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Home > Statutes > Usa Alabama
USA Statutes : alabama
Title : Title 17 ELECTIONS.
Chapter : Chapter 04 REGISTRATION.
Section 17-4-120 Section 17-4-120Registration deadline.

(a) The boards of registrars in the several counties of the state or their deputies shall not register any person as a qualified elector within 10 days prior to any election; provided, that the boards shall maintain open offices during business days in such 10-day period and on election day during the hours of voting.

(b) The provisions of this section shall not apply in any county having a population of not less than 600,000 inhabitants according to the 1970 or any succeeding federal decennial census, and any currently effective local law or general law of local application providing for a deadline on registration in such county shall remain in full force and effect and shall not be repealed by operation of this section.

(Acts 1950, 4th Ex. Sess., No. 6, p. 45; Code 1975, §17-4-4; Acts 1978, No. 584, p. 667, §14.)Section 17-4-121 Section 17-4-121Certificate of registration.

The registrars shall issue to each person registered a certificate of registration.

(Code 1896, §1565; Code 1907, §§307, 321; Acts 1920, No. 78, p. 124; Code 1923, §§378, 390; Acts 1939, No. 112, p. 144; Code 1940, T. 17, §§29, 42; Code 1975, §17-4-23; Acts 1978, No. 584, p. 667, §15.)Section 17-4-122 Section 17-4-122Examination and oath of applicants to register; applications not public records; political parties may obtain voter registration information.

The board of registrars shall have power to examine, under oath or affirmation, all applicants for registration, and to take testimony touching the qualifications of such applicants, but no applicant shall be required to answer any question, written or oral, not related to his qualifications to register. In order to aid the registrars to judicially determine if applicants to register have the qualifications to register to vote, each applicant shall be furnished by the board a written application, which shall be uniform in all cases with no discrimination as between applicants, the form and contents of which application shall be prescribed by the Supreme Court of Alabama and be filed by such court with the Secretary of State of the State of Alabama. The application shall be so worded that there will be placed before the registrars information necessary or proper to aid them to pass upon the qualifications of each applicant. The application shall be completed in writing, in the presence of the board or of a deputy registrar. There shall be incorporated in such application an oath to support and defend the Constitution of the United States and the Constitution of the State of Alabama and a statement in such oath by the applicant disavowing belief in or affiliation with any group or party which advocates the overthrow of the government of the United States or the State of Alabama by unlawful means. The application and oath shall be duly signed and sworn to by the applicant before a member or deputy of the board. If the applicant is unable to read or write, then he shall be exempt from the above stated requirements which he is unable to meet and in such cases a member or deputy of the board shall read to the applicant the application and oath herein provided for and the applicant's answers thereto shall be written down by such board member or deputy, and the applicant shall be registered as a voter if he meets all other requirements herein set out. Each member or deputy of the board is authorized to administer the oaths to be taken by applicants and witnesses. The applications of persons applying for registration shall not become public records as public records are defined under the laws of the State of Alabama, nor shall the board or its deputies disclose the information contained in such applications and written answers, except with the written consent of the person who filed the answer or pursuant to the order of a court of competent jurisdiction in a proper proceeding. Provided, however, that political parties as defined in Section 17-16-2, shall be authorized to obtain all voter registration information in the possession of boards of registrars or probate judges concerning registered voters in their jurisdictions. The boards of registrars or probate judges may collect the actual cost, if any, of providing said information. Provided, however, that nothing herein shall prohibit acts pertaining to individual counties which further provide for the availability of such voter information.

(Code 1907, §311; Acts 1920, No. 78, p. 124; Code 1923, §380; Code 1940, T. 17, §31; Acts 1953, No. 754, p. 1016, §1; Acts 1959, 1st Ex. Sess., No. 54, p. 98; Acts 1961, Ex. Sess., No. 320, p. 2380, §§9, 10; Acts 1965, 1st Ex. Sess., No. 288, p. 396, §1; Code 1975, §17-4-7; Acts 1978, No. 584, p. 667, §17; Acts 1985, 2nd Ex. Sess., No. 85-929, p. 228.)Section 17-4-123 Section 17-4-123Refusal of registration — Authorized; notice required.

Any person making application to the board of registrars for registration who fails to establish by evidence to the reasonable satisfaction of the board of registrars that he or she is qualified to register, may be refused registration. The board shall give written notice to each applicant deemed unqualified, within 10 days of its refusal to register him, stating the specific reason for such refusal.

(Code 1907, §313; Acts 1920, No. 78, p. 124; Code 1923, §382; Code 1940, T. 17, §33; Code 1975, §17-4-10; Acts 1978, No. 584, p. 667, §18.)Section 17-4-124 Section 17-4-124Refusal of registration — Appeal.

Any person to whom registration is denied shall have the right of appeal, without giving security for costs, within 30 days after such denial, by filing a petition in the circuit court in the county in which he or she seeks to register, alleging that he or she is a citizen of the United States over the age of 18 years having the qualifications as to residence prescribed by law and entitled to register to vote under the provisions of the Constitution of Alabama, as amended. Upon the filing of the petition, the clerk of the court shall give notice thereof to the district attorney authorized to represent the state in said county, who shall appear and defend against the petition on behalf of the state. The issues shall be tried in the same manner and under the same rules that other cases are tried in such court and by a jury, if the petitioner demands it. The registrars shall not be made parties and shall not be liable for costs. An appeal will lie to the Supreme Court in favor of the petitioner if taken within 42 days from the date of the judgment. Final judgment in favor of the petitioner shall entitle him or her to registration as of the date of his or her application to the registrars.

(Code 1907, §315; Acts 1920, No. 78, p. 124; Code 1923, §384; Code 1940, T. 17, §35; Acts 1953, No. 754, p. 1016, §3; Code 1975, §17-4-11; Acts 1978, No. 584, p. 667, §19.)Section 17-4-125 Section 17-4-125Registration required only once; exceptions.

No person heretofore registered and no person hereafter registered shall again be required to register unless he or she has changed the county of his or her residence, or was convicted of a disqualifying criminal offense and was subsequently pardoned with restoration of the right to vote expressed in the pardon, or was declared non compus mentis (incompetent), but has subsequently had those disabilities removed, or was stricken from the registered voter list for failure to vote at least once in four years.

(Code 1907, §316; Acts 1920, No. 78, p. 124; Code 1923, §385; Code 1940, T. 17, §36; Code 1975, §17-4-12; Acts 1978, No. 584, p. 667, §21.)Section 17-4-126 Section 17-4-126Forms and notices.

The Department of Finance shall, at the expense of the state, have prepared and furnished to the Secretary of State and by him to be furnished to the boards of registrars in the several counties a sufficient number of forms and notices necessary to carry out their lawful functions.

The cost of the publication of the notices required to be given by the registrars shall be paid by the state. The bills therefor shall be rendered to the Director of Finance and approved by him.

(Code 1896, §1568; Code 1907, §317; Acts 1920, No. 78, p. 124; Code 1923, §386; Code 1940, T. 17, §37; Code 1975, §17-4-13; Acts 1978, No. 584, p. 667, §22.)Section 17-4-127 Section 17-4-127Voting in precinct, etc., where elector's name does not appear on official list.

It shall be unlawful for any elector to cast his or her ballot during any general election, primary election, municipal election or special election in any precinct, any district, any ward, or any other subdivision where his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision. All ballots cast in any election contrary to this section are hereby declared illegal and, upon a contest duly instituted, the ballots shall be excluded in determining the final result of any election; provided, that nothing in this section shall prevent any qualified elector residing in the precinct, ward, or voting district from voting after presenting a proper certificate from the board of registrars, or from voting a provisional ballot when his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision.

