2022 Legislative Law Changes
ACT #2022-321 Effective 07/01/2022; to prohibit certain public officials responsible for an election to solicit donations.
2021 Legislative Law Changes
ACT #2021-446 Effective 05/17/2021; subject Post-Election Audit.
Title 11 - COUNTIES AND MUNICIPAL CORPORATIONS
- Title 2 PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY
- Chapter 46 - ELECTIONS
Article 1 General Provisions
- Section 11-46-1 Municipalities may provide for election, compensation, bond, etc., of officers.
- Section 11-46-2 Establishment of qualification fee for candidates for office.
- Section 11-46-3 Primary elections by political parties and partisan elections abolished in municipalities having 300,000 inhabitants or less.
- Section 11-46-4 Identification of electors eligible to vote; municipality, county contracts; official poll list.
- Section 11-46-5 Date of elections in certain municipalities.
- Section 11-46-6 Date of elections in certain Class 5 municipalities. (*Amended by ACT #2021-157 and ACT #2021-164)
- Section 11-46-7 Polling places for municipal elections in Class 1 municipalities.
- Section 11-46-8 Election of mayor and members of city council in Class 1 municipalities.
- Section 11-46-9 Election commission in Class 1 municipality.
Article 2 Elections in Certain Cities or Towns Having Mayor-Council Form of Government
- Section 11-46-20 Cities and towns governed by article; costs of elections; standard of time applicable; effect of legal holidays or closing days.
- Section 11-46-21 Time of elections; notice; assumption of duties by elected officers. (*Amended by ACT #2021-157 and ACT #2021-164)
- Section 11-46-22 Notice of elections. (*Amended by ACT #2021-157)
- Section 11-46-23 Authority and procedure for adjustment of boundary lines of wards, division of wards into voting districts, etc.
- Section 11-46-24 Designating and equipping voting places; election officials; canvass returns.
- Section 11-46-24.1 Designation of voting places in Class 8 municipalities by combination of districts and wards.
- Section 11-46-25 Ballots; statements of candidacy; withdrawal of candidacy. (*Amended by ACT #2021-157)
- Section 11-46-26 Proceedings where only one candidate or nominee for office. (*Amended by ACT #2021-157)
- Section 11-46-27 Appointment, compensation, etc., of election officers.
- Section 11-46-28 Polling place hours; duties of election officers; challenger; deletion of absentee voter applicants from voter list; preservation of order.
- Section 11-46-29 Appointment of election officers upon failure of others to attend polls.
- Section 11-46-30 Schools for instruction of election officials in use of voting machines; qualifications and certification of election officials.
- Section 11-46-31 Exhibition of voting machines for voter instruction and information; diagrams furnished with voting machines.
- Section 11-46-32 Election supplies.
- Section 11-46-33 Duties of clerk as to voting machines.
- Section 11-46-34 Voting booths.
- Section 11-46-35 Watchers.
- Section 11-46-36 Preparation, certification, filing, and publication of lists of qualified regular voters.
- Section 11-46-37 Preparation, etc., of lists of qualified voters upon disqualification of mayor, etc.
- Section 11-46-38 Electors to vote in wards or precincts of residence, etc.; qualifications for voting.
- Section 11-46-39 Oath and identification of voters challenged; voting procedure where paper ballots used.
- Section 11-46-40 Assistance of disabled electors generally.
- Section 11-46-42 Number of electors allowed in polling place; time limit, etc., for occupation of booth.
- Section 11-46-43 Right of secret ballot; write-in voting prohibited.
- Section 11-46-44 Votes not to be counted until polls closed; disposition of poll lists and affidavits; counting of ballots.
- Section 11-46-45 Preparation of statements of vote; certification, sealing, and delivery of statements and poll lists; packaging of ballots; sealing and delivery of ballot boxes.
- Section 11-46-46 Delivery of returns, etc.; retention and destruction of ballot boxes; opening of ballot boxes.
- Section 11-46-47 Delivery, examination, and identification of keys to voting machines; examination of counters, ballots, etc.; certification as to keys, counters, and ballots; opening of machines and polls.
- Section 11-46-48 Provision of election materials and supplies; preparation of lighting facilities; posting and placement of diagrams and models.
- Section 11-46-49 Election officers for voting machines; duties.
- Section 11-46-50 Identification of voters where voting machines used; voting procedure; assistance of voters; provisional ballot.
- Section 11-46-51 Instruction of voters in use of machines; oath, etc., of disabled voters; assistance of voters.
- Section 11-46-52 Closing of polls; locking of machines; announcement of results; statements of canvass; proclamation; disposition of voting materials.
- Section 11-46-53 Voting machines to remain locked during period for filing of contests; when seals of machines may be broken; disposition of records taken from machines.
- Section 11-46-54 Designation, etc., of custodians of voting machines and keys; transportation, storage, and protection of machines.
- Section 11-46-55 Canvassing of returns and certificate of election; determination of majority; runoff elections. (*Amended by ACT #2021-157 and ACT #2021-164 and ACT #2022-337)
- Section 11-46-55.1 Recount Procedures.
- Section 11-46-56 Absentee ballots - Eligibility.
- Section 11-46-57 Absentee ballots - Casting and handling of ballots; duties and compensation of clerks, etc., generally; applicability of other laws.
- Section 11-46-58 Absentee ballots - Marking, posting, etc., of lists of applicants.
- Section 11-46-59 Offenses of mayor and other executive officers.
- Section 11-46-60 Offenses of clerks.
- Section 11-46-61 Offenses of election officers generally.
- Section 11-46-62 Offenses of inspectors.
- Section 11-46-63 Failure of returning officer to deliver statement of votes and poll list.
- Section 11-46-64 Deception of disabled voters by marker, etc.
- Section 11-46-65 Drinking of intoxicating liquors by watcher.
- Section 11-46-67 Offenses of electors.
- Section 11-46-68 Miscellaneous offenses.
