For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:

(1) OFFICIAL BALLOT. The list of offices and candidates, and the statements of questions on the voting machine.

(2) BALLOT LABELS. The cards, paper or other material, containing the names of offices and candidates and statements of questions to be voted on.

(3) DIAGRAM. An illustration of the official ballot, when placed upon the machine, showing the names of the parties, offices and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot.

(4) QUESTION. A statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election.

(5) IRREGULAR BALLOT. The paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot label.

(6) CANDIDATE COUNTERS and QUESTION COUNTERS. The counters on which are registered numerically the votes cast for candidates, and on questions, respectively.

(7) PUBLIC COUNTER. A counter or other device which shall publicly indicate how many times the machine has been operated at an election.

(8) PROTECTIVE COUNTER. A counter or protective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated, except by operating the machine.

(9) VOTING MACHINE BOOTH. The enclosure occupied by the voter when voting.

(10) MODEL. A mechanically operating model of a portion of the face of the machine, illustrating the manner of voting.

(11) CUSTODIAN. Person charged with the storing and caring for the voting machines when not in use in elections.

(12) ELECTION and ELECTIONS. Such term shall include and mean all general, municipal, primary, bond, tax rate, school and special elections of any kind.

(13) SEAL. Such term, and other words of the singular number relative thereto, shall include the plural number as applied to a voting machine, designed to be made secure with two or more seals.

(14) CITY COMMISSIONER. Any municipal authority by whatever name called that is legally constituted to supervise and manage the affairs of the town or city or other like political subdivision of the state.

(15) COUNTY COMMISSION. The governing body of each county of this state.

(16) COUNTY, CITY or MUNICIPALITY. The use of such terms shall not be interpreted to exclude from the use of voting machines any other political subdivision of the state, but the same laws, rules and regulations that apply to the use of voting machines in counties, cities or municipalities shall apply to other political subdivisions of the state insofar as they are applicable and pertinent.

The governing body of any county or municipality or other political subdivision of the state may, in its discretion, by adoption of an appropriate resolution, authorize, adopt and direct the use of voting machines for registering or recording and computing the vote at all elections held in such county or municipality or other political subdivision or portion of any thereof without the requirement of submitting the question of the authorization and installation of voting machines to a vote of the qualified electors of such county, municipality or other political subdivision or portion of any thereof.

The county commission of any county, may, upon their own motion, submit to the qualified electors of the county, at any general, special or primary election, the question, 'Shall voting machines be used in the County of _____?' The city commission may, upon their own motion, submit to the qualified electors of the city, at any general, special, primary or municipal election, the question, 'Shall voting machines be used in the City of _____?' The county commission, upon the filing of a petition with them signed by qualified voters of the county equal in number to at least five percent of the total number of electors who voted in said county at the last preceding general, special or primary election, but in no case less than 50, unless the total number of electors who voted therein at the last preceding general, special or primary election was less than 100, in which case one half of the number voting shall be sufficient, shall, at the next general, special or primary election occurring at least 30 days thereafter, submit to the qualified electors of such county, the question, 'Shall voting machines be used in the County of _____?' The city commission, upon the filing of a petition with them signed by qualified electors of the city equal in number to at least five percent of the total number of electors who voted in said city at the last preceding general, special, primary or municipal election, but in no case less than 50, unless the total number of electors who voted therein at the last preceding general, special, primary or municipal election was less than 100, in which case one half of the number so voting shall be sufficient, shall, at the next general, special, primary or municipal election, occurring at least 30 days thereafter, submit to the qualified electors of such city, the question, 'Shall voting machines be used in the City of _____?' The county commission or the city commission shall cause the said question to be printed upon the ballots to be used at the election, in the form and manner provided by the laws governing general, special, primary and municipal elections. The election on said question shall be held at the places, during the hours, and under the regulations provided by law for holding general, special, primary and municipal elections, and shall be conducted by the election officers provided by law to conduct such elections. The election officers shall count the votes cast at the election on said question, and shall make return thereof in county elections to the county commission, as required by law, and, in municipal elections, to the city commission, as required by law. Said returns shall be computed by the clerk of the county commission or by the city clerk, as the case may be, and, when so computed, a certificate of the total number of electors voting 'yes' and of the total number of electors voting 'no' on such question shall be filed in the office of the county commission in county elections, and in the office of the city commission in municipal elections; and copies of said certificates, certified by the respective governing bodies, shall forthwith be furnished to the Secretary of State. If a majority of the electors of any county, city or other political subdivision of the state, voting on such question, shall vote against the adoption of voting machines, no officers of said county, city or other political subdivision of the state shall authorize the use of voting machines nor shall the question again be submitted to the voters of such political subdivision within a period of two years. In the event a county, municipality or other political subdivision of the state shall vote in the majority, authorizing and directing the use of voting machines at elections as provided in the preceding sections, or in the event the county, municipality or other political subdivision of the state, through its proper officers, in pursuance of appropriate legislation, shall authorize and direct the use of voting machines at elections as herein otherwise provided, the county commission or city commission shall either purchase the necessary number of voting machines for said county, municipality or other political subdivision of the state under the conditions and requirements set out herein, or shall rent or lease the necessary number of voting machines for said county, municipality or other political subdivision of the state, with or without option to purchase said machines, at fair and reasonable rental or lease prices which shall not exceed 10 percent of the purchase price of said machines; or such county, municipality or other political subdivision may request the Department of Finance to acquire the requisite number of voting machines for it under the existing provisions of law; or such county, municipality or other political subdivision may make such request from any board, commission or authority of the state which may now or hereafter be provided by law.

