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Section 17-10-1
Section 17-10-1'Register' and 'register in chancery' defined.
The words 'register' or 'register in chancery,' as used in this chapter, shall also include any successor in function to such register.
(Acts 1975, No. 1147, p. 2251, §16.)Section 17-10-2
Section 17-10-2Register or clerk designated absentee election manager; appointment, qualifications, duties, term and compensation of manager if register and clerk decline duties.
In each county there shall be an 'absentee election manager,' who shall fulfill the duties assigned by this chapter. The register of the county shall, at his option, be the absentee election manager. If the register declines such duties, the circuit clerk of the county, at his option, shall be the absentee election manager. If neither the register nor the circuit clerk of the county assumes the duties of absentee election manager, the presiding circuit judge shall thereupon appoint an absentee election manager, who shall be a person qualified by training and experience, who is a qualified elector of the county and who is not a candidate in the election to perform the duties assigned by this chapter. The presiding circuit judge shall designate the place or office where such duties shall be performed. Such place or office shall be open on the days and during the hours as that of the register prior to each election. Any person so appointed shall have all the powers, duties and responsibilities of the clerk or register for the purposes of this chapter, including the power to administer oaths. Such powers, duties and responsibilities shall terminate at the end of the day of the election. The absentee election manager, clerk, register or register in chancery shall be entitled to the same compensation for the performance of his duties as is provided in Section 17-10-14.
(Acts 1978, No. 616, p. 873, §1.)Section 17-10-3
Section 17-10-3Absentee balloting generally.
(a) Any qualified elector of this state (1) who will be out of the county or the state on election day or (2) who has any physical illness or infirmity which prevents his or her attendance at the polls, whether he or she is within or without the county on the day of the election, or (3) who works on a shift which has at least 10 hours which coincide with the hours the polls are open at his or her regular polling place, or (4) who is enrolled as a student at an educational institution located outside the county of his or her personal residence attendance at which prevents his or her attendance at the polls, or (5) who is a member of, or spouse or dependent of a member of, the armed forces of the United States or is similarly qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, or (6) who has been appointed as an election officer or named as a poll watcher at a polling place other than his or her regular polling place, may apply for and vote an absentee ballot by mail or by hand delivery, as provided in Sections 17-10-5 and 17-10-9, in any primary, general, special, or municipal election, provided he or she makes application in writing therefor not less than five days prior to the election in which he or she desires to vote as authorized in this chapter.
(b) An applicant for an absentee ballot who is a member of the armed forces of the United States, including the Alabama National Guard, the United States Naval Reserves, the United States Air Force Reserves, and the United States Military Reserves on active duty training or an applicant who is the spouse of any member of the armed forces or any other applicant qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, may make application for an absentee ballot by filling out the federal postcard application form, authorized and provided for under the provisions of 'The Federal Voting Assistance Act of 1955,' Public Law 296, Chapter 656, H.R. 4048, approved August 9, 1955, 84th Congress 1st Session.
(c) Notwithstanding any other provision of otherwise applicable law, in the event more than one absentee ballot is cast in the name of the single voter, whether any such multiple ballot is cast by mail or otherwise, none of the affidavit envelopes containing said multiple ballots shall be opened, and none of said multiple ballots shall be counted, except in the event of an election contest, upon the order of the election contest tribunal. Upon the conclusion of an election contest or, in the event no such contest is filed, upon the expiration of time for filing such a contest, said multiple ballots shall be provided to the district attorney, with photocopies provided to the state Attorney General, for such investigation, prosecution, or other action as may be appropriate under applicable law.
(Acts 1975, No. 1147, p. 2251, §1; Acts 1986, No. 86-428, p. 791, §1; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §1; Act 99-388, p. 615, §1; Act 2001-1097, 4th Sp. Sess., p. 1147, §1.)Section 17-10-4
Section 17-10-4Form and contents of application; signature of applicant; filing of application.