- Section 11-46-69 Contest of elections - Grounds; commencement of action.
- Section 11-46-70 Contest of elections - Trial; entry of judgment.
- Section 11-46-71 Annulment of elections.
- Section 11-46-72 Procedure where election not held on day appointed.
- Section 11-46-73 Provisions of article as to offenses cumulative.
- Section 11-46-74 Use of election dates established by classification act or local act.
Article 3 Elections in Certain Cities or Towns Having Commission Form of Government
- Section 11-46-111 Assistance of disabled electors generally.
- Section 11-46-112 Forms of oaths to be taken by and for challenged voters; penalty for false oath; refusal to take oath.
- Section 11-46-113 Number of electors allowed in polling place; time limit, etc., for occupation of booth.
- Section 11-46-114 Right of secret ballot; write-in voting prohibited.
- Section 11-46-115 Votes not to be counted until polls closed; disposition of poll lists and affidavits; counting of ballots.
- Section 11-46-116 Preparation of statements of vote; certification, sealing, and delivery of statements and poll lists; packaging of ballots; sealing and delivery of ballot boxes.
- Section 11-46-117 Delivery of returns, etc., to governing body; retention and destruction of ballot boxes generally; when ballot boxes may be opened.
- Section 11-46-118 Delivery, examination, and identification of keys to voting machines; examination of ballots, counters, etc.; certification as to keys, counters, and ballots; opening of machines and polls.
- Section 11-46-119 Provision of election materials and supplies; preparation of lighting facilities; posting and placement of diagrams and models.
- Section 11-46-120 Election officers for voting machines; duties.
- Section 11-46-121 Identification of voters where voting machines used; voting procedure generally; assistance of voters generally; challenges to voters.
- Section 11-46-122 Instruction of voters in use of machines; oath, etc., of disabled voters; assistance of voters.
- Section 11-46-123 Closing of polls; locking of machines; announcement of results; statements of canvass; proclamation; disposition of voting materials.
- Section 11-46-124 Voting machines to remain locked during period for filing of contests; when seals of machines may be broken; disposition of records taken from machines.
- Section 11-46-125 Designation, etc., of custodians of voting machines and keys; transportation, storage, and protection of machines.
- Section 11-46-126 Canvassing of returns, declaration of election result, and issuance of certificate of election by board of commissioners; runoff elections.
- Section 11-46-127 Absentee ballots - Eligibility.
- Section 11-46-128 Absentee ballots - Casting and handling of ballots generally; duties of registers, clerks, etc., generally; applicability of other laws relating to absentee voting.
- Section 11-46-129 Absentee ballots - Marking, posting, etc., of lists of applicants for absentee ballots.
- Section 11-46-130 Offenses of mayors and other executive officers.
- Section 11-46-131 Offenses of clerks.
- Section 11-46-132 Offenses of election officers generally.
- Section 11-46-133 Offenses of inspectors.
- Section 11-46-134 Failure of returning officer to deliver statement of votes and poll list.
- Section 11-46-135 Deception of disabled voter by marker, etc.
- Section 11-46-136 Drinking of intoxicating liquors by watcher.
- Section 11-46-138 Offenses of electors.
- Section 11-46-139 Miscellaneous offenses.
- Section 11-46-140 Contest of elections - Grounds; commencement of action.
- Section 11-46-141 Contest of elections - Trial; entry of judgment.
- Section 11-46-142 Annulment of elections.
- Section 11-46-143 Procedure where election not held on day appointed.
- Section 11-46-144 Provisions of article as to offenses cumulative.
- Section 11-46-145 Use of election dates established by classification act or local act.
Title 12 - COURTS
- Chapter 24 - RECUSAL FOR CAMPAIGN CONTRIBUTIONS
- Section 12-24-3 Recusal of a justice or judge due to campaign contribution; rebuttable presumption; appeal
Title 17 - Elections
- Chapter 1 - GENERAL PROVISIONS
- Section 17-1-1 Applicability of title to primary elections and county or municipal elections.
- Section 17-1-2 Definitions.
- Section 17-1-3 Chief elections officials.
- Section 17-1-4 Right of city, county and state employees to participate in political activities.
- Section 17-1-5 Employers to allow time off for voting.
- Chapter 2 - HELP AMERICA VOTE ACT (HAVA)
- Section 17-2-1 Help America Vote Fund.
- Section 17-2-2 Implementation plan; state plan committee.
- Section 17-2-3 Establishment of complaint review procedures.
- Section 17-2-4 Voting system requirements; vote standards; uniform polling system; purchase of equipment.
- Chapter 3 - VOTER REGISTRATION
Article 1 Board of Registrars- Section 17-3-1 Promulgation of rules for registration applications.
- Section 17-3-2 Qualifications and appointment of registrars; chair.
- Section 17-3-3 Terms of office; removal from office.
- Section 17-3-4 Filling of vacancies.
- Section 17-3-5 Compensation and allowances for registrars; treatment as state employees.
- Section 17-3-6 Oath of office; registrars designated as judicial officers.
- Section 17-3-7 Quorum.
- Section 17-3-8 Sessions of boards; working days of registrars; special registration sessions. (*Amended by ACT #2021-243)
- Section 17-3-9 Time and place of meeting in counties with two or more courthouses.
- Section 17-3-10 Expenditure of county funds for supplies, office space, etc.; clerical personnel of boards.
- Section 17-3-11 Registration of voters at colleges and universities.
- Section 17-3-12 Per diem for board members; appointments to fill board vacancies.
- Section 17-3-13 Compensation increases.
Article 2 Qualifications of Electors
- Section 17-3-30 Qualifications of electors generally.
- Section 17-3-30.1 Disqualification of Electors for Felonies Involving Moral Turpitude.
- Section 17-3-31 Restoration of right to vote upon pardon or issuance of certificate of eligibility.
- Section 17-3-32 Domicile not acquired or lost by temporary absence.