Where voting machines have been adopted for a county, municipality, or other political subdivision of the state, or for a portion of the county, municipality, or other political subdivision, the county commission or the municipal governing body shall, as soon as practicable and in no case later than six months after the adoption thereof, provide for each voting ward, precinct, or beat designated, one or more approved voting machines, in complete working order, and shall thereafter preserve and keep them in repair. In each voting place in which voting machines are used, the county commission or municipal governing body shall provide by rental, lease, or purchase, at least one mechanical voting machine for each 600 registered voters or fraction thereof, or at least one electronic voting machine for each 1,200 registered voters or fraction thereof. In any municipal run-off election involving 50 percent or fewer races than were on the ballot during the general election, a municipal governing body shall not be required to provide more than one ballot box for every 600 qualified electors when paper ballots are used, or more than one voting machine for every 1,200 qualified electors where mechanical voting machines are used, or more than one voting machine for every 2,400 qualified electors where electronic voting machines are used.

The county commission or municipal governing body may, at its discretion, elect not to install voting machines in a ward, precinct, or beat having less than 100 registered voters. The adoption of the use of voting machines by a county or municipality, upon a petition signed by a majority of the registered voters in the ward, precinct, or beat, the county commission or municipal governing body may be required to install voting machines in the ward or precinct or beat for use in an election held after 90 days from the filing of the petition. Upon the installation of voting machines in a voting place, the use of paper ballots shall be discontinued, except as otherwise provided. Wherever, by reason of a constitutional or other legal debt limitation, it shall be impossible for a county or municipality to provide voting machines by either rental, lease, or purchase for each election district, then it shall provide as many machines as it shall be possible to procure, and, as soon thereafter as possible, shall provide the remainder of the machines required hereunder. The machines provided shall be first installed in wards, precincts, or beats having the largest number of registered voters.

(a) Any county or city may, by resolution of the county commission for county elections or resolution of the municipal governing body for city elections or by a majority vote of its qualified electors voting thereon at any election held not earlier than six years after the adoption and installation of such machines, direct the discontinuance of the use of voting machines at elections held in such county or city. If discontinuance is not approved by the county commission or the municipal governing body, the question of the discontinuance of the use of such voting machines shall be submitted to the voters, subject to the same requirements as to resolution or petition and signatures thereon as is required for the submission of the question on the authorization of the use of such voting machines. Where the qualified electors of any city and the qualified electors of the entire county containing therein such city, both have voted by separate questions in favor of the adoption of the use of voting machines, or where any county and any city within any such county, through its proper officers, in pursuance of appropriate legislation, shall have separately authorized and directed the use of voting machines, a subsequent vote by the qualified electors of the entire county in favor of discontinuance will not be considered as a vote to discontinue the use of voting machines in such city. Such question as to the discontinuance of the use of voting machines shall be submitted in the following form: 'Shall the use of voting machines be continued in the (city or county) of …?'

(b) The requirements for the approval of an electronic vote counting system is governed by Chapter 24 of this title.

(c) Any payment for the sale, lease, rental, use, or maintenance of voting machines or equipment shall be paid directly to the governmental entity that owns the machines or equipment.

(d) The discontinuance of the use of voting machines and adoption of an electronic vote counting system by any of the procedures set forth in this section is hereby validated. It is the legislative intent of this subsection that approval of the change from voting machines to electronic voting under Section 17-24-3 has, since the enactment of the Election Reform Act of 1983, been an effective means of changing voting systems.