(Acts 1947, No. 482, p. 331, §2; Code 1975, §17-4-18; Acts 1978, No. 584, p. 667, §23; Act 2003-313, p. 733, §2.)Section 17-4-128 Section 17-4-128Voters in territory transferred to another county.

Every qualified elector of the State of Alabama who resides in territory which has been detached from one county and added to an adjoining county of the State of Alabama shall be entitled to have his name added to the list of the qualified electors of said county to which the territory wherein he resides has been added.

(Acts 1932, Ex. Sess., No. 172, p. 199; Code 1940, T. 17, §39; Code 1975, §17-4-19; Acts 1978, No. 584, p. 667, §24.)Section 17-4-129 Section 17-4-129Lists of registered voters to be published.

The judge of probate shall publish from the state voter registration list a correct alphabetical list of qualified electors by precinct, district, or subdivision wherein each elector is registered to vote, in some newspaper with general circulation in the county, on or before the twentieth day preceding the regularly scheduled primary election. The list shall be accompanied by a certificate verifying that the list contains the names of all qualified electors registered as of the date shown on the state voter registration list. The list shall further state that any elector whose name was inadvertently omitted from the list shall have 10 days in which to have his or her name entered upon the list of qualified voters. If within 10 days any voter shall reasonably satisfy the board of registrars by proper proof that any name should be added to the list, the board shall add such name to the list. The supplemental list of registered voters inadvertently omitted from the original list shall be published once in a newspaper of general circulation in the county on or before the seventh day preceding the date of the primary election.

(Acts 1920, No. 78, p. 124; Code 1923, §387; Acts 1927, No. 289, p. 274; Code 1940, T. 17, §38; Acts 1947, No. 482, p. 331, §1; Code 1975, §17-4-14; Acts 1978, No. 380, p. 343; Acts 1978, No. 584, p. 667, §25; Acts 1978, 2nd Ex. Sess., No. 5, p. 1601; Act 2003-313, p. 733, §2.)Section 17-4-130 Section 17-4-130State voter registration lists.

From the state voter registration list, the judge shall prepare and print a report of the correct alphabetical lists of the qualified electors registered by precincts, districts, or subdivisions of a precinct where the precinct has been divided or subdivided, if not within a city or incorporated town, and by wards and other subdivisions, if within a city or incorporated town, and no others. An electronic archive in the database for the state voter registration list shall be recorded simultaneously with the printing of each county's list of qualified voters. The board of registrars shall deliver these lists of qualified electors for each precinct to the judge of probate and certify that the same was produced from the state voter registration list. Each printed list of qualified voters shall contain a printed certification generated by the state voter registration system establishing that the contents of the list are true and correct as of the specified time and date when it was printed. The judge of probate shall deliver or cause to be delivered to the inspectors in each precinct, each district, each ward, or each other subdivision one copy of the list of qualified electors printed for such box or voting place immediately preceding every general, primary, or special election, and the delivered list shall contain only the names of persons qualified to vote at such box or voting place; except, that for purposes of information only, there may be delivered to the inspectors lists prepared for other boxes or voting places. The list published in the newspaper before each primary election shall not be used as the poll list.

Notwithstanding the foregoing, electronic access to the state voter registration list may be utilized in lieu of a printed list in accordance with administrative rules promulgated and implemented by the Secretary of State. The Secretary of State shall send any proposed new rule or amendment to an existing rule by certified mail to each county canvassing board at least 30 days prior to certification of the proposed rule or amendment pursuant to the Administrative Procedure Act.

Both the board of registrars and the judge of probate shall keep a current copy of the qualified elector list for the county open and subject to public inspection.

(Code 1896, §1567; Code 1907, §319; Acts 1920, No. 78, p. 124; Code 1923, §388; Code 1940, T. 17, §40; Acts 1947, No. 482, p. 331, §3; Code 1975, §17-4-15; Acts 1978, No. 584, p. 667, §26; Act 2003-313, p. 733, §2.)Section 17-4-131 Section 17-4-131Information of deaths, incompetency and convictions to be furnished to boards of registrars.

In addition to all other duties now required by law, the several registrars of vital statistics for each of the several registration districts of this state shall furnish to the board of registrars of the county in which such district is located, once each month, a report of the death of all persons over 18 years of age who resided in such registration district.

In addition to all other duties now required by law, the judges of probate of the several counties of this state shall furnish to the board of registrars of their respective counties, once each month, a list of all residents of the county, 18 years of age or over, who have been declared mentally incompetent.

In addition to all other duties required by law, the clerks of the circuit and district courts of this state shall furnish to the board of registrars of each county, once each month, a list of all residents of that county who have been convicted of any offense mentioned in Section 182 of the Constitution of 1901. Any person who willfully fails to perform such duties shall forfeit the sum of $100.00 for each such failure. Such sum may be recovered in an action by law by any citizen of the county in which the officer acts, one half to his own use and one half to the use of the state.

(Acts 1935, No. 434, p. 914; Code 1940, T. 17, §45; Code 1975, §17-4-61; Acts 1978, No. 584, p. 667, §27.)Section 17-4-132 Section 17-4-132Purgation of registration lists; transfer of names to precinct to which elector has moved; failure to perform duties.

The board of registrars shall purge the registration list whenever it receives and confirms information that a person registered to vote in that county has died, become a nonresident of the state or county, been declared mentally incompetent, been convicted of any offense mentioned in Section 182 of the Constitution since being registered or otherwise become disqualified as an elector. A person convicted of a disqualifying offense must be notified by certified mail of the board's intention to strike his name from the list. No person convicted of a disqualifying crime may be stricken from the poll list while an appeal from the conviction is pending. Notice of the names of all other persons proposed to be stricken from the list shall be published in some newspaper published in the county.

On the date set in the notice, or at a later date to which the case may have been continued by the board, the board shall proceed to consider the case of such elector whose name it proposes to strike from the registration list and determine the same. Any person whose name is stricken from the list may appeal from the decision of the board, without giving security for costs, and a trial by jury may be had; and the board shall forthwith certify the proceedings to the circuit clerk, who shall docket the case in the circuit court.

When the board has sufficient evidence furnished it that any elector has permanently moved from one precinct to another within the county, it shall transfer the name of such elector to the registration list of the precinct to which such elector has moved, and shall give notice by mail to such elector if the elector has not requested the change of registration.

Any member or deputy of the board of registrars who neglects or willfully refuses to perform the duties herein required of him shall be guilty of a misdemeanor and on conviction shall be punished by a fine of not more than $500.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.

(Code 1907, §§323, 326; Acts 1920, No. 78, p. 124; Code 1923, §§392, 395; Acts 1927, No. 289, p. 274; Acts 1935, No. 460, p. 989; Code 1940, T. 17, §§44, 48; Code 1975, §§17-4-60, 17-4-63; Acts 1978, No. 584, p. 667, §28.)Section 17-4-133 Section 17-4-133Reason for striking elector's name from registration list required to be recorded.

When the name of any elector is stricken from the registration list, the records maintained by the board of registrars must show the reason for striking the elector from the list.

(Code 1907, §330; Acts 1920, No. 78, p. 124; Code 1923, §399; Code 1940, T. 17, §52; Code 1975, §17-4-67; Acts 1978, No. 584, p. 667, §29.)Section 17-4-134 Section 17-4-134Electors temporarily out of the county may register.

The following persons shall be entitled to register to vote by mail if they possess the qualifications of an elector and are not disqualified from voting under the Constitution and laws of Alabama, namely, members of the armed forces of the United States, persons employed outside the United States, persons absent because of attendance at institutions of higher learning and the spouses and children of such persons; provided, that such persons shall be entitled to register by mail only in the counties where they were residents prior to entering the status which makes them eligible for such registration.