- Section 17-3-33 Domicile of persons located partly in multiple counties, districts, or precincts.
- Section 17-3-34 Persons living on boundary lines between counties, districts, or precincts.
Article 3 Registration of Electors
- Section 17-3-50 Registration deadline.
- Section 17-3-51 Certificate of registration.
- Section 17-3-52 Examination and oath of applicants; disclosure of information.
- Section 17-3-53 Access by political parties to voter registration information.
- Section 17-3-54 Refusal of registration - Authorized; notice required.
- Section 17-3-55 Refusal of registration - Appeal.
- Section 17-3-56 Registration required only once; exceptions.
- Section 17-3-57 Forms and supplies; publication of notices; expenses.
- Section 17-3-58 Voters in territory transferred to another county.
- Section 17-3-59 Electors temporarily out of the county may register.
- Section 17-3-60 Clerical assistance for judge of probate and board of registrars.
- Chapter 4 - VOTER REGISTRATION LISTS
Article 1 County Voter Registration Lists- Section 17-4-1 Lists of registered voters to be published.
- Section 17-4-2 State voter registration lists.
- Section 17-4-2.1 Electronic poll books.
- Section 17-4-3 County board of registrars to purge disqualified electors.
- Section 17-4-4 Information of deaths, incompetency, and convictions to be furnished to boards of registrars.
- Section 17-4-5 Notice of previous registration to be given.
- Section 17-4-6 Information to be provided by state departments or agencies.
- Section 17-4-6.1 Investigation of registered voter reported to be deceased or a nonresident of the precinct.
- Section 17-4-7 Meeting of board of registrars for voter list maintenance.
- Section 17-4-8 Electors to reidentify themselves; notice of reidentification; when eligible by mail.
- Section 17-4-9 Inactive voter list; voter reidentification.
- Section 17-4-10 Publication of names to be struck from list.
- Section 17-4-11 Only electors disqualified or not reidentified to be removed.
- Section 17-4-12 Records to show reason for striking elector from list; removal for failure to reidentify not permanent disqualification.
- Section 17-4-13 Procedure for having name restored to list of qualified electors; limitation of provisions.
- Section 17-4-14 Permanent list of qualified electors.
Article 2 Statewide Voter Registration File, Voter Registration Advisory Board, and Director of Voter Registration
- Section 17-4-30 Notice to registered voters; updating voter lists; suspense file; publication of names to be struck from list. (*Amended by ACT #2021-534)
- Section 17-4-31 State to reimburse county commissions certain costs associated with process. (*Amended by ACT #2021-534)
- Section 17-4-32 Judge of probate to have access to current list of registered voters; no state entities to pay costs for access to list.
- Section 17-4-33 Computerized statewide voter registration list. (*Amended by ACT #2021-335)
- Section 17-4-34 State Voter Registration Advisory Board.
- Section 17-4-35 Supervisor of Voter Registration.
- Section 17-4-36 Duties of boards of registrars; voter registration identification number.
- Section 17-4-37 Applicability of chapter.
- Section 17-4-38 Dissemination of information on voter registration.
- Section 17-4-38.1 Collecting, sharing, and verifying information; costs; rulemaking authority.
- Section 17-4-39 Maintenance of state voter registration list.
Article 3 The National Voter Registration Act and the Help America Vote Act of 2002
- Section 17-4-60 Implementation of federal acts.
- Section 17-4-61 Additional personnel.
- Section 17-4-62 Voter Registration Fund.
- Section 17-4-63 Rules, forms, and instructions; inter-agency agreements.
- Chapter 5 - THE FAIR CAMPAIGN PRACTICES ACT
- Section 17-5-1 Short title.
- Section 17-5-2 Definitions.
- Section 17-5-3 Political action committees; officers; accounting and reporting.
- Section 17-5-4 Filing statement to show principal campaign committee; duties and procedures. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-5 Statement of organization; notice of termination or dissolution. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-5.1 Regulation of legislative caucus organizations.
- Section 17-5-6 Checking account; expenditures.
- Section 17-5-7 Use of excess moneys received; solicitation, etc., of contributions.
- Section 17-5-7.1 Return or refund of contributions.
- Section 17-5-7.2 Disposal of campaign property.
- Section 17-5-8 Reports of contributions and expenditures by candidates, committees, and officials; filing; procedure. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-8.1 Electronic reporting; electronic searchable database; rules.
- Section 17-5-8.2 Legislative findings.
- Section 17-5-9 Filing procedure. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-10 Public inspection of reports; date of receipt. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-11 Duties of Secretary of State and judge of probate. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-12 Identification of paid advertisements.
- Section 17-5-13 Cards, pamphlets, circulars, etc., to bear name of candidate, committee, etc.
- Section 17-5-14 Corporate contributions or expenditures to political action committees; establishment by corporation; actions by utilities.
- Section 17-5-14.1 Establishment of segregated, separate political funds; voluntary contributions; filing of disclosure reports; violations.
- Section 17-5-15 Contributions by one person in name of another; contributions between political action committees, etc.
- Section 17-5-15.1 Limitation on receipt and spending of funds by principal campaign committee of a state or local candidate.
- Section 17-5-16 Fraudulent misrepresentation as acting for candidate, etc., prohibited; automated or pre-recorded communications.
- Section 17-5-17 Solicitation by force, job discrimination, threats, etc., prohibited.
- Section 17-5-19 Violations.
- Section 17-5-19.1 Civil Penalties. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-19.2 Administrative review. (*Amended by ACT #2021-314; takes effect August 1, 2023)
- Section 17-5-20 Appointment of designated filing agents; submission of reports.
- Section 17-5-21 Administrative Rules.
- Chapter 6 - ELECTION PREPARATION
Article 1 Precincts.- Section 17-6-1 Purpose.
- Section 17-6-2 Establishment of precincts; boundaries; precinct map; reapportionment coordination.