When the use of voting machines is adopted in and for any voting precinct within any county or municipality, then voting machines must be used in all general, primary, municipal and special elections held thereafter in any such voting precinct.

No voting machine shall be installed for use in any election in this state unless it shall satisfy the following requirements:

(1) It shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted.

(2) It shall permit each voter, at other than primary elections, to vote a straight political party ticket in one operation, and, in one operation, to vote for all the candidates of one political party for presidential electors, and, in one operation, to vote for all the candidates of one political party for every office to be voted for; except those offices as to which he votes for individual candidates.

(3) It shall permit each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all political parties, from the nominees of any and all political bodies, and from persons not in nomination.

(4) It shall permit each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person appears upon a ballot, at other than primary elections, as a candidate for nomination or election, as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote.

(5) It shall preclude each voter from voting for any candidate or upon any question for whom or upon which he is not entitled to vote, and from voting for more persons or any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once.

(6) It shall permit each voter to deposit, write in or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine except in primary elections.

(7) It shall permit each voter to change his vote for any candidate, or upon any question appearing upon the ballot labels, up to the time he begins the final operation to register his vote.

(8) It shall permit and require voting in absolute secrecy and shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save a voter whom he has assisted or is assisting in voting, as prescribed by law.

(9) It shall have voting devices for separate candidates and questions, which shall be arranged in separate parallel rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party, and shall have parallel office columns or rows transverse thereto.

(10) It shall have a counter or other device which shall show during any period of voting the total number of voters who have operated the machine during said period of voting.

(11) It shall have a protective counter, or other device, the register of which cannot be reset, which shall record the cumulative total number of movements of the operating mechanism.

(12) It shall be provided with a lock or locks, by the use of which, immediately after the polls are closed, or the operation of the machine for an election is completed, all movement of the registering mechanism is absolutely prevented.

(13) It shall be provided with a screen, hood, or curtain, which shall conceal the actions of the voter while voting.

(14) It shall, when properly operated, register or record correctly and accurately every vote cast.

(15) It shall be constructed of material of good quality, in a neat and workmanlike manner.

(16) It shall be so constructed that a voter may readily learn the method of operating it.

(17) It shall be safely transportable.

(18) It shall be so constructed and controlled that, during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism.

(19) It shall be so constructed and equipped with devices or attachments as to comply with the 'single short' provisions of the Alabama election laws, whenever and wherever such provisions are applicable at elections in said state.

(20) It shall be so constructed as to permit the casting and recording of challenged votes by means of the 'irregular ballot' method or shall be equipped with such devices and attachments as to allow the casting and recording of challenged votes, as provided by law.

Before any voting machine is purchased, rented or leased, the person or corporation owning or manufacturing such machine must give an adequate guarantee, in writing, securing that such machines comply fully with the above requirements and will correctly, accurately and continuously register and record every vote cast.

The county commission or city commission or such other authority as levies the taxes for county or city purposes of any county or city which adopts the use of voting machines, shall, upon the purchase, rental or lease thereof, provide for payment therefor by the county or city; provided, that bonds or other evidences of indebtedness, payable not later than 15 years from their dates of issuance, may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or cities, to meet all or any part of the cost of the voting machines.

Each county in which voting machines may now or hereafter be authorized or required to be used in the conduct of elections in such county shall have the power from time to time to sell and issue interest-bearing warrants of such county or interest-bearing certificates of indebtedness of such county for the purpose of paying the cost of acquiring or providing voting machines for the conduct of elections in such county, or for providing a voter reidentification program, providing equipment for the county board of registrars or paying for construction for compliance with handicap regulations for accessibility to polling places. Such warrants and certificates may be in such denomination or denominations, may have such maturity or maturities not exceeding 15 years from their date, may bear interest from their date at an annual rate or rates not exceeding the prevailing rate, payable semiannually, may be payable at such place or places within or without this state, may be sold at such time or times and in such manner, may be executed in such manner, and may contain such terms not in conflict with the provisions of Sections 17-9-9 through 17-9-14, all as the county commission of such county may provide in the proceedings wherein the warrants or certificates are authorized to be issued.

All such warrants and certificates shall evidence general obligation indebtedness of the county by which they are issued, and the full faith and credit of the county shall be irrevocably pledged for the payment of the principal thereof and interest thereon. The proceeds derived from the sale of any such warrants and certificates shall be used solely for the purpose for which they are authorized to be issued, including the payment of any expenses incurred in connection with the issuance thereof.