An application for absentee registration shall be in writing and shall be filed with the board of registrars of the county in which the elector resides. The board shall furnish the applicant a written application in the same form as that provided other applicants and any additional application deemed necessary to determine eligibility to register, which application shall be answered by the applicant without assistance and shall be verified before a commissioned officer of the armed forces of the United States or any person authorized to administer oaths and take affidavits. Such application shall be filed with the records of the board. The board may take other testimony respecting the applicant and the truthfulness of any information furnished by him. Any additional testimony so taken shall be reduced to writing and shall be sworn to by the witness before a member or clerk of the board or anyone authorized to administer oaths.

(Acts 1969, No. 604, p. 1092, §§1, 2; Acts 1971, No. 2426, p. 3868, §§1, 2; Code 1975, §§17-4-80, 17-4-81, 17-4-100, 17-4-101; Acts 1978, No. 584, p. 667, §32.)Section 17-4-135 Section 17-4-135Notice of previous registration to be given.

When a person makes application for registration before a county board of registrars, it shall be the duty of that board, if the elector has been previously registered before in any other county or state, to notify the registrar of voters in the county or state of his previous registration that such elector has applied for and been registered as an elector in the county where such application for registration is made.

When the notice required in this section is received by the board of registrars of any county where such person had been previously registered, it shall be the duty of the board of registrars receiving such notice to remove forthwith the name of such person from the list of qualified electors of the county of previous registration, and such person shall thereafter be disqualified to vote in any election held in any county of previous registration unless he shall be duly reregistered.

(Acts 1949, No. 27, p. 39, §§1, 2; Code 1975, §17-4-22; Acts 1978, No. 584, p. 667, §33.)Section 17-4-136 Section 17-4-136Promulgation of rules for registration applications.

The Secretary of State may promulgate rules for the receipt of applications for registration and the expedient administration of those applications, but no person shall be registered until a majority of the board of registrars has passed favorably upon the person's qualifications.

(Acts 1920, No. 78, p. 124; Code 1923, §400; Code 1940, T. 17, §53; Code 1975, §17-4-24; Acts 1978, No. 584, p. 667, §30; Act 2003-313, p. 733, §2.)Section 17-4-137 Section 17-4-137Secretary of State to furnish forms and supplies to boards of registrars.

The Secretary of State shall furnish to each board of registrars the necessary forms and supplies for effectuating the purposes of this chapter, and the expense incurred thereby shall be paid out of the State Treasury. The several counties shall pay all other reasonable and necessary expenses incurred by the boards in carrying out the provisions of this chapter.

(Acts 1978, No. 584, p. 667, §31.)Section 17-4-138 Section 17-4-138Clerical assistance for judge of probate and board of registrars.

The judge of probate may employ such assistants and clerical help as may be necessary to complete and properly prepare reports from the state voter registration list of the list of qualified electors which the judge of probate is required to certify and furnish to the election inspectors. The judge of probate shall receive or such assistants shall be paid out of the county treasury by warrants, drawn by the county commission on certificate of the probate judge, accompanied by the certificates of the person being paid, showing the amount is due under the provisions of this chapter, but the entire amount spent for the preparation of such lists shall not exceed a sum equal to the amount obtained by multiplying the number of names on the list by $.05 for the preparation of such list. The judge of probate in all counties having a population of not less than 100,000 nor more than 350,000, according to the last or any subsequent federal census, is hereby authorized and directed to employ a clerk to assist the board of registrars of the county. The duties of the clerk shall be to submit to the board of registrars revised election lists of the county by placing all persons in their proper ward or precincts and eliminating therefrom all deceased, nonresident, and fictitious persons named upon the voting roll and those convicted of crime. The clerk shall further attend to all clerical work of the board of registrars. The clerk shall be paid a compensation out of the county treasury, of not more than two hundred fifty dollars ($250) per month, to be fixed by the judge of probate.

The board of registrars shall be furnished with office space by the county governing body. The chairman of the board of registrars is hereby authorized to purchase all necessary office equipment and hire all necessary part time or full time clerical help to perform its prescribed duties.

(Acts 1920, No. 78, p. 124; Code 1923, §402; Acts 1927, No. 289, p. 274; Acts 1931, No. 251, p. 293; Code 1940, T. 17, §55; Acts 1951, No. 385, p. 677; Acts 1959, 2nd Ex. Sess., No. 54, p. 220; Code 1975, §17-4-25; Acts 1979, No. 79-465, p. 847; Acts 1981, No. 81-640, p. 1057; Act 2003-313, p. 733, §2.)Section 17-4-139 Section 17-4-139Unlawful registration.

Any person who registers for another, or who knowingly and wilfully registers or procures the registration of any person not possessing the qualifications of an elector, or who registers more than once, and any registrar who enters the name of any person on the list of registered voters without such person having made application in person under oath on a form provided for that purpose, or who knowingly registers any person more than once, or who knowingly enters a name upon the registration list as the name of a voter, without anyone of that name applying to register, shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for not less than one nor more than five years.

(Code 1907, §6795; Code 1923, §3913; Code 1940, T. 17, §308; Code 1975, §17-4-26.)Section 17-4-150 Section 17-4-150Qualifications and appointment of registrars; chairman.

(a) Registration shall be conducted in each county by a board of three reputable and suitable persons to be appointed, unless otherwise provided by law, by the Governor, Auditor, and Commissioner of Agriculture and Industries, or by a majority of them acting as a board of appointment. The registrars shall be qualified electors, residents of the county, shall have a high school diploma or equivalent, and possess the minimum computer and map reading skills necessary to function in the office. The Secretary of State shall prescribe guidelines to assist the board of appointment in determining the qualifications of registrars. The registrars shall not hold an elective office during their term. One of the members shall be designated by the board of appointment as chair of the board of registrars for each county.

(b) Notwithstanding the provisions of subsection (a), the Legislature may provide by local law for the appointment of additional members to the board of registrars for a county that has two courthouses.

(c) The provisions of this section shall not apply in any county having a population of not less than 600,000 inhabitants according to the 1970 or any succeeding federal decennial census, and any currently effective local law or general law of local application providing for the appointment of any member of the board of registrars in the county shall remain in full force and effect and shall not be repealed by operation of this chapter.

(Code 1896, §1561; Code 1907, §300; Acts 1920, No. 78, p. 124; Code 1923, §370; Acts 1932, Ex. Sess., No. 157, p. 177; Code 1940, T. 17, §21; Code 1975, §17-4-40; Acts 1978, No. 584, p. 667, §6; Acts 1992, No. 92-223, p. 551, §1; Act 2003-313, p. 733, §2.)Section 17-4-151 Section 17-4-151Terms of office; removal from office.

The registrars appointed under this article may be removed for cause by the Secretary of State at any time before the end of their term of office, upon submitting written reasons therefor to the registrar removed and to the members of the appointing board. If not so removed, the registrar may hold office for four years from the date of appointment and until a successor is appointed.

(Code 1907, §301; Acts 1920, No. 78, p. 124; Code 1923, §371; Code 1940, T. 17, §22; Code 1975, §17-4-41; Acts 1978, No. 584, p. 667, §7; Act 2003-313, p. 733, §2.)Section 17-4-152 Section 17-4-152Filling of vacancies.

If one or more of the persons appointed on such board of registration shall refuse, neglect or be unable to qualify to serve, or if a vacancy or vacancies occur in the membership of the board of registrars, from any cause, the Governor, Auditor and Commissioner of Agriculture and Industries, or a majority of them acting as a board of appointment, shall make other appointments to fill such board.

(Code 1896, §1571; Code 1907, §302; Acts 1920, No. 78, p. 124; Code 1923, §372; Code 1940, T. 17, §23; Code 1975, §17-4-42; Acts 1978, No. 584, p. 667, §8.)Section 17-4-153 Section 17-4-153Compensation and allowances for registrars; treatment as state employees; reduction of county supplement upon implementation of 1994 act barred.