The application required in Section 17-10-3(a) shall be filed with the person designated to serve as the absentee election manager. The application shall be in a form prescribed and designed by the Secretary of State and shall be used throughout the state. Notwithstanding the foregoing, handwritten applications can also be accepted at any time prior to the five day deadline to receive absentee ballot applications as provided in Section 17-10-3(a). The application shall contain sufficient information to identify the applicant and shall include the applicant's name, residence address, or such other information necessary to verify that the applicant is a registered voter. Any applicant may receive assistance in filling out the application as he or she desires, but each application shall be manually signed by the applicant and, if he or she signs by mark, the name of the witness to his or her signature shall be signed thereon. The application may be handed by the applicant to the absentee election manager or forwarded to him or her by United States mail. An application for an emergency absentee ballot pursuant to Section 17-10-12 may be forwarded to the absentee election manager by the applicant or his or her designee. Application forms which are printed and made available to any applicant by the absentee election manager shall have printed thereon all penalties provided for any violation of this chapter. The Secretary of State shall provide applications for absentee voting to military and overseas voters in accordance with Section 17-4-211.
(Acts 1975, No. 1147, p. 2251, §2; Acts 1978, No. 616, p. 873, §2; Acts 1980, No. 80-732, p. 1478, §1; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §2; Act 2003-313, p. 733, §2.)Section 17-10-5
Section 17-10-5Delivery of absentee ballots; maintenance of voter lists.
(a) Upon receipt of an application for an absentee ballot as provided in Section 17-10-3(a) if the applicant's name appears on the list of qualified voters produced from the state voter registration list in the election to be held or if the voter makes an affidavit for a challenged vote, the absentee election manager shall furnish the absentee ballot to the applicant by: (1) forwarding it by United States mail to the applicant's or voter's residence address or upon written request of the voter, to the address where the voter regularly receives mail or (2) by handing the absentee ballot to the voter in person or, in the case of emergency voting, his or her designee in person. If the absentee election manager has reasonable cause to believe that the applicant has given a fraudulent address on the application for the absentee ballot, the absentee election manager shall turn over the ballot application to the district attorney for any action which may be necessary under Act 94-320 or other acts. The absentee election manager further may require additional proof of a voter's eligibility to vote absentee when there is evidence of continuous absentee voting. The absentee election manager shall mail any absentee ballot requested to be mailed as provided in Section 17-10-3(a) no later than the next business day after an application has been received unless the absentee ballots have not been delivered to the absentee election manager. If the absentee ballots have not been so delivered, the absentee election manager shall hold all requests until the ballots are delivered and shall then respond by placing ballots in the mail no later than the next business day.
(b) The official list of qualified voters shall be furnished to the absentee election manager by the judge of probate using a printout from the state voter registration list of registered voters for that county containing vote registration information useful in the identification of absentee voters. The information provided in this report shall be established by rules adopted by the Secretary of State with the advice of the Alabama Circuit Court Clerks Association or its members and shall indicate whether the individual is obligated to produce identification in accordance with Section 17-10A-1. The Secretary of State may further provide by administrative rule for electronic access to this list for optional use by the absentee election manager. This list shall be made available beginning at least 45 days before the election. In municipal elections, the official list of qualified voters shall be furnished to the absentee election manager at least 35 days before the election. Any supplemental list of qualified electors shall also be provided to the absentee election manager as soon as the list becomes available. The absentee election manager shall underscore on the list the name of each voter who has applied for an absentee ballot and shall write immediately beside his or her name the word 'absentee.' The Secretary of State by rule may provide for electronic access to the absentee election manager's county list of registered voters and for the method of identifying applicants for absentee ballots in conjunction with the state voter registration list.
(c) The absentee election manager shall enroll the name, residence, and polling place of the applicant, and the date the application was received on a list of absentee voters. Each day the absentee election manager shall enter on the list the names, addresses, and polling places of each voter who has that day applied for an absentee ballot and shall, for all elections other than municipal elections, post a copy of the list of applications received each day on the regular bulletin board or other public place in the county courthouse. In municipal elections, the absentee election manager shall post a copy of the list of applications received each day on the regular bulletin board or other public place in city hall. The list shall be maintained in the office of the clerk or register for 60 days after the election, at which time it shall be filed with the judge of probate. Before the polls open at any election on election day, the absentee election manager shall effectuate the delivery to the election officers of each polling place a list showing the name and address of every person whose name appears on the official list of qualified electors for the polling place who applied for an absentee ballot in the election. The name of the person who applied for an absentee ballot shall be stricken from the list of qualified electors kept at the polling place, and the person shall not vote again. Except as to individuals voting pursuant to the Uniformed and Overseas Absentee Voting Act, 42 U.S.C. 1973ff, applications for absentee ballots are required for elections which are more than 30 days apart.