The county commission of the county issuing any such warrants or certificates may, in its discretion, pledge and use or cause to be used, for the payment of the principal of and interest on such warrants and certificates, so much as may be necessary for such purpose of the general annual ad valorem tax of one half of one percent which the county is authorized to levy without reference to the purpose thereof under the provisions of Section 215 of the Constitution of Alabama of 1901. If more than one such pledge shall be made of the said tax, then such pledges shall take precedence in the order in which they are made unless the proceedings making such pledge shall expressly provide that such pledge shall be on a parity with or subordinate to a subsequent pledge of the said tax. All warrants and certificates for which the pledge authorized in this section may be made shall constitute preferred claims against the said tax, and shall have preference over claims incurred in carrying on the governmental function of the county.

Each such county may in like manner from time to time issue refunding warrants and certificates, either by sale or by exchange, for the purpose of refunding a like or greater principal amount of warrants and certificates then outstanding which were issued under the provisions of Sections 17-9-9 through 17-9-14 and the interest thereon and paying any premium necessary to be paid to retire the outstanding warrants and certificates refunded thereby. The provisions of Sections 17-9-9 through 17-9-14 applicable to the warrants and certificates so refunded shall likewise be applicable to such refunding warrants and certificates.

Insofar as the provisions of Sections 17-9-9 through 17-9-14 may be inconsistent with the provisions of any other law, the provisions of Sections 17-9-9 through 17-9-14 shall control, it being hereby specifically declared that the provisions of Section 11-8-10 shall not be applicable to the warrants and certificates issued under the provisions of Sections 17-9-9 through 17-9-14.

The provisions of Sections 17-9-9 through 17-9-14 shall apply to each county in this state in which voting machines may now or hereafter be authorized or required to be used in the conduct of elections in such county.

Whenever a referendum is about to be held upon the adoption of the use of voting machines in any county or city, the county commission or city commission may lease or borrow a reasonable number of voting machines for demonstration purposes in such county or city, prior to such referendum.

Ballot labels, diagrams, seals and all other necessary election supplies for use on voting machines in general, special, primary or municipal elections shall be prepared and printed by the same authorities now charged by law with the duty of preparing, printing and furnishing the same.

It shall be the duty of the judge of probate of each county where voting machines are used in county elections, and of the city clerk in each municipality where voting machines are used in municipal elections, to cause the proper ballot labels to be placed on voting machines; to cause the machines to be placed in proper order for voting; to examine all voting machines in the presence of authorized watchers for any interested persons, before they are sent out to the polling places; to see that all the registering counters are set at zero; to lock, in the presence of authorized watchers, all voting machines so that the counting machinery cannot be operated and to seal each one with a numbered seal, a list of which numbered seals and the number on the protective counters, together with the number of the precinct to which it was sent, in all elections shall be kept as a permanent record open to any citizen, in the records of the probate judge. Such inspection and sealing of voting machines shall begin not later than 9:00 A.M. of the Saturday before any election at which such machines are to be used, and continue until all such machines are sealed. When all machines are locked and sealed, the key to each machine shall be placed in an envelope and sealed, the signature of the judge of probate or of the city clerk, as the case may be, and the signature of two watchers of opposed interest (if such there be) placed across the seal, and on the envelope shall be written the number then on the protective counter and the number on the seal of the voting machine, such envelope to be delivered to the inspector of each election district. It shall be the duty of the sheriff in all elections which the county is charged with the expense of, the duty of the city clerk in a city election, the duty of the president of a school board in school elections, and the duty of the authority holding other elections of any character, to have delivered a voting machine, or machines, together with an instruction model for each machine, showing a portion of the face of such machine in use at such election, to each and every polling place where same is required by law to be used, at least one hour before the time set for the opening of the polls in such voting precinct. After the machine has been delivered, the same authority shall cause such machine to be set up in the proper manner and cause protection to be given so such machine shall be free from molestation and injury. The protective curtains shall be examined to see that they conceal the actions of the voter properly, while such voter is operating the machine. All poll lists and necessary supplies shall be delivered to the inspector at the same time the key or keys to the machine are delivered.