(a) Each registrar shall receive a salary in the amount of $60 per day for each day's attendance upon business of the board, to be paid by the state and disbursed to the county commissions and disbursed by the county commissions to each registrar on order of a quorum of the board of registrars of the county. The State Comptroller shall issue to each county commission on a monthly basis an amount sufficient to fund these payments plus the employer share of the social security or Federal Insurance Corporation Act tax. The county commission will provide to the State Comptroller an invoice itemized to reflect payments made. If a legal holiday falls on a day the board is to be in session, and the courthouse of the county is closed for the holiday, the board of registrars shall be compensated for the holiday. Each registrar shall receive a mileage allowance equal to the amount allowed state employees or employees of the county, whichever is greater, for official travel in the course of attending the business of the board, including attending continuing education programs. Travel and other expenses shall be paid by the county commissions to the boards of registrars and the state shall reimburse the county commissions based on a written request submitted by the county commissions to the State Comptroller.

(b) The provisions of this section regarding travel mileage shall not apply in any county having a population of 600,000 or more inhabitants according to the 1970 or any succeeding federal decennial census, and any currently effective local law or general law of local application regarding travel mileage for registrars in the county shall remain in full force and effect and shall not be repealed by operation of this chapter.

(c) Members of the boards of registrars of this state are hereby declared to be state employees for the purposes of Chapter 28 of Title 36.

(d) Members of the boards of registrars of this state shall be treated as equals with other state and county employees in regard to social security protection and benefits.

(e) All payments by a county to any member of a county board of registrars (except for mileage or reimbursement for expenses) shall be treated for social security purposes equally with payments by that county to other county employees of the county.

(f) The State Office for Social Security and the State Comptroller and each county commission are directed to take all necessary action to insure that members of the boards of registrars of this state are treated as other state and county employees in regard to social security protection and benefits as provided in Chapter 28 of Title 36, including, if necessary, amending the federal-state agreement referred to in Chapter 28 of Title 36, to implement the intent of the Legislature as expressed herein.

(g) No county commission may reduce the current county supplement upon the effect of this section by implementation of Acts 1994, No. 94-693.

(Code 1896, §1570; Code 1907, §303; Acts 1920, No. 78, p. 124; Code 1923, §373; Acts 1933, Ex. Sess., No. 8, p. 6; Code 1940, T. 17, §24; Acts 1947, No. 531, p. 388; Acts 1951, No. 874, p. 1512; Acts 1973, No. 1206, p. 2029; Code 1975, §17-4-43; Acts 1978, No. 584, p. 667, §9; Acts 1982, No. 82-541, p. 892, §1; Acts 1987, No. 87-577; Acts 1988, No. 88-659, p. 1056, §1; Acts 1993, No. 93-640, p. 1096, §1; Acts 1994, No. 94-693, p. 1333, §1.)Section 17-4-154 Section 17-4-154Oath of office; registrars designated as judicial officers.

Before entering upon the performance of the duties of his office, each registrar shall take the same oath as required by the judicial officers of the state, which oath may be administered by any person authorized to administer oaths. The oath shall be in writing and subscribed by the registrar, and filed in the office of the judge of probate of the county. Said registrars are judicial officers and shall act judicially in all matters pertaining to the registration of applicants.

(Code 1907, §304; Acts 1920, No. 78, p. 124; Code 1923, §374; Code 1940, T. 17, §25; Code 1975, §17-4-44; Acts 1978, No. 584, p. 667, §10.)Section 17-4-155 Section 17-4-155Quorum.

The action of a majority of the board of registrars shall be the action of the board, and a majority of the board shall constitute a quorum for the transaction of all business.

(Code 1907, §314; Acts 1920, No. 78, p. 124; Code 1923, §383; Code 1940, T. 17, §34; Code 1975, §17-4-45; Acts 1978, No. 584, p. 667, §20.)Section 17-4-156 Section 17-4-156Sessions of boards; working days of registrars; special registration sessions.

(a) Each member of the board of registrars in the Counties of Chambers, Clay, Cleburne, Coosa, Dallas, Escambia, Geneva, Lowndes, Perry, Sumter, and Wilcox may meet a maximum of 120 working days each fiscal year beginning October 1, 1984, and thereafter; each member of the board of registrars in the Counties of Barbour, Blount, Butler, Fayette, Greene, Lee, Marengo, Pickens, Pike, Randolph, Talladega, and Winston may meet a maximum of 168 working days each fiscal year beginning October 1, 1984, and thereafter, except in the Counties of Lee and Pike each board of registrars may meet up to an additional 30 session days each fiscal year, at the discretion of the chairman of the county commission, beginning October 1, 1985, and thereafter and such days shall be paid from the respective county funds; each member of the board of registrars in Tallapoosa County may meet a maximum of 220 working days each fiscal year beginning October 1, 1994, and thereafter; each member of the board of registrars in the Counties of Dale, Franklin, Houston, Marion, Marshall, Bullock, Macon, and Tuscaloosa may meet a maximum of 216 working days each fiscal year beginning October 1, 1984, and thereafter; and each member of the boards of registrars in the Counties of DeKalb, Elmore, Limestone, Russell, and Shelby may meet a maximum of 167 working days each fiscal year beginning October 1, 1984, and thereafter.

(b) In the Counties of Choctaw, Coffee, Colbert, Cullman, Lauderdale, and Monroe, each member of the board of registrars may meet a maximum of 199 working days each fiscal year beginning October 1, 1984, and thereafter.

(c) Each member of the Board of Registrars of Autauga and Bibb Counties may meet a maximum of 187 working days each fiscal year. Each member of the Board of Registrars of Walker County may meet a maximum of 200 days each fiscal year and each member of the Board of Registrars of Lamar, Cherokee, Clarke, Conecuh, Crenshaw, Hale, and Washington Counties may meet a maximum of 140 days each fiscal year. Each member of the Board of Registrars in the following counties may meet the following maximum number of working days each fiscal year: Henry - 140 working days; Covington - 188 working days; Jackson - 207 working days; Etowah - 207 working days; and Lawrence - 140 working days.

(d) Each member of the board of registrars in the Counties of Baldwin, Calhoun, Chilton, Madison, Mobile, Montgomery, St. Clair, and Morgan are authorized to meet not more than five days each week for the purpose of carrying out their official duties. Jefferson County, which is now operating under the provisions of local bills, shall be exempted from the provisions of this section. Provided, however, that where the words 'each year' are used in the local acts the words mean 'each fiscal year beginning October 1, 1984, and thereafter.

(e) The actual number of working days to be used as session days shall be determined by a quorum of the board according to the needs of the county.

(f) As many as 25 of the allotted working days may be used for special registration sessions (i.e., those sessions held away from the courthouse in the several precincts of the county or sessions held on Saturday or between the hours of 5:00 P.M. and 9:00 P.M.). Notice of any special session scheduled by the board shall be given at least 10 days prior to the special session by (1) bills posted at three or more public places in each election precinct affected, if the session involves precinct visits, and (2) advertisement once a week for two successive weeks in a newspaper published in the county or by radio or television announcements on a local station, or both by newspaper or announcement.

(Acts 1978, No. 584, p. 667, §11; Acts 1978, 2nd Ex. Sess., No. 23, p. 1701; Acts 1984, 1st Ex. Sess., No. 84-785, p. 168; Acts 1984, 1st Ex. Sess., No. 84-800, p. 215; Acts 1985, No. 85-527, p. 635; Acts 1985, No. 85-533, p. 642; Acts 1985, No. 85-591, p. 919, §1; Acts 1986, No. 86-495, p. 938, §1; Acts 1988, 2nd Ex. Sess., No. 88-985, p. 711; Acts 1990, No. 90-640, p. 1195; Acts 1994, No. 94-248, p. 462, §1; Acts 1994, No. 94-249, p. 463, §1; Acts 1994, No. 94-530, p. 963, §1; Acts 1994, No. 94-560, p. 1030, §1; Acts 1996, No. 96-747, p. 1316, §1; Act 2002-454, p. 1168, §1.)Section 17-4-157 Section 17-4-157Time and place of meeting in counties with two or more courthouses.

