services while in the active service,…

(a) The Alabama Electronic Overseas Voting Advisory Committee is created to determine whether secure electronic means may be established for conducting absentee voting for overseas voters and to advise and assist the office of the Secretary of State in the establishment, testing,…

(a) If the committee determines a secure electronic means may be established for conducting overseas absentee voting, the Secretary of State shall promulgate rules proposed by the committee to provide that option to eligible overseas voters. The Secretary of State may veto any ru…

(a) In determining the requirements for a request for an overseas absentee ballot, the committee and the Secretary of State shall consider including the following information: (1) The name of the voter requesting the ballot. (2) The legal Alabama residence of the voter. (3) The d…

A person who votes by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, may use a federal write-in absentee ballot as provided in 42 U.S.C. 1973ff-2 for casting his or her vote in any primary, primary runoff, general, or specia…

In determining the requirements for receipt of a request for an overseas absentee ballot, the committee and the Secretary of State shall consider verification by the absentee election manager of the information provided, a determination that the overseas voter is qualified and re…

The committee and the Secretary of State shall determine the procedures whereby an overseas voter may return a voted ballot. (Act 2011-619, p. 1417, §6.)

In determining the requirements for an overseas voter certificate, the committee and the Secretary of State shall consider including information including the following: “OVERSEAS VOTER CERTIFICATE “I, ______________ (print name), swear or affirm, under penalty of perjury, that: …

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…

The committee and the Secretary of State shall determine the procedures to be followed for the processing of voted absentee ballots received from eligible overseas voters. (Act 2011-619, p. 1417, §9.)

(a) The Secretary of State is granted authority to adopt requirements related to witnessing or notarization of absentee ballots, voter identification, candidate qualifying, and ballot access procedures, ballot printing, and the application process for absentee balloting in electi…

(a) If a national or local emergency or other situation arises that makes substantial compliance with this article impossible or unreasonable, such as a natural disaster or an armed conflict involving the Armed Forces of the United States, or mobilization of those forces includin…

Notwithstanding any other laws to the contrary, all expenses and costs incurred by the state or any county commission in carrying out the responsibilities and duties required in this article shall be paid by the State of Alabama. All costs associated with this article shall be dr…

When the time arrives for closing the polls, all qualified voters, who are then waiting within the voting room to vote, shall be permitted by the election officers to do so. After closing the polls and sealing the required records, the precinct election officials shall follow the…

Immediately after the election the inspectors shall post in front of the polling place a copy of their certificate of the result of the election. (Code 1907, §355; Code 1923, §445; Code 1940, T. 17, §128; §17-13-8; amended and renumbered by Act 2006-570, p. 1331, §56.)

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 …

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 transmit…

Except where precinct ballot counters are used in counting the ballots, the inspector must take the ballots, one by one, from the box in which they have been deposited, at the same time reading aloud the names of the persons voted for and the office for which such persons are vot…

Except where precinct ballot counters are used, the inspectors must count the ballots deposited in the box, and as soon as all the ballots contained in the box are counted, the inspectors shall roll up the ballots so counted and label the same so as to show for what officer or of…

On the second Friday next after the election, at the hour of 12:00 noon, the sheriff, in person or by deputy, and the judge of probate and the clerk of the circuit court shall assemble at the courthouse; and if there is no such judge or clerk, or if either of them fails to attend…

Immediately after ascertaining the results of an election for county officers, including members of the House of Representatives of the Legislature, the canvassing board must make in writing a public certification of the result, stating the name of each officer elected and the of…

All returns of elections required by law to be sent to the Secretary of State must, within 22 days after an election, be opened, counted, and certified in the presence of the Governor, Secretary of State, and Attorney General, or two of them. (Code 1886, §390; Code 1896, §1647; C…

Except as to officers provided for in Sections 17-12-16 and 17-12-19, the Governor must immediately declare the results of the election as ascertained in Section 17-12-17 by publishing them in some newspaper at the seat of government. (Code 1886, §390; Code 1896, §1647; Code 1907…

The certificates of the canvassing board forwarded to the Secretary of State as to the election of Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, and Commissioner of Agriculture and Industries must be by the judge of probate forwarded to …

The authority charged with the holding of an election or primary election shall cause to be prepared a statement of results on a form to be designated by the Secretary of State. The statement of results shall conform with the type of electronic voting machine to be used, and the …

After having ascertained the result of an election, made declarations thereof, and made the certificates provided for in Sections 17-12-9 and 17-12-16, the board of registrars must file the lists of the registered voters in the office of the judge of probate, which shall be open …

The Secretary of State shall, within 10 days after receiving the returns of election from the judge of probate of each county, furnish, from a count of the actual vote cast, as the same appears by the returns certified to him or her, certificates of election to members of the Leg…

The Speaker of the House of Representatives shall, within the first five days of the session of the Legislature, in the presence of a majority of the members of the Legislature, open the returns furnished under Section 17-12-19, ascertain and proclaim the result of such election,…

(a) In all elections where there is a tie between the two highest candidates for the same office, for all county or precinct offices, it shall be decided by lot by the judge of probate of the county in the presence of the candidates; and in the case of the office of circuit judge…