The key or keys to the voting machine or machines shall be delivered to the inspector of each poll at least 30 minutes before the time for opening of the polls, the seal of the envelope containing the same to be unbroken. The seal shall be broken by the inspector only in the presence of at least two authorized watchers for opposing interests (if such there be), and shall only be broken after comparison shows that the number written on the envelope and the number shown in the protective counter are identical. If these numbers are found not to be the same, the seal shall not be broken until the judge of probate or the city clerk, as the case may be, or their representative, shall arrive and deliver the correct keys or until another and properly sealed machine is delivered. If the numbers written on the envelope and the respective numbers on the seal and on the protective counter are found to be the same, the inspector shall open the doors concealing the counters. And, before the polls are declared open, the election officials and each authorized watcher, or any person interested, shall carefully examine each and every counter and see that it registers zero. All of those last enumerated then shall examine the ballots and satisfy themselves they are in their proper places on the machine. The election officials shall cause to be conspicuously placed the sample ballots and model for the guidance of the voters. All of the persons authorized to be in the polls shall satisfy themselves that the voting machine is properly placed, and that the face of the machine is turned toward where the election officials and the public may obtain a clear and unobstructed view of the same at all times, except when the curtain on the machine is closed for the casting of the ballot. The election officials and at least two watchers of opposing interests (if any there be) shall then sign a certificate setting out that the keys were delivered intact, that the numbers on the protective counter and the seal correspond with that on the envelope, that all the counters were set at zero, and that the ballot labels were in their proper places. If any counter, however, shall be found not to register zero, the inspector shall summon the custodian of the machine, who shall set the counter back to zero. The machine shall then be opened for voting and the polls formally declared open.

(a) Not less than five days before an election or primary election, the authority charged with holding the same shall cause to be held a school of instruction for those who will actually conduct the election or primary election at the polling places. The sheriff shall notify such election officials of the time and place of the holding of such school of instruction, and shall also publish notice at least 48 hours before the same is to be held.

(b) No election official shall serve in any election district in which a voting machine is used, unless he shall have received such instruction and is fully qualified to perform the duties in connection with the machine, and has received a certificate from the authorized instructor to that effect; provided, that this shall not prevent the appointment of an uninstructed person as an election official to fill a vacancy among the election officials.

In all counties and municipalities of this state in which elections are conducted in whole or in part by voting machines, all election officials shall be entitled to $3.00 which shall be in addition to the compensation now provided by law for election officials. When the election is a municipal election, said compensation shall be paid out of the general fund of the municipality, and in all other elections, it shall be paid out of the county treasury, on proper proof of the service rendered.

This section shall apply only in counties in which voting machines are used.

Any election or primary election official who fails to serve at the polls, unless previously excused by the appointing board, is guilty of a misdemeanor and upon conviction shall be fined not less than $50.00 and not more than $1,000.00. The names of all persons excused from serving and the reasons for which they were excused shall be entered upon the records of the appointing board, which records shall be kept in the office of the probate judge for the length of the contest period after any election or primary election and shall be open to public inspection at all reasonable times.

In the event a person appointed as an election or primary election official is excused from serving or otherwise disqualifies himself, the vacancy created thereby shall be filled by the appointing board in the same manner that original appointments are made. However, if the vacancy occurs after the school of instruction for election officials has been held, the appointing board shall appoint a person who has received a certificate from a previous school of instruction.

The authority designated in Section 17-9-18 shall furnish and deliver with each voting machine:

(1) Lighting facilities which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot labels, and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls.

(2) A model and two diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by directions for voting on the machine. Such diagrams shall be posted prominently outside, for the instruction of electors. Such model shall be placed in the polling place and at or outside of the guard-rail or barrier.

(3) A seal, or seals, for sealing the machine after the polls are closed.

(4) An envelope for the return of the keys, if the construction of the voting machine shall permit their separate return.

(5) Such other election materials and supplies as may be necessary, or as may be required by law.

The election officers for each voting machine shall consist of an inspector, a chief clerk, and a first and second assistant clerk. The inspector shall be in general charge of the poll and shall see that the chief clerk properly marks off from the list of registered voters, and that the first assistant clerk properly records the name of each voter before the voter casts his or her ballot, and shall keep such other records as are required by law. It shall be the duty of the second assistant clerk to attend the voting machine at all times and to see that it is not tampered with. The second assistant clerk shall also inspect the ballot labels at frequent intervals to see that none have been tampered with and to see that the machine has not been injured. The inspector shall see that the counter compartments of the machine are never unlocked or opened so that the counters are exposed during voting. The election officers shall ascertain, as required by law, whether each applicant to vote is entitled to vote. If he or she is found to be entitled to vote, he or she shall be permitted to vote.

No voter shall remain within the voting booth an unreasonable length of time, and, if the voter refuses to leave after a reasonable period, the voter shall be removed by the election officers; provided, that they may grant the voter a longer time if other voters are not waiting to vote.