Where there are two or more courthouses in any county, the board of registrars shall divide the time equally between the courthouses for the purpose of holding regular sessions for registering voters and shall give notice accordingly.

(Code 1907, §310; Acts 1920, No. 78, p. 124; Code 1923, §379; Code 1940, T. 17, §30; Code 1975, §17-4-6; Acts 1978, No. 584, p. 667, §16.)Section 17-4-158 Section 17-4-158Deputy registrars.

Each board may appoint deputy registrars to aid it in its performance of its lawful duties. Any person serving as a deputy registrar shall be trained by the board of registrars and shall serve without compensation. The board shall provide deputy registrars with all necessary registration forms, and when such forms are completed, the deputy registrar shall return them to the office of the board of registrars before the close of business on the next business day.

(Acts 1978, No. 584, p. 667, §13.)Section 17-4-159 Section 17-4-159Expenditure of county funds for supplies, office space, etc.; clerical personnel of boards.

All county governing bodies are authorized and directed to expend county funds for supplies, equipment, telephone service, office space and clerical help as may be necessary to carry out the purposes and provisions of this chapter. Any clerical personnel who work under the direction of the board of registrars shall be selected by the board of registrars, and the compensation shall be set by the county governing body.

(Acts 1965, No. 829, p. 1557; Code 1975, §17-4-48; Acts 1978, No. 584, p. 667, §12.)Section 17-4-160 Section 17-4-160Duty to visit four-year colleges and universities for purpose of registering voters.

(a) The board of registrars in each county shall visit each four-year college or university, whether public or private, having an enrollment of 500 or more, which is located therein, at least once between March 1 and April 30 of each year for the purpose of registering voters, and shall remain there for one full working day, weekends and holidays excepted. They shall give at least 12-days notice of the time and place where they will attend to register applicants for registration, by bills posted at three or more public places and by advertisement once a week for three consecutive weeks in a campus newspaper, if there is one published on the campus. Each college or university affected by the provisions of this section shall provide space and accommodations for said board of registrars on their campus.

(b) Each member of the board of registrars shall be entitled to receive their usual salary and per diem for attending the meetings of the board of registrars provided for in this section.

(c) The provisions of this section shall not be construed to repeal or supersede any provision of the general or any local law relative to meetings of registrars.

(d) This section shall not apply to Etowah County.

(Acts 1977, No. 769, p. 1327, §§1, 2, 3, 5; Code 1975, §17-4-49.)Section 17-4-180 Section 17-4-180County board of registrars to purge disqualified electors.

The board of registrars of each county is hereby directed to purge the names of those qualified electors where there is reasonable evidence that these electors are deceased or have otherwise become disqualified from voting in the county.

(Acts 1984, No. 84-389, p. 896, §1.)Section 17-4-181 Section 17-4-181Board of registrars to meet in August to purge lists.

The board of registrars shall meet during the month of August for the purpose of purging the registration lists and the names of all persons who have failed to reidentify themselves in the manner herein prescribed.

(Acts 1984, No. 84-389, p. 896, §2.)Section 17-4-182 Section 17-4-182Electors to reidentify themselves; notice of reidentification; when eligible by mail.

Each voter whose name appears on the list of electors to be removed shall reidentify himself by appearing in person before a registrar or deputy registrar, or by appearing before the judge of probate, or either of the clerks in the office of the judge of probate, or through his or her representative before the board of registrars in regular session except that the following persons shall be entitled to reidentify by mail if they possess the qualifications of an elector and are not disqualified from voting under the Constitution and laws of Alabama: members of the armed forces of the United States, persons employed outside the United States, persons absent because of attendance at an institution of higher learning, and the spouses and children of such persons. The board of registrars shall notify such persons who are eligible for reidentification by mail as to how they can reidentify themselves. Electors eligible to reidentify by mail shall have their eligibility verified before a commissioned officer of the armed forces of the United States, or any person authorized to administer oaths and take affidavits, or before two witnesses who are 18 years old or older.

(Acts 1984, No. 84-389, p. 896, §3.)Section 17-4-183 Section 17-4-183Publication of names to be struck from list.

The names of persons to be struck from the list of registered voters shall be listed by precinct and in alphabetical order and published in a newspaper of general circulation in the county once each in two consecutive weeks prior to August each year.

(Acts 1984, No. 84-389, p. 896, §4.)Section 17-4-184 Section 17-4-184Only electors disqualified or not reidentified to be removed.

The board shall not remove the name of any elector, known by any member of said board, or made known to the said board by another qualified elector, or duly representative of the elector whose name is to be stricken, to be a legal resident of the county not known to be suffering from any disqualification. In purging the list of qualified electors, the board of registrars shall remove only the names of those persons who have not reidentified in the manner prescribed herein.

(Acts 1984, No. 84-389, p. 896, §5.)Section 17-4-185 Section 17-4-185Records to show reason for striking elector from list; removal for failure to reidentify not permanent disqualification.

When the name of any elector is struck from the registration list, the records maintained by the board of registrars must show the reason for striking the elector from the list. No such person whose name is removed from the list of qualified electors for failure to reidentify shall cease permanently to be a qualified elector nor be subject to reregistration, but shall be subject only to the requirement that he or she reidentify as prescribed herein.

(Acts 1984, No. 84-389, p. 896, §6.)Section 17-4-186 Section 17-4-186Procedure for having name restored to list of qualified electors; limitation of provisions.

Any qualified elector of the county who shall have his name omitted or removed from the list of qualified electors in the county for failure to appear and reidentify himself and who has not otherwise been reidentified as herein provided shall be entitled to have his name restored to the list of qualified electors by written affidavit or appearing in person before a registrar, or deputy registrar, or at the office of the board of registrars or at the office of the judge of probate, certifying that he or she is in fact a bonafide registered voter of that county; provided, however, that any qualified elector can be reidentified on election day; provided further, however, that this division shall not be construed or applied to impair or deny the right to vote in person or by absentee ballot of any person or of the spouse or child of any person who is in active duty of any of the armed forces of the United States of America and stationed, and as to the spouse or child, who is living with her or his husband or wife, mother or father, as the case may be, outside of the county, or who is living outside the county while attending a college or university or other institution of higher education or who is employed outside of the United States during the period of time from May 21, 1984; and provided further that the provisions of this division shall not restrict the board of registrars from purging the registration lists as provided in Section 17-4-132.

(Acts 1984, No. 84-389, p. 896, §7.)Section 17-4-187 Section 17-4-187Permanent list of qualified electors.

The Secretary of State shall maintain a permanent list of all qualified electors which shall include the electors' county, precinct, voting history, race, and other information required in Sections 17-4-210 and 17-4-214.

(Acts 1984, No. 84-389, p. 896, §8; Act 2003-313, p. 733, §2.)Section 17-4-188 Section 17-4-188Per diem for board members; appointments to fill board vacancies.

Each member of the board of registrars shall receive $50.00 per day, for each day's attendance upon the special sessions of the board required under the provisions of this division; but if such special session is held on the same day a regular session is required to be held under the laws of this state, registrars shall receive only one per diem allowed for performing their regular duties, it being the intent and purpose of this division that registrars shall be entitled to receive only one per diem allowance for one day's service. If one or more of the members of the board shall refuse, neglect, or be unable to serve, or if a vacancy or vacancies occur in the membership of the board from any cause, the Governor, State Auditor, and Commissioner of Agriculture and Industries, or a majority of them, shall forthwith make other appointments to fill such membership positions.

