In all elections held in this state on any subject which may be submitted by law to the vote of the people and for all or any state, county, district or municipal officers, the voting shall be by official ballot printed and distributed as provided in this chapter, except when the form of the ballot is otherwise prescribed by law, or when the use of voting machines is authorized, and no ballot shall be received or counted in any election except it be provided as prescribed by law; but this section shall not apply to elections held for trustees of public schools or other local elections which are otherwise specifically provided for.

The ballots printed in accordance with the provisions of this chapter shall contain the names of all candidates nominated by caucus, convention, mass meeting, primary election or other assembly of any political party or faction, or by petition of electors and certified as provided in Section 17-7-1, but the name of no person shall be printed upon the ballots who, not less than 20 days before the election, notifies the judge of probate in writing, acknowledged before an officer authorized by law to take acknowledgments, that he will not accept the nomination specified in the certificate of nomination or petition of electors. The name of each candidate shall appear but one time on said ballot and under only one emblem.

(a) No political party, except those qualified as a political party under Chapter 16, shall be included on any general election ballot unless:

(1) The party shall have filed with the Secretary of State or other appropriate official on the date of the first primary election a list of the signatures of at least three percent of the qualified electors who cast ballots for the office of Governor in the last general election for the state, county, city, district, or other political subdivision in which the political party seeks to qualify candidates for office; and unless

(2) The party shall have fulfilled all other applicable requirements of federal, state or local laws.

(b) The provisions of this section are supplemental to the provisions of Chapter 16, and other laws regarding the conduct of elections in Alabama, and shall repeal only those laws or parts of laws in direct conflict herewith.

There shall be provided at each polling place at each election at which public officers are voted for, but one form of ballot for all the candidates for public office, and every ballot shall contain the names of all candidates whose nominations for any office specified on the ballot have been duly made and not withdrawn, as provided in this chapter, together with the title of the office, arranged in tickets under the titles of the respective political parties or independent bodies as certified in the certificates of nomination. When electors for the President and Vice-President of the United States are to be elected, the names of the candidates for President and Vice-President shall be listed on the ballot, but not the names of the electors.

All ballots shall be printed in black ink on clear book paper, and every such ballot printed in accordance with the provisions of this chapter shall contain a party device for each political party represented on the ticket. The arrangement of the ballot shall in general conform substantially to the plan hereinafter given, and in all cases the party columns must be placed in alphabetical order, beginning on the left of the ballot. The list of candidates of the several parties shall be printed in parallel and perpendicular columns, each column to be headed by the chosen device of such party and the party name or other designation in such order as the Secretary of State may direct. The number of columns shall exceed by one the number of separate tickets of candidates to be voted for at the polling place for which the ballot is provided, and in the appropriate place the words vote for one (or two or other number, as the case may be) to indicate the number which may be elected to each office. On the right of each ballot shall be a column in which shall be printed only the titles of the office for which candidates may be voted for by the electors at the polling places for which the ballot is printed. Said column is designated as 'blank column,' and in such column the voting spaces shall be omitted, but in all other respects such blank column shall be a duplicate of the political party columns upon such ballot.

The elector may write in the column under the title of the office the name of any person whose name is not printed upon the ballot for whom he may desire to vote. In case of nomination by independent bodies, the ballot shall be so arranged that at the right of the last column for party nomination the several tickets of the names of the independent candidates shall be printed in one or more columns according to the space required, having above each of the tickets the political or other names selected to designate such independent nominations. The ballot herein provided shall be substantially in the following form:

Each political party shall, by its state party convention or state executive committee, adopt, prepare and file with the Secretary of State, at least 60 days before each election for state officers, by engraving or otherwise, at least 150 copies of an emblem to be printed at the top of the column of such ballot assigned to such party, as a distinctive and characteristic heading thereof; and such emblem shall not be more than one inch and a half square. No party shall adopt an emblem similar in appearance to an emblem already adopted by another political party or organization, and the Secretary of State shall, upon the presentation or offer to him of any emblem which in his opinion is so like any other emblem already filed as to be likely to mislead any voter, forthwith notify the committee or any officer thereof or any person sending or offering such emblem of such similarity or resemblance and shall require such party, organization or committee to adopt, prepare and file another emblem. The emblem, once adopted, prepared and filed as aforesaid, shall continue the emblem of the party adopting the same until it is changed by the same or like authority as prepared, adopted and filed the original emblem, and the changed emblem, as prepared and adopted, if filed and accepted by the Secretary of State as in case of the original emblem.