- Section 17-6-3 Voting districts; naming of precincts.
- Section 17-6-4 Designating and equipping voting places; county voting centers. (*Amended by ACT #2021-535)
- Section 17-6-5 List of voters for each voting place.
- Section 17-6-6 Adjustment of precinct configuration, boundaries, etc.
- Section 17-6-7 Permanent Legislative Committee on Reapportionment as liaison with Bureau of Census; assistance to counties.
- Section 17-6-8 Cooperation with Permanent Legislative Committee on Reapportionment.
- Section 17-6-9 Inapplicability to municipal elections.
Article 2 Ballots.
- Section 17-6-20 Elections must be by official ballot.
- Section 17-6-21 Contents; amendments; withdrawal of name. (*Amended by ACT #2020-39 Only applied to the 2020 General Election)
- Section 17-6-22 Political parties not included on ballot unless requirements met.
- Section 17-6-23 Uniform ballots at each polling place; electors for President and Vice President.
- Section 17-6-24 Printing and design.
- Section 17-6-25 Order of listing of candidates on ballots.
- Section 17-6-26 Order of arrangement; content requirements; secrecy envelopes or folders.
- Section 17-6-27 Write-in votes; listing of independent candidates; form of ballots.
- Section 17-6-28 Requirements for write-in votes.
- Section 17-6-29 Party emblem - Submission; approval.
- Section 17-6-30 Party emblem - Certification to judge of probate.
- Section 17-6-31 Party emblem - Prohibited designs.
- Section 17-6-32 Party emblem - Use when party is divided.
- Section 17-6-33 Designation of different offices of same classification.
- Section 17-6-34 Secret ballot.
- Section 17-6-35 Procedure to vote straight party ticket.
- Section 17-6-36 Procedure to vote for one candidate not on party ticket.
- Section 17-6-37 Procedure to vote for two or more candidates on different party tickets.
- Section 17-6-38 Procedure to vote split ticket.
- Section 17-6-39 Procedure when straight party ticket does not contain names of all candidates.
- Section 17-6-40 Procedure to vote for person whose name not on ballot.
- Section 17-6-41 Ballot for constitutional amendment.
- Section 17-6-42 Ballots to be paid for by counties and cities.
- Section 17-6-43 Packaging of ballots; detachable stubs.
- Section 17-6-44 Number of ballots per elector.
- Section 17-6-45 Performance of duties under chapter for municipal elections.
- Section 17-6-46 Instructional posters.
- Section 17-6-47 Blank forms and stationery for election.
- Section 17-6-48 Designating certain officers by number.
- Section 17-6-48.1 Permanent place names for each seat on supreme court and courts of appeal.
- Section 17-6-49 Office sought to be designated by number.
Article 3 Alabama Informed Voter Act.
- Section 17-6-80 Short title.
- Section 17-6-81 Fair Ballot Commission; ballot statements.
- Chapter 7 - ELECTRONIC VOTING MACHINES
- Section 17-7-1 Payment for machines.
- Section 17-7-2 Warrants or certificates for purchase - Issuance; form; interest.
- Section 17-7-3 Warrants or certificates for purchase - Obligation of county; disposition of proceeds.
- Section 17-7-4 Warrants or certificates for purchase - Pledge of general ad valorem tax for payment.
- Section 17-7-5 Warrants or certificates for purchase - Refunding authorized.
- Section 17-7-6 Warrants or certificates for purchase - Sections 17-7-2 through 17-7-7 control inconsistent laws.
- Section 17-7-7 Warrants or certificates for purchase - Applicability of Sections 17-7-2 through 17-7-7.
- Section 17-7-20 Definitions.
- Section 17-7-21 Requirements for approval of system.
- Section 17-7-22 Electronic Voting Committee.
- Section 17-7-23 Examination and certification of equipment.
- Section 17-7-24 Report of certification or rejection to be issued.
- Section 17-7-25 Implementation of article.
- Section 17-7-26 Limitation on committee's authority.
- Section 17-7-27 Secretary of State may implement uniform system of electronic voting in certain counties.
- Section 17-7-28 Counties participating in project may be eligible to receive state funding.
- Section 17-7-29 Secretary of State may provide for orderly acceptance of counties requesting to participate; reimbursement.
- Chapter 8 - ELECTION OFFICERS
- Section 17-8-1 Appointment of election officials; duties. (*Amended by ACT #2021-377)
- Section 17-8-2 Notice of appointment.
- Section 17-8-2.1 Political parties not included on ballot unless requirements met.
- Section 17-8-3 When officers ineligible to serve on appointing board.
- Section 17-8-4 Replacement of ineligible member of appointing board.
- Section 17-8-5 Political parties furnish lists from which appointments are made. (*Amended by ACT #2021-377)
- Section 17-8-6 Failure of election officials to attend. (*Amended by ACT #2021-377)
- Section 17-8-7 Poll watchers.
- Section 17-8-8 Oaths of election officials.
- Section 17-8-9 Instruction of election officials.
- Section 17-8-10 Returning officer.
- Section 17-8-11 Return of ballots in absence of inspector.
- Section 17-8-12 Compensation of election officials. (*Amended by ACT #2021-377)
- Section 17-8-13 Certain election officials excused from employment to perform election duties.
- Section 17-8-14 Student interns. (*Amended by ACT #2021-377)
- Chapter 9 - CONDUCT AND MANAGEMENT OF ELECTIONS
Article 1 General Provisions- Section 17-9-1 Duty of sheriff to preserve order at elections.
- Section 17-9-2 Duties of judge of probate to devolve upon circuit court in event of failure to perform.
- Section 17-9-3 Persons entitled to have names printed on ballots; failure of Secretary of State to certify nominations. (*Amended by ACT #2020-39 Only applied to the 2020 General Election)
- Section 17-9-4 Certificates of nomination to be preserved by judge of probate.
- Section 17-9-5 Notice of election.