(d) For individuals voting pursuant to the Uniformed and Overseas Absentee Voting Act, 42 U.S.C. 1973ff, the Secretary of State shall by rule prescribe use of standardized military and overseas voter registration applications and applications for absentee ballots adopted by the United States government for such use. The Secretary of State shall also prescribe by rule provisions within the standard state application form for absentee voting which permit the voter to identify himself or herself as a military or overseas voter. Unless otherwise indicated by the military or overseas voter, an application for an absentee ballot by such a voter shall remain valid through the next two regularly scheduled general election cycles for federal office. The circuit clerk shall confirm by January 1 of each election year the address of the military and overseas voters prior to mailing the ballots during each election cycle, and the absentee election manager shall provide an absentee ballot to the military and overseas voters for each such subsequent election. The absentee election manager, within seven days after each regularly scheduled general election for federal office, shall report the number of military and overseas ballots mailed out and the number of ballots received to the Secretary of State who shall report this information to the Federal Election Assistance Commission within 90 days of each regularly scheduled general election for federal office.
(Acts 1975, No. 1147, p. 2251, §3; Acts 1978, No. 616, p. 873, §3; Acts 1980, No. 80-732, p. 1478, §2; Acts 1986, No. 86-428, p. 791, §2; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §3; Act 99-388, p. 615, §1; Act 2001-1097, 4th Sp. Sess., p. 1147, §1; Act 2003-313, p. 733, §2; Act 2003-400, §1.)Section 17-10-6
Section 17-10-6Form of absentee ballots.
The official ballots for any election to which this chapter pertains shall be in the same form as the official regular ballots for the election, except that they shall have printed thereon the words, 'Official Absentee Ballot.'
(Acts 1975, No. 1147, p. 2251, §4; Acts 1980, No. 80-732, p. 1478, §3.)Section 17-10-7
Section 17-10-7Form of affidavit to be printed on envelope - General, special or municipal elections.
(a) Each absentee ballot shall be accompanied by an envelope upon which shall be printed an affidavit.
(b) With respect to an absentee ballot cast pursuant to Section 17-10-3(a), said affidavit shall read as follows:
'State of Alabama
County of ___________
I, the undersigned, do swear (or affirm) that:
(1) I am a resident of ___________ County in the State of Alabama.
| (2) My place of residence in Alabama is: | ___________________ | | | (street) | | _______________________ | Alabama __________ | | (city or town) | (zip code) |
(3) My voting precinct (or place where I vote) is:_______________
_____________________________________
_____________________________________
| (4) My date of birth is : | __________ | | | month day year |
(5) I am entitled to vote an absentee ballot because:
Check only one:
___ I will be out of the county or the state on election day.
___ I am physically incapacitated and will not be able to vote in person on election day.
___ I work a required workplace shift which has at least 10 hours which coincide with the polling hours at my regular polling place.
___ I am a student at an educational institution located outside the county of my permanent residence and am therefore unable to vote at my usual polling place on election day.
___ I am a member of or a spouse or dependent of a member of the armed forces of the United States or am otherwise entitled to vote pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.
___ I have been appointed as an election officer at a polling place which is not my regular polling place.
I further swear (or affirm) that I have not voted nor will I vote in person in the election to which this ballot pertains.
I have marked the enclosed absentee ballot voluntarily and I have read or had read to me and understand the instructions accompanying this ballot and I have carefully complied with such instructions.
Moreover, I further swear (or affirm) that all of the information given above is true and correct to the best of my knowledge and that I understand that by knowingly giving false information so as to vote illegally by absentee ballot that I shall be guilty of a misdemeanor which is punishable by a fine not to exceed one thousand dollars ($1,000) or confinement in the county jail for not more than six months, or both. | | _________________ | | | (Signature or mark of voter.) | | | ___________________ | | | (Printed name of voter.) |
IF YOUR AFFIDAVIT IS NOT SIGNED (OR MARKED), OR IF YOUR AFFIDAVIT IS NOT WITNESSED BY TWO WITNESSES 18 YEARS OF AGE OR OLDER OR A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ACKNOWLEDGE OATHS, PRIOR TO BEING DELIVERED OR MAILED TO THE ABSENTEE ELECTION MANAGER, YOUR BALLOT WILL NOT BE COUNTED.
Sworn to and subscribed before me this _____ day of _____, 2__.