(Acts 1984, No. 84-389, p. 896, §9; Acts 1988, No. 88-659, p. 1056, §1.)Section 17-4-189 Section 17-4-189Appointment of deputy registrars; terms, duties, compensation, etc.

To assist in the reidentification required by this division, in the registration of electors and in the board's continuing performance of its lawful duties, each board of registrars shall appoint in accordance with Section 17-4-157, at least one or more deputy registrars in each precinct in the county for a four-year term or for the remainder of an unexpired term. A deputy registrar's term of appointment shall run concurrently with that of the board. Deputy registrars shall be free to accept applications to reidentify and register any elector at any time, up to 10 days prior to an election. Any person serving as a deputy registrar shall be trained by the board of registrars and shall not be entitled to compensation. County governing bodies may authorize the boards of registrars to appoint additional deputy registrars, not to exceed six (6), to help as may be needed in periods of heavy registration, not to exceed 10 registration days, resulting from the implementation of the National Voter Registration Act of 1993. County governing bodies are authorized to provide additional clerical help as needed. Each deputy registrar appointed for this purpose shall receive a salary in the amount of $40.00 per day and shall be paid by the state as provided for in Section 17-4-153. The board shall provide deputy registrars with all necessary forms to perform their duties, and when such forms are completed, deputy registrars shall return them to the office of the board of registrars as the board may require, but not later than five working days.

(Acts 1984, No. 84-389, p. 896, §10; Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §1.)Section 17-4-190 Section 17-4-190County commission to furnish board of registrars with supplies, equipment, etc.

The county commission of each county is hereby authorized, directed, and required to furnish the county board of registrars with the supplies, equipment, printed forms, stationery and newspaper advertisements necessary for the performance of their duties as herein provided.

(Acts 1984, No. 84-389, p. 896, §11.)Section 17-4-191 Section 17-4-191Penalties for making false statements to board, etc.

Any person who willfully makes a false statement to the board of registrars, or any duly authorized person, in reidentifying himself as a qualified elector in the manner provided herein shall be guilty of perjury, and upon conviction thereof shall be punished by a fine of up to $500.00 or up to one year in prison.

(Acts 1984, No. 84-389, p. 896, §12.)Section 17-4-200 Section 17-4-200County boards of registrars to use process; exceptions; publication of registered voters' names.

The county boards of registrars throughout the state shall use the voter file maintenance process prescribed in this division in lieu of any voter list purge procedures heretofore provided by law except where the purge procedures are necessary to remove from a list of registered voters the names of voters who are deceased, voters convicted of disqualifying crimes and voters adjudged as mentally incompetent by a court of competent jurisdiction. Publication of the names of registered voters pursuant to this chapter, may be by general circulation newspaper.

(Acts 1995, No. 95-769, p. 1816, §1.)Section 17-4-201 Section 17-4-201When maintenance activities to be conducted; notice to registered voters; updating voter list; suspense file; names removed from voter list.

(a) Beginning in January, 1996, and each year thereafter during the month of January, the county boards of registrars shall conduct voter list maintenance activities in lieu of the purge activities which were heretofore conducted in the month of August.

(b) Beginning in January, 1997, and in January of every fourth year thereafter, the boards of registrars shall mail a nonforwardable notice to all registered voters in the county. The notice shall be designed and provided for the boards of registrars by the Secretary of State. The notice shall be sent on a postcard providing general information on elections. The notice shall be mailed to the last known address of the voter appearing on the voter registration list. If the notice is returned to the boards of registrars indicating that the voter may have relocated, the board shall send a forwardable notice to the registered voter on which the voter may confirm his or her current address. The forwardable notice shall be mailed no later than 90 days after receipt of the returned nonforwardable notice. The boards of registrars shall record and maintain the dates on which the nonforwardable notice was returned to the board and the date on which the forwardable notice was mailed to the registered voter.

(c) The boards of registrars shall update the voter list for the county using the information reported to the board by the registered voters on the address confirmation cards provided for in subsection (b). If the registered voter does not respond to the forwardable notice on which the registered voter may confirm his or her address within 90 days on the date on which the notice was mailed or if the forwardable notice is returned to the board as undeliverable, the boards of registrars shall place the name of the registered voter on the inactive list of registered voters and in a suspense file in the office of the board. The suspense file shall contain all of the following information:

(1) The name of the registered voter.

(2) The last known address of the registered voter.

(3) The social security number or other personal identification number of the registered voter.

(4) The date on which the name of the registered voter was placed in the suspense file.

(d) The name of a registered voter who does not vote or appear to vote in one of the next two federal elections held after his or her name is placed in the suspense file shall be removed from the voter list.

(e) The names of persons to be removed from the list of registered voters shall be listed by precinct and in alphabetical order and published in a newspaper of general circulation in the county once a week for two consecutive weeks in November or December of each year commencing in November 1996.

(Acts 1995, No. 95-769, p. 1816, §2.)Section 17-4-202 Section 17-4-202State to reimburse county commissions certain costs associated with process.

The state shall reimburse each county commission for all the postage costs associated with voter lists maintenance activities provided for in this division and one-fourth of the cost of the publication of the names of persons to be removed from the list of registered voters as required in Section 17-4-201. The reimbursement shall be made from the Election Expenses Account in the State Treasury upon approval by the Secretary of State on warrants drawn by the State Comptroller.

(Acts 1995, No. 95-769, p. 1816, §3.)Section 17-4-203 Section 17-4-203Judge of probate to have access to current list of registered voters; no state entities to pay costs for access to list.

The judge of probate shall have access to and be provided with the current list of registered voters within his or her county at no cost within seven days after making the request. If computer access to the list of registered voters is available, upon request for access, the judge of probate shall be provided with immediate on-line availability to the list. No agency, department, or office of the State of Alabama shall pay any cost associated with printing or computer access to a list of registered voters available to a judge of probate under this section.

(Acts 1995, No. 95-769, p. 1816, §4.)Section 17-4-204 Section 17-4-204Construction with Division 1.

This division shall be cumulative and supplemental to Act 84-389 now appearing as Division 1 of this article. Except as provided in subsections (a) and (b) of Section 17-4-201, this division shall not amend, repeal, or supersede Act 84-389 now appearing as Division 1 of this article.

(Acts 1995, No. 95-769, p. 1816, §5.)Section 17-4-210 Section 17-4-210Computerized statewide voter registration list; State Voter Registration Advisory Board.

(a) The State of Alabama shall provide, through the Secretary of State, a nondiscriminatory, single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered by the Secretary of State, with advice from the Voter Registration Advisory Board and the President of the Alabama Probate Judges Association, which contains the name and registration information of every legally registered voter in the state. The computerized list shall comply with the following requirements:

(1) It shall serve as the single system for storing and managing the official list of registered voters throughout the state.

(2) It shall contain the name, address, and voting location, as well as other information deemed necessary by the Voter Registration Advisory Board or the Secretary of State, of every legally registered voter in the state.

(3) A unique identifier shall be assigned to each legally registered voter in the state.

(4) It shall contain the voting history of each registered voter.

(5) It shall be coordinated with the driver's license database of the Department of Public Safety and the appropriate state agency to assist in the removal of deceased voters.

(6) Any election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized list.

(7) All voter registration information obtained by any registrar in the state shall be electronically entered into the computerized list on an expedited basis at the time information is provided to the registrar.

(8) The Secretary of State shall provide such support as may be required so that registrars are able to enter voter registration information.

(9) It shall serve as the official voter registration list for the conduct of all elections.

(10) The Secretary of State shall furnish one copy of the computerized list free of charge to each political party that has satisfied the ballot access requirements for a statewide election within two weeks of the date of a written request for the list by the chair of the political party.