- Section 17-9-6 Time of holding elections.
- Section 17-9-7 When election officials to meet, open polling place, etc.
- Section 17-9-8 No adjournment.
- Section 17-9-9 Proclaiming polls open.
- Section 17-9-10 Elector must vote in county and voting place of domicile.
- Section 17-9-11 Voter to sign name on poll list; exceptions.
- Section 17-9-12 Poll list to be sealed.
- Section 17-9-13 Voting assistance; time allowed to finish voting.
- Section 17-9-14 Spoiled ballot.
- Section 17-9-15 Disposition of records and forms after close of polls.
Article 2 Voter Identification.
- Section 17-9-30 (Operative in the first statewide primary for 2014) Identification of electors; Alabama photo voter identification card.
Article 3 Prohibited Practices.
- Section 17-9-50 Proximity of persons to polling place.
- Section 17-9-50.1 Photographing or revealing contents of another voter's ballot.
- Section 17-9-51 Time requirements for receipt of absentee ballots.
- Chapter 10 - PROVISIONAL VOTING; CHALLENGE OF VOTERS
- Section 17-10-1 Voter identification requirements.
- Section 17-10-2 Provisional ballots; certification; tabulation; identification of ballots.
- Section 17-10-3 Voting in precinct, etc., where elector's name does not appear on official list.
- Chapter 11 - ABSENTEE VOTING
Article 1- Section 17-11-1 "Circuit clerk" defined.
- Section 17-11-2 Absentee election manager.
- Section 17-11-3 Absentee balloting generally. (*Amended by ACT #2021-364)
- Section 17-11-3.1 Qualified voter with permanent disability preventing attendance at polls.
- Section 17-11-4 Form and contents of application; signature of applicant; filing of application.
- Section 17-11-5 Delivery of absentee ballots; maintenance of voter lists.
- Section 17-11-6 Form of absentee ballots.
- Section 17-11-7 Form of affidavit to be printed on envelope - General, special, or municipal elections.
- Section 17-11-8 Form of affidavit to be printed on envelope - Primary elections.
- Section 17-11-9 Materials furnished with ballot; delivery of ballot to absentee election manager.
- Section 17-11-10 Procedure upon receipt of ballot by absentee election manager; counting of ballots. (*Amended by ACT #2021-364)
- Section 17-11-11 Officials for counting of absentee ballots; poll watchers. Officials for counting of absentee ballots; poll watchers.
- Section 17-11-12 Delivery of ballots, envelopes, etc. to absentee election manager. (*Amended by ACT #2021-157)
- Section 17-11-13 Disqualification of circuit clerk from serving as absentee election manager.
- Section 17-11-14 Compensation of absentee election manager.
- Section 17-11-15 Performance of duties of clerk in municipal elections held separate from primary or general election.
- Section 17-11-16 Costs and expenses generally.
- Section 17-11-18 Time requirements for receipt of absentee ballots. (*Amended by ACT #2021-364)
- Section 17-11-19 Statements required from persons or entities supplying election materials; return of unused election materials.
Article 2 Overseas Absentee Voting.
- Section 17-11-40 Definitions.
- Section 17-11-41 Alabama Electronic Overseas Voting Advisory Committee.
- Section 17-11-42 Rules; requirements; minimum criteria.
- Section 17-11-43 Request for overseas ballot.
- Section 17-11-43.1 Use of federal write-in absentee ballots by overseas voters.
- Section 17-11-44 Receipt of request.
- Section 17-11-45 Procedure for return of voted ballot.
- Section 17-11-46 Overseas voter certificate.
- Section 17-11-47 Instructions.
- Section 17-11-48 Processing of voted absentee ballots.
- Section 17-11-49 Witnessing or notarization of absentee ballots.
- Section 17-11-50 Emergency procedures and rules.
- Section 17-11-51 Funding.
- Chapter 12 - CANVASSING RETURNS/DECLARING RESULTS
- Section 17-12-1 Conclusion of voting; locking of equipment; certificates of result.
- Section 17-12-2 Statements of results.
- Section 17-12-3 Reserved.
- Section 17-12-4 Procedures upon malfunction of equipment.
- Section 17-12-5 Retest of equipment.
- Section 17-12-6 Counting upon close of polls.
- Section 17-12-7 Preservation of ballots by sheriff.
- Section 17-12-8 Count of votes to be sealed, certified, and delivered to sheriff; public inspection of results.
- Section 17-12-9 Delivery of certificates to judge of probate; forwarding to Secretary of State.
- Section 17-12-10 Posting of certificate of result.
- Section 17-12-11 Returns of election - How made; duty of judge of probate.
- Section 17-12-12 Returns of election - Sealing, delivery, and disposition of records.
- Section 17-12-13 Procedure; improperly marked ballots.
- Section 17-12-14 Ballots to be counted, labeled, sealed, and delivered to returning officer.
- Section 17-12-15 Time and manner of canvassing.
- Section 17-12-16 Certification of results.
- Section 17-12-17 Canvass of election returns by state officials.
- Section 17-12-18 Governor proclaims result of certain elections.
- Section 17-12-19 Returns of election of state officers.
- Section 17-12-20 List of registered voters open to inspection.
- Section 17-12-21 Certificates of election to members of Congress and legislators.
- Section 17-12-22 Results of election of state officers; resolution of tie votes.
- Section 17-12-23 How tie vote decided. (Amended by ACT #2022-337)
- Section 17-12-24 Penalty for failure to make returns.
- Section 17-12-25 Notice of failure to make return.
- Chapter 13 - PRIMARY ELECTIONS
Article 1 General Provisions.- Section 17-13-1 "Primary election" defined.
- Section 17-13-2 Applicability of chapter; applicability of general election laws to primary elections.
- Section 17-13-3 Time and place for holding primary elections. (*Amended by ACT #2021-164)
- Section 17-13-4 Payment of compensation of officers and other expenses of elections.
