The judge of probate, sheriff and clerk of the circuit court, or a majority of them, acting as an appointing board, must, not more than 20 nor less than 15 days before the holding of any election in their county, appoint from the qualified electors of the respective voting places, excluding members of a candidate's immediate family to the second degree of kinship by affinity or consanguinity or any member of a candidate's political committee as prescribed by Section 17-22A-4, three inspectors and two clerks for each place of voting, and returning officer for each precinct, to act at the place of holding elections in each precinct.

The sheriff shall notify such inspectors and returning officers and clerks of their appointment and publish a list of them in some newspaper published in the county.

When the judge of probate, sheriff or clerk of the circuit court is a candidate for election to any office at that election, he shall not serve on the appointing board. The judge of probate shall certify to the clerk or register of the circuit court the fact of the candidacy of any member of the appointing board immediately after the certificate of nomination, or petition, as provided in Section 17-7-1, is filed with him.

Any probate judge who shall fail to certify to the clerk or register of the circuit court the fact of the candidacy of himself, the clerk of the circuit court or the sheriff, thus rendering them ineligible to serve as members of the appointing board of election managers, in the manner and time he is required to so certify such fact under the election laws of this state, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $50.00 nor more than $100.00.

Any probate judge, sheriff or circuit clerk who shall act as a member of the appointing board of election managers while he is a candidate for public office, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $50.00 nor more than $100.00.

Upon receiving the certificate provided for in Section 17-6-3, the clerk or register of the circuit court shall forthwith and without delay appoint a qualified elector to take the place of each member of the appointing board who is a candidate for election, and shall cause the elector so appointed to be informed of his appointment; but no person shall be appointed who is a candidate for any office to be voted for in that election.

Any person serving as a member of the appointing board shall receive $4.00 for such service.

The person so appointed shall perform all the duties and be vested with all the powers of the regular members of the appointing board, and shall take an oath to faithfully perform his duties.

When the clerk or register of the circuit court is disqualified from any cause to perform the duties herein prescribed, the judge of probate shall certify the fact of the candidacy of the judge of probate, sheriff or circuit clerk to the governor, who shall forthwith appoint a qualified elector to act in the place of each of said officers who is a candidate for election, who shall take an oath to faithfully discharge his duties.

Each political party or organization having made nominations may, by the chairman of its state or county executive committee or nominees for office, furnish the appointing board a list of not less than three names of qualified electors from each voting place, and from each of said lists an inspector and clerk shall be appointed for each voting place; provided, that where there are more than two lists filed, the appointments shall be made from the lists presented by the two political parties having received the highest number of votes in the state in the next preceding regular election, if each of said parties present a list.

On the failure of any inspector or returning officer to attend at the hour of 8:00 A.M., such inspector and returning officers as may be present may complete the number. If none of the inspectors appointed are present, the returning officer of a precinct shall appoint three inspectors to act, who, in every instance, shall be qualified electors who are entitled to vote at the polling place and who shall appoint from the qualified electors at such polling place such clerks as may be necessary to fill places of those failing to attend; and, if there should be no inspector or returning officer present at the polling place by the hour of 8:00 A.M., then any three qualified electors who are entitled by law to vote at that polling place at the election then to be held may open the polls and act as inspectors during the election and appoint clerks to fill the places of those absent in the manner hereinabove provided.

Any manager or clerk appointed such by the appointing board who shall fail to attend an election without a lawful excuse shall, on conviction, be fined not more than $100.00.

Each political party or organization having candidates nominated may, by the chairman of the county executive committee or nominees for office or beat committeeman, name a watcher who shall be permitted to be present at the place where the ballots are cast from the time the polls are opened until the ballots are counted and certificates of the result of the election signed by the inspectors. The watcher shall be permitted to see the ballots as they are called during the count. The watcher shall be sworn to faithfully observe the rule of law prescribed for the conduct of elections. The watcher shall be a resident and qualified elector of the State of Alabama. The function of the watcher is to observe activities at the polling place. The watcher may not disturb voters, attempt to influence voters, campaign, or display or wear any campaign material or buttons while inside any polling place.

If no lists are furnished as provided in Section 17-6-6, the appointing board shall appoint inspectors, two of whom shall be members of opposing political parties, if practicable, and shall appoint clerks from opposing political parties, if practicable.

Before entering upon their duties, inspectors and clerks must take an oath to perform their duties at the election according to law, and such oath may be administered by any person authorized by law to administer oaths or by any one of the inspectors.

The sheriff of each county or the person discharging the duties of such office is the returning officer for his county.

If the returning officer is not present at the hour appointed, the inspectors or those acting as such must appoint from the qualified electors one to serve during the election.

If any inspector, clerk or other officer on whom any duty is imposed by the election laws wilfully neglects to perform such duty, or is guilty of any corrupt conduct in the execution of the same, and no other punishment is provided for such neglect, or conduct, he must, on conviction, be fined not less than $100.00 nor more than $1,000.00; but no person shall be deemed an inspector, clerk or officer, within the meaning of this section, until he first shall have taken an oath well and truly to discharge the duties of such office, to the best of his ability, or until he shall have performed some of the duties pertaining to such office. The failure or refusal of any person to accept office, or his failure or refusal to discharge and perform the duties of such office at any time after his appointment thereto, and prior to his taking the oath of such office, and before he shall have discharged and performed any of the duties thereof, shall not, in either event, be deemed a violation of this section.

(a) The returning officer, the inspectors, and clerks shall each be entitled to $50. The several claims shall be paid as preferred claims, out of moneys in the county treasury not appropriated, on proper proof of service rendered. In all counties in which the compensation of election officials is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the election officials shall not be increased or decreased. Those counties in which compensation of election officials is set at an amount in excess of $5 per day, but less than $50 per day, the provision of the local law or general law of local application relative thereto is superseded and the compensation prescribed shall be the total compensation of election officials in the counties.

(b) In addition to the compensation provided in subsection (a), each returning officer, inspector, and clerk shall be entitled to compensation paid by the state to ensure that the total compensation paid to each election official shall be in an amount of at least seventy dollars ($70) per day. The increase provided for in this subsection shall not increase or decrease any salary supplement paid under a local law which is in effect on October 1, 2000. The provisions of this subsection shall only apply to those statewide elections for which county expenses are reimbursed by the state as defined in Chapter 21 of this title and the on-site balloting days associated therewith. The provisions of this subsection shall not apply to: (1) Special county or other elections held at any time other than at the time of holding statewide elections; or (2) on-site balloting days associated with such special county or other elections, including municipal elections.

No officer or employee of any city or town shall act in the capacity of election officer, returning officer, marker or watcher, or as a deputy sheriff in conducting any town or city election; and any person violating any provision of this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $50.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.

Any inspector, clerk, watcher or returning officer who drinks any intoxicating liquors while any election is being held, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $50.00.

(a) All laws to the contrary notwithstanding, any inspector, clerk, or returning officer appointed pursuant to Sections 17-6-1 and 17-6-9 shall be excused from his or her employment without penalty of loss of time for election day only in order to perform the duties of the position to which he or she has been appointed. Proper documentation of the appointment and the dates of the required service shall be furnished to the employer by the appointee at least seven days before the expected absence from his or her employment.

(b) This section shall not apply to any employee working for an employer with 25 or fewer employees or require an employer to compensate an employee while performing the duties as prescribed in subsection (a).