I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be. | ___________________ (Signature of official) | | (Title of official) | | ___________________ | | (Address of official) | | OR |
| 1st Witness____________ | | | | | | Signature | | | | _____________ | | | | Print name | | | | _____________ | | | | Address | | | | ______________ | | | | City Zip Code |
| 2nd Witness______________ | | | | | | Signature | | | | _____________ | | | | Print name | | | | _____________ | | | | Address | | | | ______________ | | | | City Zip Code |
(Acts 1975, No. 1147, p. 2251, §5; Acts 1980, No. 80-732, p. 1478, §4; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §4; Act 99-388, p. 615, §1; Act 2001-1097, 4th Sp. Sess., p. 1147, §1.)Section 17-10-8
Section 17-10-8Form of affidavit to be printed on envelope — Primary elections.
The form of the affidavit which shall be printed on the envelope used in primary elections shall be the same as that used in general, special and municipal elections; except, that the following sentence shall be added and inserted therein immediately above the signature of the voter:
'I am a member of the … Party and subscribe to all conditions and qualifications laid down by that party's committee as a requisite for participation in the election …(Signature of Voter).'
Such affidavit shall be sworn to in the same manner and form as in general, special and municipal elections.
(Acts 1975, No. 1147, p. 2251, §6; Acts 1980, No. 80-732, p. 1478, §4.)Section 17-10-9
Section 17-10-9Materials furnished with ballot; delivery of ballot to absentee election manager.
Each prospective absentee voter who meets the requirements of this chapter shall be furnished with the absentee ballot herein provided for, together with two envelopes for returning his or her marked ballot and instructions for completing and returning the absentee ballot as well as instructions for correcting mistakes in completing ballots or obtaining a replacement ballot. One envelope shall be a plain envelope in which the ballot shall be sealed by the voter after he or she has marked it.
The second envelope shall have the voter's affidavit printed on the back and shall be large enough to seal the plain ballot envelope inside. The second envelope shall also be a return mail envelope.
Such return mail envelope shall be addressed on the front to the absentee election manager and shall be endorsed on the left-hand upper corner thereof as follows:
'Absent Voter's Ballot. State, County, Municipal, General, Primary or Special Election (as the case may be) to be held on the ___ day of ____, 2__ From ______ (name of voter), precinct or districts _________, County of _______, Alabama.'
After marking the ballot and subscribing the oath herein required, the voter shall seal his or her ballot in the plain envelope, place that plain envelope inside the affidavit envelope, complete the affidavit, shall have a notary public (or other officer authorized to acknowledge oaths) or two witnesses witness his or her signature to the affidavit, and shall forward it by United States mail to the addressee or shall hand it to him or her in person.
Notwithstanding the other provisions of this section, the absentee election manager shall determine whether an applicant for an absentee ballot is obligated to produce identification in accordance with Section 17-10A-1 or reidentify in accordance with Section 17-10A-1. For absentee applicants required to produce identification, a third envelope of different color and sufficient size to enclose the first and second envelopes shall be provided to the applicant along with instructions for including a proper form of identification in accordance with Section 17-10A-1.
For absentee applicants required to reidentify because they do not appear in the precinct for which they seek to vote but do appear in another precinct within the state voter registration list, the absentee election manager shall provide to the voter a third envelope of different color and sufficient size to enclose the first and second envelopes along with a voter reidentification form, a provisional voter affirmation, and instructions in accordance with Section 17-10A-2. Such ballot shall be treated as a provisional ballot and the term 'Provisional' shall be marked on the second or affidavit envelope prior to transmitting the ballot to the voter. Applicants for an absentee ballot who do not appear on the state voter registration list shall not be entitled to an absentee ballot.
(Acts 1975, No. 1147, p. 2251, §7; Acts 1978, No. 616, p. 873, §4; Acts 1980, No. 80-732, p. 1478, §5; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §5; Act 2003-313, p. 733, §2.)Section 17-10-10
Section 17-10-10Procedure upon receipt of ballot by absentee election manager; counting of ballots.
Upon receipt of the absentee ballot, the absentee election manager shall record its receipt thereof on the absentee list as provided in Section 17-10-5 and shall safely keep the ballot without breaking the seal of the affidavit envelope. On the day of the election, beginning at 12:00 noon, the absentee election manager shall deliver the sealed affidavit envelopes containing absentee ballots to the election officials provided for in Section 17-10-11. The election officials shall then call the name of each voter casting an absentee ballot with poll watchers present as may be provided under the laws of Alabama and shall examine each affidavit envelope to determine if the signature of the voter has been appropriately witnessed. If the witnessing of the signature and the information in the affidavit establish that the voter is entitled to vote by absentee ballot, then the election officials shall certify the findings, open each affidavit envelope, and deposit the plain envelope containing the absentee ballot into a sealed ballot box.