The Secretary of State shall, immediately after an emblem has been filed in his office, certify to each judge of probate in the state the fact of the adoption of said emblem by the political party filing the same, with a proof copy thereof.

The coat of arms or seal of any state or the United States, or the national flag, or the likeness of any person, living or dead, or religious emblem or symbol of any secret or fraternal organization or society, or the symbol of any industrial organization or a representation of a coin or the currency of the United States shall not be used as an emblem.

When there is a division of any political party and each faction claims the party emblem, the judge of probate shall at once certify the fact to the chairman of the state executive committee of that party, who shall within 10 days notify the judge of probate which ticket is entitled to the party emblem, and the judge of probate shall be governed by the decision of said chairman, whereupon the other factions may file with the judge of probate an emblem to be used in that election only.

Whenever nominations for two or more offices of the same classification are to be made, or whenever candidates are to be elected to two or more offices of the same classification at the same primary, general, special or municipal election, each office shall be separately designated by number on the official ballot as 'Place No. 1,' 'Place No. 2,' 'Place No. 3' and so forth; and the candidates for each place shall be separately nominated or elected, as the case may be. In the case of primary elections, the designations required herein shall be made by the state executive committee of the political party holding the election. Each candidate for nomination for such office shall designate in the announcement of his candidacy and in his request to have his name placed on the official primary ballot the number of the place for which he desires to become a candidate. The name of each qualified candidate shall be printed on the official ballot used at any such election beneath the title of the office and the number of the place for which he is seeking nomination or election. No person shall be a candidate for more than one such place; provided, that this provision shall not apply to counties having a population of 500,000 or more according to the last or any subsequent federal census, except as to judicial officers and members of Congress.

Every voter in Alabama shall have the right to vote a secret ballot, and that ballot shall be kept secret and inviolate.

Any inspector, clerk or other person who discloses how any elector voted shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than $100.00 nor more than $500.00, and may be also sentenced to hard labor for the county for not more than six months.

Each ballot shall be numbered by one of the inspectors to correspond to the number of the voter voting the same on the poll list. A voter may write his name on the ballot. The number corresponding with the voter's name on the poll list must be plainly entered in the square on the bottom of the ballot 52 the voter.

The judge of probate, sheriff and clerk of the circuit court of each county in this state shall provide one ballot box and, where it is deemed necessary, shall provide more than one.

If the elector desires to vote a straight ticket, that is, for each and every candidate for one party for whatever office nominated, he shall mark a cross mark (x) in the circle under the name of the party at the head of the ticket.

When only one candidate is to be elected to any office and the elector desires to vote for a candidate not on his party ticket, he may make a cross mark (x) before the name of the candidate for whom he desires to vote on the other ticket.

When two or more candidates are to be elected to the same office and he desires to vote for candidates on different tickets for such office, he may make a cross mark (x) before the names of the candidates for whom he desires to vote on the other ticket and must also erase an equal number of names of candidates on his party ticket for the same office for whom he does not desire to vote.

If the elector desires to vote a split ticket, that is, for candidates of different parties, he may make a cross mark (x) in the voting space before the name of each candidate for whom he desires to vote on whatever ticket he may be.

If the ticket marked in the circle for a straight ticket does not contain the names of candidates for all offices for which the elector may vote, he may vote for candidates for such offices so omitted by making a cross mark (x) before the names of candidates for such offices on other tickets, or by writing the names, if they are not printed, upon the ballot in the blank column under the title of the office.

If the elector desires to vote for any person whose name does not appear upon the ballot, he can so vote by writing the name in the proper place on the blank column.

The elector can vote blank for any office on his party ticket by making a cross mark (x) in the circle at the top of the ticket and striking out with pencil or pen the name or names of candidates he does not desire to vote for on the ticket.

Whenever a constitutional amendment is submitted to a vote of the qualified electors the substance or subject matter of each proposed amendment shall be so printed that the nature thereof shall be clearly indicated. Following each proposed amendment or other public measure on the ballot shall be printed the word 'Yes' and immediately under that shall be printed the word 'No.' The choice of the electors shall be indicated by a cross mark made by him or under his direction opposite the words expressing his desire.