(11) The list shall be maintained so that it is technologically secure.

(b) As an oversight board for the system, there is created and established a State Voter Registration Advisory Board composed of nine members, to be appointed as follows:

Three members by the Governor. One of which shall reflect the racial, ethnic, gender, and age diversity of the state.

Three members by the Commissioner of Agriculture and Industries. One of which shall reflect the racial, ethnic, gender, and age diversity of the state.

Three members by the State Auditor. One of which shall reflect the racial, ethnic, gender, and age diversity of the state.

Such appointments shall be made no later than September 30, 2003. Persons appointed to the Voter Registration Advisory Board shall serve at the pleasure of the appointing authority and shall have knowledge of the workings of voter registration and election laws and shall receive no compensation for their services other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. The expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for state departments and agencies. The appointees shall meet within 30 days after their appointments to select one of their number as chairperson who shall serve for two years. Thereafter, the Voter Registration Advisory Board shall elect a new chairperson every four years. The Voter Registration Advisory Board shall meet regularly at least once during each quarter and at such special meetings as may be called, from time to time, by the chairperson.

(c) The Voter Registration Advisory Board shall have the following duties:

(1) To oversee the statewide voter registration list created in this chapter.

(2) To advise and consult with the Secretary of State concerning the statewide voter registration file maintenance system created in this chapter.

(3) To recommend to the Legislature and the Governor any needed improvements or legislation in regard to the statewide voter registration file.

(4) To make studies of conditions and problems pertaining to voter identification and registration in the state.

(5) To keep abreast of the latest developments in the field of voter identification and registration.

(6) To promote honesty, fairness, and integrity in lists of qualified voters, the voter registration process, and the election process in the State of Alabama.

(Acts 1989, No. 89-649, p. 1279, §1; Act 2003-313, p. 733, §2.)Section 17-4-211 Section 17-4-211Supervisor of Voter Registration.

The Director of Voter Registration employed immediately preceding the enactment creating this sentence shall serve as the initial Supervisor of Voter Registration and shall be employed, along with his or her successors, by the Secretary of State under the terms and conditions of the state Merit System and whose salary and benefits shall be set by the Secretary of State out of funds appropriated for such purpose. The Supervisor of Voter Registration shall work at the direction of the Secretary of State. In addition to those duties assigned by the Secretary of State, the Supervisor of Voter Registration shall have the following duties:

(1) To keep the minutes of the meetings of the Voter Registration Advisory Board, conduct the day-to-day business activities of the Voter Registration Advisory Board and give progress reports on such activities at its meetings.

(2) To serve as a liaison between the Secretary of State and the county boards of registrars on implementation of existing and future laws pertaining to voter registration.

(3) To provide to the county boards of registrars such information as would allow them to determine which names should be stricken by them from voter lists in accordance with state law.

(4) To provide assistance to the county boards of registrars in determining the names of any person or persons who are deceased, who are no longer qualified to vote in the election district where registered due to removal of his or her residence from the county in which he or she is registered, or from the State of Alabama, who has been convicted of a disqualifying crime, or who is otherwise no longer qualified to vote as may be provided by law.

(5) To establish and maintain a statewide voter registration list including all registered voters of the state as such information is reported to the Supervisor of Voter Registration by the boards of registrars or judges of probate of the various counties.

(6) To maintain all information furnished to the Supervisor of Voter Registration relating to the inclusion or deletion of names from the lists of registered voters.

(7) To acquire by purchase, lease, or contract, the use of such equipment as is required to establish a fully centralized statewide voter registration list which will allow the computerization of all of the offices of the boards of registrars throughout the state upon legislative approval of funds for such computerization, the communication of necessary information between the boards of registrars and the Supervisor of Voter Registration; storage and instant comparison of names and other identifying information contained in voter lists, automatically identifying duplicate entries, produce in printed forms selected names or lists of names with identifying information, and do such other tasks as may be designated for it by the Supervisor of Voter Registration.

(8) To recommend procedures and administrative rules to the Secretary of State and prepare forms necessary to properly carry out such duties set forth herein.

(9) To secure from each county voter registration information and from any state department, agency, board, bureau, or commission, or from any other sources, information regarding the death, conviction of disqualifying crime, or removal of residence from the county or state of any registered voter.

(10) To furnish, at a reasonable reproduction cost and within 14 days of receipt of the request, voter registration lists limited to the names, addresses, and political subdivisions or voting places to candidates for election or political party nomination to further their candidacy, political party committees or officials thereof for political purposes only, incumbent officeholders to report to their constituents; nonprofit organizations which promote voter participation and registration for that purpose only; and for no other purpose and to no one else; failure to furnish the requested voter registration list within 14 days of receipt of request shall result in no charge to the requesting entity and the cost shall be absorbed by the Secretary of State.

(11) To perform such duties pertaining to voter registration as may be assigned by the Secretary of State.

(12) To supervise persons employed by the Secretary of State, subject to the state Merit System laws and entitled to the rights of benefits thereunder, as may be necessary to carry out this article.

(13) To train, counsel, advise, and evaluate registrars in the performance of their lawful functions.

(14) To provide military and overseas voters with voter registration applications and absentee ballot applications and otherwise assist such voters with information helpful in becoming registered, changing registration, and obtaining absentee ballots.

(15) To provide information relating to procedures for registering and voting an absentee ballot.

(Acts 1989, No. 89-649, p. 1279, §2; Act 2003-313, p. 733, §2.)Section 17-4-212 Section 17-4-212Information to be provided by state departments or agencies.

To continuously and automatically identify the names of persons to be purged from the voters' list, the appropriate state departments or agencies shall provide to the Secretary of State, as such information is recorded by the departments, the names and identifying information set out below of any person age 18 or older who:

(1) Have died, with date of birth and Social Security number (if such number is known), last known address with county of residence, and date of death, as provided by the Bureau of Vital Statistics of the State Health Department; and

(2) Have been convicted of a felony with date of birth and Social Security number (if such number is known), last known address with county of residence, and date of conviction, as provided by the Alabama Criminal Justice Information Systems.

(Acts 1989, No. 89-649, p. 1279, §3; Act 2003-313, p. 733, §2.)Section 17-4-213 Section 17-4-213Inactive voter list; voter reidentification.

Any voter who fails to vote for four years in his or her county shall have his or her name automatically struck from the voter registration list and placed on an inactive voter list by the local board of registrars. Once on the inactive list, the voter shall reidentify with the local board of registrars in order to again have his or her name placed on the active voter registration list. Notwithstanding the foregoing, if a voter on the inactive list goes to his or her polling place to vote on an election day and identifies himself or herself to the election official responsible for the voter registration list, such voter shall be permitted to vote provided the voter completes a voter reidentification form.

(Acts 1989, No. 89-649, p. 1279, §4; Act 2003-313, p. 733, §2.)Section 17-4-214 Section 17-4-214Duties of boards of registrars; voter registration identification number.

(a) In order to establish the statewide voter file and to ensure its continued accuracy, it shall be the duty of the boards of registrars, on forms or in a rule prescribed by the Secretary of State:

(1) To provide the Secretary of State the name, driver's license number or non-driver's identification number, if such number is known, the last four digits of the Social Security number, if such number is known, date of birth, address, race, sex, and political subdivision or voting place of each registered voter in their respective counties within one month after a written request from the Secretary of State;

(2) To provide the Secretary of State the name, driver's license number or non-driver's identification number, if such number is known, the last four digits of the Social Security number, if such number is known, date of birth, address, race, sex, political subdivision or voting place, place of previous registration, if applicable, and date of registration of each newly registered voter as such voter is registered;

(3) To provide to the Secretary of State the name, driver's license number or non-driver's identification number, if such number is known, the last four digits of the Social Security number, if such number is known, date of birth, address, race, sex, political subdivision or voting place, and date of reidentification of every voter who reidentifies, pursuant to Article 7 of this chapter.