All laws now existing or as hereafter amended relating to provisional voting, insofar as practicable, shall relate to elections held with voting machines. Wherever in any election held under this chapter, the right of any voter to cast his or her ballot shall have been challenged under this section, the provisional voter, after having first complied with provisions of the laws referred to in this section, shall be permitted to cast his or her ballot by means of the “provisional ballot.”

During the 30 days next preceding an election, the city commission in municipal elections, and the county commission in all other elections, shall place on public exhibition, in such public places and at such times as it may deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot labels, and showing the offices and questions to be voted upon, the names and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in an election shall be used for such public exhibition and instruction after having been prepared and sealed for the election. Prior to any election, the county commission or city commission, as the case may be, may cause copies of any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable.

(a) The election officers shall, with the aid of the diagrams herein authorized, and the mechanically operated model, instruct each voter before he enters the voting machine booth, regarding the operation of the machine, and shall give the voter opportunity personally to operate the model. No voter shall be permitted to receive any assistance in voting at any election, unless he shall first state in writing upon printed forms supplied for that purpose and under oath or affirmation, which shall be administered to him by the inspector, that he is blind or that he cannot read the names on the voting machines, or that, by reason of physical disability, he is unable to see the machine or prepare it for voting, or to enter the voting machine booth without assistance. The voter shall state the specific physical disability which requires him to receive assistance. Thereupon the voter may request assistance of two inspectors of his choice or some other person of his own choice, and he shall be assisted by the two election officials of his choice or by such other person, who shall aid him in voting, and the inspector shall forthwith enter in writing on the record of assisted voters: the voter's name; the fact that the voter cannot read the names on the voting machine, if that be the reason for requiring assistance and, otherwise, the specific physical disability which requires him to receive assistance; and the name of the election officials or such other person furnishing the assistance; but if any voter, after entering the voting machine booth, and before the closing of such booth, shall ask for further instructions concerning the manner of voting, he may choose an election officer, who shall give him such instructions, but no official giving a voter such instructions shall, in any manner, request, suggest or seek to persuade or induce any such voter to vote any particular ticket, or for any particular candidate, or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the election officer shall retire, and the voter shall forthwith vote.

(b) It shall be unlawful for any official to assist a voter who has not made the oath required herein, or for an official or any other person to do anything to enable himself to see how any voter votes other than in the course of assisting a voter as provided herein.

Ballots, other than challenged ballots, voted for any persons whose name does not appear on the ballot shall be designated 'irregular ballots.' In the event a voter desires to vote an 'irregular ballot,' such person shall write the name of the person whom he desires to vote for on the roll of paper or other device designated on the voting machine for that purpose, and such 'irregular ballot' shall be counted and included in the canvass officially made, but no 'irregular ballot' shall be cast or counted for any person whose name shall appear on the ballot label, excepting challenged ballots cast under the provisions of this chapter. 'Irregular ballots' shall not apply to nor be cast in primary elections.

Absentee ballots, if any, shall be cast in the usual manner and under the laws and regulations as now provided or as hereafter amended, and voting machines shall not be required for the casting of absentee ballots.

If any voting machine being used in any election shall become out of order during such election, it shall, if possible, be repaired or another machine substituted by the authority holding such election, as promptly as possible, for which purpose the county commission or city commission may purchase, rent or lease as many extra voting machines as they may deem necessary; but in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.

In the event the use of paper ballots becomes necessary, as set out in this section, the authority holding such election shall provide a ballot box or similar appropriate receptacle for the deposit of the ballots, and such supplies and election officers as may be necessarily incident to voting by paper ballot. In the event the use of paper ballots becomes necessary as hereinabove provided, such use of paper ballots shall be in all respects as required by law.

At all elections in which voting machines are used, duly appointed watchers shall have the right to see all oaths administered and signed, the record of assisted voters, the list of qualified voters, the poll lists and any and all records made in connection with the election. Watchers shall have the right to observe the preliminaries of opening the polls, as provided in Section 17-9-18, and the right to remain in the polling place throughout the election and until the results of the election shall have been posted, and the machines sealed, as provided by law. Watchers shall have the right generally to observe the conduct of the election. An official who refuses to allow any watchers to exercise such rights shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed by law.