The printing and delivery of the ballots and cards of instructions to voters shall in municipal elections be paid for by the several cities and towns and in all other elections by the several counties respectively.

All ballots for use in each precinct shall be fastened together in convenient numbers in books or blocks in such manner that each ballot may be detached and removed separately. Each ballot shall have attached to it a stub of sufficient size to enable one of the inspectors to write or stamp his name or initials thereon and so attached to the ballot that when the same is folded the stub can be detached therefrom without injury to the ballot or exposing the contents thereof.

There shall be provided for each voting place at least 50 ballots for each 50 registered electors at that place.

In case of any municipal election held at a time different from a general state or federal election, the duties herein prescribed for the judge of probate in respect to receiving nominations, printing and distributing ballots and cards of instructions shall be discharged under the same sanctions by the mayor or other chief executive officer of the city or town.

Each elector, upon entering the polling place, shall be given one ballot by the inspectors. Before delivering the ballot to the elector, at least one of the inspectors shall write or shall have already written his name or the initials of his name on the stub attached to the ballot.

Any elector applying to vote who shall state to any of the inspectors that by reason of his inability to write the English language or by reason of blindness or the loss of the use of his hand or hands he is unable to prepare his ballot may have the assistance of any person he may select. In such case said elector must remain within the polling place and the inspector shall send for the person selected; if the person cannot be found, then such elector may select any other person. An elector who prepares his ballot alone or with the assistance of another shall be permitted to prepare it at any point in the polling place. Any person called in to assist an elector in preparing his ballot shall retire when the elector retires.

No more than 10 electors shall be allowed in the polling place at the same time. No elector shall remain more than five minutes in, nor shall he be permitted to take his ballot from the polling place.

In cities or towns of more than 3,000 inhabitants, each elector on receiving the ballot shall forthwith and without leaving the polling place retire alone to one of the booths or compartments provided for that purpose, and there prepare his ballot in the manner herein provided. Any elector applying to vote in such city or town who shall state under oath to any of the inspectors, which said oath may be administered by any one of the inspectors, that by reason of his inability to write the English language or by reason of blindness or the loss of the use of his hand or hands he is unable to prepare his ballot may have the assistance of any person he may select. In such case, said elector must remain within the polling place, and the inspector shall send for the person selected. If the person cannot be found, then such elector may select any other person, and, thereupon, said elector and the person so selected shall retire to a booth or compartment, and there the person so selected shall render said elector all such assistance in the preparation of said ballot as he may require, so that the same may be voted for the candidate of his choice, in the manner herein provided. In all other respects, said elector shall vote as is required of other electors.

No candidate for election shall act as assistant to any elector in the preparation of his ballot. When all the booths or compartments are occupied and other electors are waiting to vote, no elector shall occupy a booth or compartment for a longer time than five minutes. No elector shall be allowed to occupy a booth or compartment already occupied by another, nor speak or converse with anyone except as herein provided while in the polling place. After having voted or declined or failed to vote within five minutes, the elector shall immediately withdraw from the polling place and go beyond the prohibited distance and shall not enter the polling place again.

Any inspector, marker, helper or assistant who wilfully deceives any elector in preparing his ballot, must, on conviction, be imprisoned in the penitentiary not less than one nor more than five years.

Any inspector of election who wilfully fails or refuses to advise any elector, entitled thereto, that he is entitled to an assistant, or refuses to let him select an assistant as required by law, must, on conviction, be fined not less than $100.00 nor more than $500.00.

Any elector who shall by accident or mistake spoil a ballot so that he cannot conveniently or safely vote the same may return it to the inspectors and may receive another in lieu thereof, which ballot must be voted or returned to the inspectors by such elector.

After preparing his ballot, the elector shall fold the same so as to conceal the face thereof and show the stub thereto attached with the name or the initial of the inspector and hand it to the receiving inspector. The inspector must receive the ballot folded and call the name of the elector audibly and distinctly, and the name of each elector whose ballot has been received must immediately be taken down by the clerks on separate lists, which shall be headed 'names of voters' and called 'poll lists,' and the number of the order in which such elector votes must at the same time be entered by each clerk against his name, the first elector voting being numbered one, the second two and so on to the last elector voting.