- Section 17-13-5 Filing of declaration of candidacy; certification of names of candidates; preparation of ballots; unopposed candidates.
- Section 17-13-6 Only qualified candidates to be listed on ballots.
- Section 17-13-7 Persons entitled to vote; voter to certify political party preference by signing poll list.
- Section 17-13-7.1 Persons Entitled to Vote in Primary Runoff Elections.
- Section 17-13-8 Ballots, stationery, and supplies; pledge printed on ballot; spoiling of ballot.
- Section 17-13-8.1 Instant runoff primary elections in certain situations.
- Section 17-13-9 Duty of judge of probate to furnish and deliver election supplies.
- Section 17-13-10 Ballots to be secret and inviolate.
- Section 17-13-11 Watchers at polls.
- Section 17-13-12 Returning officers.
- Section 17-13-13 Counting of votes; results to be posted for public inspection.
- Section 17-13-14 Counting of ballots; materials to be sealed; delivery and retention of materials; posting of certificate of result.
- Section 17-13-15 When voted ballots container and records of election container may be opened.
- Section 17-13-16 Public proclamation of results of election; distribution of certificates of results.
- Section 17-13-17 Canvass, tabulation, and declaration of results.
- Section 17-13-18 Candidate with majority of votes declared nominee of party; second primary election; certification of results.
- Section 17-13-19 Procedure when one candidate declines to enter second primary.
- Section 17-13-20 Determination of majority of votes cast.
- Section 17-13-21 Tie votes.
- Section 17-13-22 Certification of nominees to judge of probate. (*Amended by ACT #2020-39 Only applied to the 2020 General Election)
- Section 17-13-23 Filling of vacancies in nominations.
- Section 17-13-24 Voting more than once. (*Amended by ACT #2021-448)
- Section 17-13-25 Changing or altering returns of primary elections.
- Section 17-13-26 Additional duties of sheriff, chief of police, etc.
Article 2 Political Parties.
- Section 17-13-40 "Political party" defined.
- Section 17-13-41 Determination of total vote of political party.
- Section 17-13-42 Political parties may elect whether to participate in primary elections.
- Section 17-13-43 Selection of delegates to national conventions by political parties.
- Section 17-13-44 Party committees for state and political subdivisions.
- Section 17-13-45 Provision for election of members of state executive committees.
- Section 17-13-46 Notice by governing body of political party of desire to enter primary.
- Section 17-13-47 Assessments and other qualifications for candidates for nomination.
- Section 17-13-48 Selection and appointment of officers to conduct elections.
- Section 17-13-49 State and other conventions.
- Section 17-13-50 Party meetings to nominate candidates, select delegates, party officers, etc.
- Section 17-13-51 Applicability of Sections 17-13-50 and 17-17-50.
- Section 17-13-52 Certificate of nomination by convention, mass meeting, etc.
Article 3 Contests of Primary Elections.
- Section 17-13-70 Time for contesting generally; hearing.
- Section 17-13-71 Grounds.
- Section 17-13-72 Effect of contest on declared nomination.
- Section 17-13-73 Certification of candidate in case of contest.
- Section 17-13-74 Summoning witnesses and production of documents.
- Section 17-13-75 Witnesses - Testifying as to vote.
- Section 17-13-76 Witnesses - Oaths; summoning witnesses; expenses.
- Section 17-13-77 Registration lists to be furnished upon request.
- Section 17-13-78 Statement by elector contesting election.
- Section 17-13-79 Contestant to notify contestee of votes sought to be proved illegal.
- Section 17-13-80 Contest of nomination to county office - Time and manner of commencement.
- Section 17-13-81 Contest of nomination to county office - Duty of chair of county executive committee in case of contest.
- Section 17-13-82 Contest of nomination to county office - Appeals from decisions of county executive committee.
- Section 17-13-83 Manner of commencing contest of nomination to office other than county office.
- Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt.
- Section 17-13-85 Meeting of state executive committee.
- Section 17-13-86 Declaration of result of contest.
- Section 17-13-87 New primary in case contest cannot be decided.
- Section 17-13-88 Power of state committee to provide rules of party procedure.
- Section 17-13-89 Commissioners to take testimony.
Article 4 Presidential Preference Primary Elections.
- Section 17-13-100 When held; reimbursement of county.
- Section 17-13-101 Applicability of Section 17-9-3 and this chapter.
- Section 17-13-102 Petition requirements.
- Section 17-13-103 Filing fee.
- Section 17-13-104 Notice to candidate of qualification; withdrawal by candidate.
- Section 17-13-105 Political party to file resolution with Secretary of State.
- Chapter 14 - GENERAL ELECTIONS
Article 1 General Provisions- Section 17-14-1 State and county officers who are elected by the people.
- Section 17-14-2 Holding of general election.
- Section 17-14-3 Time of general elections.
- Section 17-14-4 When county officers elected.
- Section 17-14-5 County boards of education.
- Section 17-14-6 Judges and clerks; vacancies.
- Section 17-14-7 Certification of vacancies in judicial offices.
- Section 17-14-8 District attorneys.
- Section 17-14-9 Justices of the Supreme Court.
- Section 17-14-10 When presidential electors and members of Congress elected.
- Section 17-14-11 United States Senators.
Article 2 Elections for Presidential and Vice Presidential Electors
- Section 17-14-30 Number of presidential electors.
- Section 17-14-31 Certification of names of candidates; nominating petitions; names of electors; statement of electors. (*Amended by ACT #2020-39 Only applied to the 2020 General Election)
- Section 17-14-32 Names on ballots; vote for candidate counted as vote for designated electors.
- Section 17-14-33 Making returns to Secretary of State.
- Section 17-14-34 Governor to estimate returns and give notice of election.
- Section 17-14-35 Tie vote.
- Section 17-14-36 Electoral meeting; filling of vacancies.
- Section 17-14-37 Compensation of electors.