It shall be unlawful and constitute a misdemeanor for members of the county executive committee of any political party holding a primary election, or for any board of canvass, to break the seal of a voting machine for any purpose other than the following:

(1) For obtaining the results of an election when the election officials have failed to make a return, but only after the fact of failure to make a return has been certified to the circuit court having jurisdiction in that county and an order to break the seals to obtain the results of an election has been issued by that court;

(2) For the hearing of a contest conducted in accordance with law;

(3) For the purpose of a grand jury investigation, upon the order of a court having jurisdiction in the county in which the machines are used.

In the event that the seal of a machine is broken to obtain the results of an election, the chairman of the county executive committee of the political party holding the election, or the members of the board of canvass, and at least two other witnesses, shall sign a record of the action of breaking the seal, which record must show the date and time of opening the machine and the number of the seal broken. When the results have been obtained, the persons opening the machine shall reseal the machine with a metal seal, and shall make a record of the resealing of the machine, which record must show the number of the seal used to reseal the machine. The persons opening the machine, and at least two other witnesses, shall sign the record of the action of resealing the machine. When it becomes necessary to break the seal of a machine in order to obtain the results of an election, the persons breaking the seal shall report to the next grand jury sitting in that county the failure of the election officials to return the results of the election.

Upon the occasion of an election in which voting machines are used, all keys to voting machines, other than those in the possession of the election officials, must be delivered to the authority having jurisdiction over the election by not later than one hour after the official closing of the polls of the day on which the election is held, and shall remain in the possession of such authority for the time provided by law for the filing of contest.

When the time arrives for closing the polls, all qualified voters, who are then waiting within the voting room to vote, shall be permitted by the election officers to do so. As soon as the last voter has voted and the poll closed, the election officials shall immediately lock the machines against voting. They shall then sign a certificate stating that the machine was locked and sealed, giving the exact time; such certificate also stating the number of voters shown on the public counters, which shall be the total number of votes cast on such machine in that precinct; the number on the seal; and the number registered on the protective counter. They shall then open the counting compartment in the presence of the watchers and of at least one representative of any newspaper or press association which cares to be represented, giving full view of all the counter numbers. The inspector shall, under the scrutiny of the watchers, in the order of the officers, as their titles are arranged on the machines, read and announce in distinct tones the designating number and letter on each counter for each candidate's name, if the construction of the voting machine is such as to require a designating number and letter; the result as shown by the counter numbers; and shall then read the votes recorded for each office on the 'irregular ballots'; and shall also read and the clerk shall tally the totals of all challenged ballots cast under the provisions of this chapter. He shall also in the same manner announce the result on each constitutional amendment, bond proposition or any other question voted on. The vote as registered shall be entered on the statements of canvass in ink by the clerks, such entries to be made in the same order on the space which has the same designating number and letter, if the construction of the voting machine is such as to require a designating number and letter, after which the figures shall again be verified by being called off in the same manner from the counters of the machines. The returns of the canvass as required by law shall then be filled out, verified and shall show the number of votes cast for each candidate, the number of votes cast for and against any proposition submitted and shall be signed by the election officials. The counter compartments of the voting machine shall remain open throughout the time of the making of all statements and certificates, and the official returns, and until such have been fully verified; and during such time the watchers of any candidate or any representative of any newspaper shall be admitted. The proclamation of the result of the votes cast shall be deliberately announced in a distinct voice by the inspector, who shall read the names of each candidate, with the designating number and letter, if the construction of the voting machine is such as to require a designating number and letter; of his counter and the vote registered on such counter; also the vote cast for and against each proposition submitted. During such proclamation ample opportunity shall be given to any person lawfully entitled to be in the polls to compare the results announced with the counter dials of the machine and any necessary corrections shall then and there be made, after which the doors of the voting machine shall be locked and sealed with the seal provided, so sealing the operating lever or electrical control, if an electrically operated machine, so that the voting and counting mechanism will be prevented from operation. Irregular and challenged ballots, properly sealed and signed, shall be filed with the original statement of canvass, which canvass shall be delivered in the same manner and to the same authorities as now provided by law. The inspector shall deliver to the chairman of the county executive committee in all primary elections, the city clerk in all municipal elections, and the county commission in all other elections, the keys of the machine, enclosed in a sealed envelope, across the seal of which shall be written his own name, together with that of the other election officials, and on this envelope shall be recorded the date of the election, the number of the voting district, the number of the seal with which the machine was sealed, the number of the public counter and the number on the protective counter.