When a voter casts his ballot, it shall be numbered by the inspector receiving the ballot in the following manner: At the bottom of each ballot and at a point an equal distance from the sides thereof, there shall be printed a one inch square, and the number of the ballot shall be placed by the inspector inside this square and nowhere else upon the ballot. Immediately after the inspector places the number on the ballot in the square provided therefor, he shall forthwith and in the presence of the voter and before placing the ballot in the ballot box, place a seal over the square in such manner as to make it impossible to see the number placed therein without removing the seal, but in such manner as that the seal may be removed without obliterating the number placed in the square. The seals to be used for this purpose shall be black and shall be furnished as a part of the election supplies by the persons now authorized by law to furnish other election supplies, shall be two inches square, and around the outer edge thereof, one-fourth inch in width, there shall be a mucilaginous surface so that the seal may be securely placed over the square and may be later removed in the manner provided for herein without obliterating the number placed in the square. As many seals shall be furnished for each voting place as there are ballots furnished for that voting place.

No seal placed upon a ballot as herein provided for shall be removed or broken except in the case of an election contest or grand jury investigation and then only upon the order of the officer in charge of the election contest or grand jury investigation as the case may be.

Any election official found guilty of violating the provisions of Sections 17-8-35 and 17-8-36 by failing to number a ballot or ballots and seal the same in the manner hereinabove provided for shall be guilty of a misdemeanor and upon conviction shall be fined not less than $10.00 nor more than $100.00. Any person found guilty of violating the provisions of Sections 17-8-35 and 17-8-36 by removing, breaking or tampering with a seal placed on a ballot in conformity with the provisions of Sections 17-8-35 and 17-8-36, except in the manner hereinabove provided, shall be guilty of a felony and upon conviction shall be punished by imprisonment in the penitentiary for a term of not less than one nor more than five years.

The provisions of Sections 17-8-35 through 17-8-37 shall apply to all elections held in this state, general, special, primary and municipal.

Having numbered the ballot, the inspector shall detach the stub and pass the ballot to each of the other inspectors, and it must then, without being opened or examined, be deposited in the proper ballot box.

Any elector who takes or removes, or attempts to take or remove, any ballot from the polling place before the close of the polls; or any person who interferes with any elector when inside the polling place or when marking the ballot, or unduly influences, or attempts to unduly influence, any elector in the preparation of his ballot; or any elector who remains longer than the time allowed by law in the booth or compartment after being notified his time has expired, must, on conviction, be fined not less than $10.00 nor more than $100.00.

Any person who compares the number on the ballot with the poll list shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than $100.00; but this shall not apply on the trial of any contested elections.

(a) The judge of probate shall cause to be printed in large type posters of instructions for the guidance of electors in preparing their ballots. The information shall include:

(1) A sample version of the ballot that will be used for that election.

(2) Information regarding the date of the election and the hours during which polling places will be open.

(3) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot.

(4) Instructions for mail-in registrants and first-time voters registering and voting for the first time after January 1, 2003.

(5) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.

(6) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation.

(b) The judge of probate shall furnish to the sheriff three, or more if necessary, sets of instructions to be posted in the following manner at each precinct. One set of instructions shall be posted near the entrance of the voting place so as to be plainly visible to those entering. Another set of instructions shall be placed in a plainly visible location near the area where voters are identified from the list of qualified voters printed from the state voter registration list. Remaining sets of instructions may be placed in plainly visible locations to assist voters in accordance with the circumstances presented by the physical layout of the voting place. The instructions shall be printed in large clear type and shall be made available in alternative languages in counties where the most recent federal decennial census indicates that a specific alternative language group exceeds five percent of the voting age population for that county.

The judge of probate for each county shall have printed, at the expense of the county, ballots, blank poll lists, certificates of results, oaths and any other stationery or blank forms necessary in the conduct of an election. The judge of probate shall also superintend and insure the delivery by the sheriff to the inspectors of the election of the ballots, blank poll lists, certificates of results, oaths and other stationery or blank forms necessary in the conduct of the elections.

In all election contests other than political party primaries or run-offs, any person or candidate involved in the contest is entitled to make an examination of the ballots cast, given, or rejected in the election, to make an examination of the voting machines used in the election, and to make an examination of voting machine computations or printouts.