Article 3 Amendments to the Constitution
- Section 17-14-50 Counting and returning vote on constitutional amendment.
- Section 17-14-51 Returns made to Secretary of State.
- Section 17-14-52 Returns counted; result proclaimed.
- Section 17-14-53 Expense of publication of proclamation.
- Section 17-14-54 Cost of elections on constitutional amendments.
- Section 17-14-55 Duty of state Comptroller to ascertain expenses and file same.
Article 4 Congressional Districts and Elections
- Section 17-14-70 Congressional districts; official maps.
- Section 17-14-71 Election of congressional representative.
- Section 17-14-72 Making returns to Secretary of State.
- Section 17-14-73 Governor to estimate returns and give notice of election.
- Chapter 15 - SPECIAL ELECTIONS
- Section 17-15-1 When and for what offices held.
- Section 17-15-2 Day for holding special elections.
- Section 17-15-3 Special elections ordered by Governor.
- Section 17-15-4 Proclamation of election for Congress or state officers.
- Section 17-15-5 Judge of probate to give notice of elections in county.
- Section 17-15-6 Notification of sheriff and clerk of circuit court.
- Section 17-15-7 How conducted and certificates given.
- Chapter 16 - POST ELECTION PROCEDURES
Article 1 General Provisions- Section 17-16-1 Preservation of voted ballot containers and records of election containers; electronic voting specialists.
- Section 17-16-2 Reimbursing counties for election expenses - "Expenses" defined.
- Section 17-16-2.1 Reimbursing counties for election expenses - Election Expense Reimbursement Committee.
- Section 17-16-3 Reimbursing counties for election expenses - Both federal or state and county offices.
- Section 17-16-4 Reimbursing counties for election expenses - Only federal or state offices.
- Section 17-16-5 Reimbursing counties for election expenses - Constitutional amendments in general.
- Section 17-16-6 Reimbursing counties for election expenses - Constitutional amendments affecting state as a whole.
- Section 17-16-7 Reimbursing counties for election expenses - Appropriation.
Article 2 Recounts Generally
- Section 17-16-20 Recounts generally.
- Section 17-16-21 Recount procedures.
Article 3 Election Contests
- Section 17-16-40 Grounds of contest.
- Section 17-16-41 When election not annulled.
- Section 17-16-42 Voter must answer as to qualifications.
- Section 17-16-43 Either party may have copy of registration and poll lists.
- Section 17-16-44 Jurisdiction in election contests; appeal.
- Section 17-16-45 Examination of ballots, voting equipment, etc.
- Section 17-16-46 Procedure for examination of ballots, voting machines, etc.; bond.
- Section 17-16-47 Statement of grounds of contest.
- Section 17-16-48 Notice of nature of evidence.
- Section 17-16-49 When contest commenced; security for costs.
- Section 17-16-50 Contest of senator or representative in Legislature - Filing.
- Section 17-16-51 Contest of senator or representative in Legislature - Testimony.
- Section 17-16-52 Contest of senator or representative in Legislature - Depositions returned.
- Section 17-16-53 Contest of senator or representative in Legislature - Costs taxed.
- Section 17-16-54 Contest of election of judge of circuit or district court - Procedure generally.
- Section 17-16-55 Contest of election of judge of circuit or district court - Testimony; heard without jury.
- Section 17-16-56 Contest of election of judge of probate court and other county and municipal officers - Generally.
- Section 17-16-57 Contest of election of judge of probate court and other county and municipal officers - Court open at all times.
- Section 17-16-58 Ballots may be examined.
- Section 17-16-59 Judgment of court.
- Section 17-16-60 Contest not abated by death of contestant.
- Section 17-16-61 Appeals - Generally.
- Section 17-16-62 Appeals - Costs.
- Section 17-16-63 Statement - Filing; bond.
- Section 17-16-64 Statement - Contents of statement; verification; service; amendments.
- Section 17-16-65 Tried by joint convention of House and Senate.
- Section 17-16-66 Commission elected to take testimony.
- Section 17-16-67 Sitting of commission.
- Section 17-16-68 Commission to take testimony.
- Section 17-16-69 Notice to adverse party.
- Section 17-16-70 Commission has power to punish for contempt.
- Section 17-16-71 Evidence confined to allegations; exceptions.
- Section 17-16-72 Each party entitled to be present.
- Section 17-16-73 Commission to report conclusions and evidence.
- Section 17-16-74 Compensation of witnesses.
- Section 17-16-75 Sheriffs to serve commission's writs.
- Section 17-16-76 Execution for costs.
- Chapter 17 - ELECTION OFFENSES
- Section 17-17-1 Arrest of electors attending, going to, or returning from elections.
- Section 17-17-2 Duty of sheriff to preserve order at elections.
- Section 17-17-3 Neglect of duties by election official.
- Section 17-17-4 Improper use of official authority or position for political activities.
- Section 17-17-5 Improper use of state property, time, etc., for political activities
- Section 17-17-6 Penalty for failure to purge disqualified electors.
- Section 17-17-7 Officers not to compare poll list with ballot.
- Section 17-17-8 Penalties for making false statements to board, etc.
- Section 17-17-9 Penalties for violating the National Registration Act and the Help America Vote Act of 2002.
- Section 17-17-10 Notice of ineligibility for appointing board; serving on board when ineligible.
- Section 17-17-11 Failure of inspector or clerk to attend election.
- Section 17-17-12 Consumption of intoxicating liquors during election.
- Section 17-17-13 Suppressing nomination.
- Section 17-17-14 Voting without registration and oath.
- Section 17-17-15 Signing name of other person on poll list.
- Section 17-17-16 Unlawful use of poll lists.
- Section 17-17-17 Loitering about polling place; standing in line of voters after having voted.
- Section 17-17-18 Disclosing votes by inspectors, clerks, etc.
- Section 17-17-19 Deceiving elector in preparation of ballot.