The authority charged with the holding of an election or primary election where voting machines shall be used shall cause to be prepared a statement of canvass of a form to be approved by the judge of probate, in the necessary number as now required to be used by law, such statement of canvass to conform with the type of voting machine to be used, and the designating number and letter, if the construction of the voting machine is such as to require a designating number and letter, of each candidate (or proposition) shall be printed next to the candidate's name on the statement of canvass. Said statements of canvass shall be permanently preserved by the probate judge for use in the event of contests. In the event the construction and design of the voting machine is such as to permit photographing the name of the candidate or the question, together with the total vote cast on their respective counters, said photograph may be taken and kept as a permanent record for use in event of a contest.

The voting machines shall remain locked against voting for the time provided by law for the filing of contests and then shall have the seal broken only on the order of that body which, under the general provisions of law, now has charge of and control over ballot boxes in that county, municipality or other political subdivision, and if, in the opinion of such body, the contest has developed or is likely to develop, shall remain locked until such time as ordered opened by the court hearing the contest, or until a final determination thereof; provided, that on the order of any court of competent jurisdiction or on the order of any legislative body or governing body having jurisdiction over such election, the seal may be broken for the purpose of proper investigation and when such investigation is completed, the machine shall again be sealed and across the envelope containing the keys shall be written the signature of the person or persons having broken same; and provided further, that in the event another election is held during the time for which the machines are required by this section to be locked and the machines are needed at such election, the board charged with canvassing the returns of the election at which the machines were last used shall be authorized to break the seal and make a record of the numbers on all counters on each machine and to remove all of the election records from the machine. The canvassing board shall securely seal all records taken from a machine in an envelope or package and on the outside thereof label the package in such manner as to indicate plainly the machine from which they were removed and the month, day and the year of the election of which they are records. Each member of the canvassing board shall certify to the accuracy of the record of the numbers on the counters and shall sign the envelope or package across the seal. This certificate and all other records removed from the voting machines shall be delivered to the officer to whom paper ballots are delivered after an election and preserved by him for the same length of time and then destroyed in the same manner that paper ballots are handled.

The governing body of any county, municipality or other political subdivision of the state procuring voting machines shall designate a person or persons who shall have the custody of the voting machines and the keys therefor, when the machines are not in use at an election; and shall provide for his compensation and for the safe storage and care of the machines and keys. All voting machines, when not in use, shall be properly boxed or covered, and stored in a suitable place or places, by said custodian. The same authority that caused the delivery of the voting machines shall be charged with the transporting of such machines back to the said custodian, and shall furnish all necessary protection to see that such machines are not molested nor injured from the time such machines leave the place where they are regularly stored until they are turned into the custody of the officials of a voting district and from the time that custody ceases on the part of the voting district officials and the machines are returned to the place of regular storage.

(a) Counties. - All counties are hereby authorized and directed to pay to the custodian of voting machines, provided for by Section 17-9-36, reasonable compensation for his services, all necessary expenses incurred in transporting said machines to and from the polls, and all necessary expenses incurred in the operation of said machines during all elections held other than municipal elections, regardless of whether or not said counties have adopted the use of voting machines.

(b) Municipalities. - All municipalities are hereby authorized and directed to pay to the custodian of voting machines, provided for by Section 17-9-36, reasonable compensation for his services, all necessary expenses incurred in transporting said machines to and from the polls, and all necessary expenses incurred in the operation of said machines during all municipal elections, regardless of whether or not said municipalities have adopted the use of voting machines.

Any person now authorized by law may apply to the body which, under the general provisions of law, now have charge of and control over ballot boxes, for an order to break the seals of a voting machine for the purpose of recanvassing the vote should same become necessary, whereupon all the other provisions of this title shall be followed in making such recanvass and the machine shall be resealed as herein provided.

In the event a municipality or other political subdivision of the state within any county adopts the use of voting machines, whether such adoption be by resolution of the governing body thereof or by an election held therein as provided in this chapter, the pertinent and necessary laws and requirements pertaining to the use of voting machines in counties shall apply to the use of voting machines in said municipalities or other political subdivisions of the state insofar as said laws and requirements are pertinent and necessary to legalize the use of voting machines in such municipalities or other political subdivisions of the state.

Any election officer, or other person, who shall violate any of the provisions of this chapter, or who shall tamper with, injure or attempt to injure any voting machine to be used or being used in an election, or who shall wilfully misuse any such machine, or who shall prevent or attempt to prevent the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key to a voting machine to be used or being used in an election, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to undergo imprisonment for not more than one year, or to pay a fine not exceeding $1,000.00, or both, in the discretion of the court.

The provisions of all other laws relating to the conduct of elections shall, so far as practicable, apply to the conduct of elections where voting machines are used, unless herein otherwise provided.