(b) Where an applicant for voter registration is unable to produce either a driver's license number, a non-driver's identification number, or the last four digits of the Social Security number, the state voter registration list shall assign a unique number which shall serve as the registrant's voter registration identification number.

(Acts 1989, No. 89-649, p. 1279, §5; Act 2003-313, p. 733, §2.)Section 17-4-215 Section 17-4-215Applicability of Article 7 to registration, reidentification and purging of voters.

All voter registration, voter reidentification, and the purging of voters from the voter roll shall be done pursuant to Article 7 of this chapter.

(Acts 1989, No. 89-649, p. 1279, §6.)Section 17-4-230 Section 17-4-230Definitions.

For purposes of this article, unless the context plainly indicates otherwise, the following terms shall have the meanings respectively ascribed to them by this section:

(1) CLERK'S POLL LIST. The list of voters that is written by a clerk at the polling place pursuant to Section 11-46-39 or 17-8-34.

(2) LIST OF REGISTERED VOTERS. The list of registered voters, sometimes called the list of qualified voters, that is provided for each polling place by the city clerk in municipal elections and by the judge of probate in all other elections.

(3) STATEMENT OF CANVAS or CERTIFICATE OF RESULT. The vote totals recorded at the polling places on forms provided for that purpose in accordance with Sections 17-13-6, 17-9-33, 17-16-32, 11-46-116, and 11-46-123.

(4) VOTERS' POLL LIST. The numbered list that is signed by the voter at the polling place.

(5) VOTER REIDENTIFICATION FORM. A form that is prescribed by rule by the Secretary of State for use at the polling place pursuant to Section 17-4-186.

(Acts 1990, No. 90-557, p. 947, §1; Act 2003-313, p. 733, §2.)Section 17-4-231 Section 17-4-231Disposition of records and forms after close of polls.

After the close of the polls in all primary, special, general, and municipal elections held in the state, the records and forms produced at the polling places shall be returned as follows:

(1) The list of registered voters, the affirmations of provisional voters, the statements of election officials challenging provisional voters, and the voter reidentification forms shall be sealed in an envelope addressed to the board of registrars and the inspectors and any poll watchers present shall sign across the seal. The board of registrars shall hold the list of registered voters as a public record while using it to update their voter histories in accordance with Article 8 of this chapter. The list shall then be returned to the city clerk in municipal elections and the judge of probate in all other elections.

(2) The voters' poll list, the clerk's poll list and all records required by law to be sealed in a voting machine or sealed in a ballot box shall be sealed in an envelope labeled 'RECORDS OF ELECTION' and the inspectors and any poll watchers present shall sign across the seal. The 'records of election' envelope shall be sealed in the ballot box or voting machine and remain there during the period of time for the initiation of an election contest or recount as provided by law. The 'records of election' envelope shall be removed and returned to the city clerk in municipal elections and the sheriff in all other elections to be retained in accordance with state and federal law.

(Acts 1990, No. 90-557, p. 947, §2; Act 2003-313, p. 733, §2.)Section 17-4-250 Section 17-4-250Implementation of federal acts.

(a) The Secretary of State shall be the primary state official for federal contact for the implementation of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.

(b) The State Department of Public Safety shall integrate voter registration into driver's license application and renewal or updating procedures and shall coordinate its driver's license database with the state voter registration list and the Social Security Administration's database in accordance with the Help America Vote Act of 2002.

(c) The state through the Secretary of State's Office shall allow citizens to register to vote by mail. The voter registration application may be designed by the Secretary of State provided it meets the requirements of the National Voter Registration Act of 1993. The Secretary of State may, however, choose to use federally prescribed forms.

(d) State agencies which provide food stamps, Medicaid, services related to Women and Infant Children program (WIC), services related to Aid to Families with Dependent Children (AFDC), and agencies providing services to the disabled shall provide voter registration opportunities to their clientele in accordance with the National Voter Registration Act of 1993.

(e) Recruitment offices of the armed forces of the United States shall provide voter registration opportunities to their clientele in accordance with the National Voter Registration Act of 1993.

(f) Other public offices and agencies which may provide the voter registration services provided by the National Voter Registration Act of 1993 include public libraries, public schools, offices of municipal clerks, probate offices, state and local revenue offices, unemployment compensation offices, offices providing services to the disabled other than those required in subsection (d) to provide voter registration services, and federal and nongovernmental offices which agree to provide the voter registration services.

(g) Voter registration, confirmation documents, and any other documents necessary to be prescribed by the Secretary of State to meet the requirements of the National Voter Registration Act of 1993 shall be prepared and furnished as provided for in Sections 17-4-126 and 17-4-137.

(h) The Secretary of State, by rule, may prescribe forms in furtherance of state election laws deemed helpful to disabled voters and voters speaking an alternative language to English who, according to the most recent decennial census, comprise more than five percent of the voting age population for any county in Alabama.

(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §2; Act 2003-313, p. 733, §2.)Section 17-4-251 Section 17-4-251Additional personnel.

The Secretary of State may hire a computer programmer and other necessary personnel to carry out the additional responsibilities placed on his or her office by state implementation of the National Voter Registration Act of 1993. The programmer and other personnel employed shall be under the State Merit System.

(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §3.)Section 17-4-252 Section 17-4-252Dissemination of information on voter registration.

The Secretary of State shall ensure that all applicants obtain requested voter lists in a timely manner. Methods shall be established for the transmission of tapes, discs, or lists to any applicant. Hindrances shall not be created or devised to delay transmission of tapes, discs, or lists to any applicant. Except as provided in this section, there shall be a uniform charge for the production of voter lists. The reproduction costs of the basic electronic copy of the statewide file shall be reasonable as determined by the Secretary of State and a fee schedule shall be conspicuously posted in the Office of the Secretary of State. Costs of printed copies of lists are as otherwise provided by law. Access to the lists and voter history information contained on the central computer in the Office of the Secretary of State is accessible to anyone making application, except Social Security numbers which are not to be released. Proceeds from the sale of tapes, discs, lists, labels, or other materials from the Secretary of State shall be retained by the Secretary of State for use in voter registration. Upon application and without charge, legislators shall be furnished up to two free printed copies of the voter lists for their districts during a legislative quadrennium and resale of the lists shall be strictly prohibited.

(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §5; Act 2003-313, p. 733, §2.)Section 17-4-253 Section 17-4-253Maintenance of state voter registration list.

It shall be the responsibility of the board of registrars to enter in a timely manner the names of the electors who vote in each election into the state voter registration list.

(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §6; Act 2003-313, p. 733, §2.)Section 17-4-254 Section 17-4-254Voter Registration Fund.

There is established a separate trust fund in the State Treasury to be known as the Voter Registration Fund. All receipts collected under this article by the Secretary of State are to be deposited in this fund. The receipts shall be disbursed only by warrant of the State Comptroller drawn upon the State Treasury supported by itemized vouchers approved by the Secretary of State. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, Act 2003-313, or other appropriations acts.

(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §7; Act 2003-313, p. 733, §2.)Section 17-4-255 Section 17-4-255Rules. forms, and instructions; inter-agency agreements.

The Secretary of State shall promulgate rules and prescribe forms and instructions as shall be necessary to implement the National Voter Registration Act of 1993 in Alabama or the Help America Vote Act of 2002, including any rules and forms necessary for the administration of the acts by state departments and agencies. The Secretary of State is further authorized to enter into inter-agency agreements with other government agencies for the implementation of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.

(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §8; Act 2003-313, p. 733, §2.)Section 17-4-256 Section 17-4-256Penalties.

Violation of this article shall be a Class C misdemeanor punishable as provided by law.

(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §10.)
 
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