- Section 17-17-20 Inspector refusing to advise elector regarding assistants, or to allow selection thereof.
- Section 17-17-21 Disclosing or removing ballot; interfering with or influencing elector; remaining in booth, etc.
- Section 17-17-22 Official refusing watcher to exercise rights.
- Section 17-17-23 Tampering with, injuring, etc., machines; misuse; unauthorized possession of keys.
- Section 17-17-24 Changing ballots, unlawful use of absentee ballots, etc.; investigative assistance; encouraging voter participation.
- Section 17-17-25 Failure to perform duties as to absentee voting.
- Section 17-17-26 Preparation of absentee ballot of person in comatose or other noncommunicative state.
- Section 17-17-27 Failure to count legal vote.
- Section 17-17-28 Failure to require proper identification; voting at multiple or unauthorized locations; liability of officials.
- Section 17-17-29 Violation of requirements for disposition of election records.
- Section 17-17-30 Failure to provide notice in contested election.
- Section 17-17-31 Failure to provide notice under Section 17-15-5.
- Section 17-17-32 Failure to provide notice under Section 17-15-6.
- Section 17-17-33 Obstruction, intimidation, etc., of voting rights of others.
- Section 17-17-34 Paying, etc., or accepting payment for vote.
- Section 17-17-36 Illegal voting or attempting to vote. (*Amended by ACT #2021-448)
- Section 17-17-37 Illegal voting at municipal elections.
- Section 17-17-38 Bribing or attempting to influence voter.
- Section 17-17-39 Buying votes.
- Section 17-17-40 Selling votes.
- Section 17-17-41 Candidate barred by bribery.
- Section 17-17-42 Altering or changing vote of elector.
- Section 17-17-43 Disturbing elector on election day.
- Section 17-17-44 Intimidation of employee by employer.
- Section 17-17-45 Coercion of employee by officer, agent, etc., of corporation.
- Section 17-17-46 Providing false information to register to vote.
- Section 17-17-47 Assessment of unauthorized fees against candidate.
- Section 17-17-48 Unauthorized assistance to voter in preparation of ballot.
- Section 17-17-49 Failure of returning office to return ballots and election supplies.
- Section 17-17-50 Holding, participating in, etc., illegal meetings for purpose of nominating candidates or selecting delegates to convention.
- Section 17-17-51 Intoxication at polling place.
- Section 17-17-52 False or fraudulent returns.
- Section 17-17-53 Opening poll list.
- Section 17-17-54 Failure to place candidate's name, etc., on ballot.
- Section 17-17-55 Unauthorized marking of ballot, electioneering, or divulging how elector voted.
- Section 17-17-56 Penalty for violation of Chapter 13.
Title 21 - HANDICAPPED PERSONS
- Chapter 4 - ACCESSIBILITY TO AND USE OF PUBLIC BUILDINGS AND FACILITIES BY PHYSICALLY HANDICAPPED PERSONS
Article 2 Accessibility of Registration and Polling Places- Section 21-4-20 Legislative intent.
- Section 21-4-21 Definitions.
- Section 21-4-22 Promulgation of guidelines.
- Section 21-4-23 Registration and voting aids.
- Section 21-4-24 Actions for injunctive relief to enforce article.
Title 28 - INTOXICATING LIQUOR, MALT BEVERAGES, AND WINE
- Chapter 2 - ELECTIONS AS TO SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES WITHIN COUNTIES
Article 1 General Provisions- Section 28-2-1 Procedure for elections to determine classification of counties as wet or dry counties; laws applicable in dry counties.
Article 2 Special Method Referendum
- Section 28-2-20 Short title.
- Section 28-2-21 Petitioners for election under Section 28-2-1 may request election on adoption of this article; question to be asked voters.
- Section 28-2-22 Conditions governing sale of alcoholic beverages in county and municipalities therein where majority of voters approve sale and distribution under article; penalty for violation of section.
- Section 28-2-23 Levy and collection of tax upon sale of malt beverages by counties or municipalities permitting sale under article; disposition of proceeds from tax.
- Section 28-2-24 Counties not authorized to conduct referenda under provisions of Section 28-2-21.
- Section 28-2-25 Applicability of other provisions of title, etc., in county adopting article.
- Chapter 2A - ELECTIONS AS TO SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES WITHIN MUNICIPALITIES
- Section 28-2A-1 Procedure for wet or dry classification option elections.
- Section 28-2A-1.1 Ratification and confirmation of option elections and related taxes and licenses.
- Section 28-2A-2 Distribution of funds pursuant to Chapters 3 and 28 of Title 40.
- Section 28-2A-3 Legislative intent.
- Section 28-2A-20 Ordinance and Referendum to Determine Whether Annexed Territories Should be Legally Wet.
Title 31 - MILITARY AFFAIRS AND CIVIL DEFENSE
- Chapter 13 - ILLEGAL IMMIGRATION
- Section 31-13-28 Voter registration eligibility and requirements.
Title 36 - PUBLIC OFFICERS AND EMPLOYEES
- Chapter 14 - SECRETARY OF STATE
- Section 36-14-18 Performance of duties under Alabama Fair Campaign Practices Act.
- Chapter 25 - CODE OF ETHICS FOR PUBLIC OFFICIALS, EMPLOYEES, ETC
- Section 36-25-1 Definitions.
- Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees; finding of violation.
- Section 36-25-5.2 Public disclosure of information regarding officials, candidates, or spouses employed by or contracting with the state or federal government.
- Section 36-25-6 Use of contributions.
- Section 36-25-13 Actions of former public officials or public employees prohibited for two years after departure.
- Section 36-25-14 Filing of statement of economic interests.
- Section 36-25-15 Candidates required to file statements of economic interests; official to notify commission of name of candidate; failure to submit statement.
- Section 36-25-19 Registered lobbyists and other persons required to file quarterly reports.
- Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations period.
Canons of Judicial Ethics
- Canon 6
- Canon 7