No poll worker or other election official shall open an affidavit envelope if the envelope indicates the ballot is an unverified provisional ballot or the affidavit printed thereon is unsigned by the voter (and unmarked), and no ballot envelope or ballot therein may be removed or counted. No poll worker or other election official shall open an affidavit envelope if the voter's affidavit signature (or mark) is not witnessed by the signatures of two witnesses or a notary public (or other officer authorized to acknowledge oaths) and no ballot envelope or ballot therein may be removed or counted. The provision for witnessing of the voter's affidavit signature (or mark) in Section 17-10-7 goes to the integrity and sanctity of the ballot and election. No court or other election tribunal shall allow the counting of an absentee ballot with respect to which the voter's affidavit signature (or mark) is not witnessed by the signatures of two witnesses 18 years of age or older or a notary public (or other officer authorized to acknowledge oaths) prior to being delivered or mailed to the absentee election manager.
The absentee ballots shall upon the closing of the polls be counted and otherwise handled in all respects as if the absentee voter were present and voting in person. As regards municipalities with populations of less than 10,000, in the case of municipal elections held at a time different from a primary or general election, the return mail envelopes containing the ballots shall be delivered to the election official of the precinct of the respective voters, unless the city or town having a population of less than 10,000 inhabitants has, by permanent ordinance adopted six months prior to the municipal election, established a procedure for the appointment of absentee election officials pursuant to subsection (c) of Section 11-46-27.
(Acts 1975, No. 1147, p. 2251, §8; Acts 1978, No. 616, p. 873, §5; Acts 1980, No. 80-732, p. 1478, §6; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §6; Act 2003-313, p. 733, §2; Act 2003-400, §1.)Section 17-10-11
Section 17-10-11Officials for counting of absentee ballots; poll watchers.
(a) For every primary, general, special or municipal election, there shall be appointed three managers, two clerks and a returning officer, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election on that day, in the office of the clerk or register for the purpose of receiving, counting and returning the ballots cast by absent voters. The returns from the absent box shall be made as required by law for all other boxes. It shall be unlawful for any election official or other person to publish or make known to anyone the results of the count of absentee votes before the polls close.
(b) Notwithstanding the provisions of subsection (a) of this section, in counties with populations of 50,000 or more, there shall be appointed three managers, two clerks and one returning officer for each 200 absentee ballots, or fraction thereof, cast at the election. In those counties, the appointing board for the election shall meet at least four days before the election, determine the number of officials to be appointed and appoint and notify them as other election officials are appointed and notified.
(c) Any person or organization authorized to appoint poll watchers under Section 17-6-8 or 17-16-26 may have a single watcher present at the counting of absentee ballots, with the rights as are conferred by the aforesaid sections and by any other provisions of state law.
(d) This section shall not apply to municipal elections in cities and towns of less than 10,000 inhabitants which are held at a time different from a primary or general election. These cities or towns may establish a procedure for the appointment of absentee election officials pursuant to subsection (c) of Section 11-46-27 by permanent ordinance adopted six months prior to the municipal election.
(e) Notwithstanding the provisions of subsections (a) and (b), in those counties using an optical scanning system to count absentee ballots, the election appointment board may appoint managers, clerks, and returning officers as are necessary to process and canvas absentee ballots.
(Acts 1975, No. 1147, p. 2251, §9; Acts 1980, No. 80-732, p. 1478, §7; Acts 1994, No. 94-692, p. 1332, §1; Act 2003-400, §1.)Section 17-10-12
Section 17-10-12Delivery of ballots, envelopes, etc. to absentee election manager; emergency absentee ballots.
(a) Not less than 40 days prior to the holding of any election, except a municipal election, to which this chapter pertains, or in the case of a run-off primary election, not more than seven days after the first primary election, the officer charged with the printing and distribution of the official ballots and election supplies shall deliver to the absentee election manager of each county in which the election is held or to the person designated to serve in his or her place a sufficient number of absentee ballots, envelopes, and other necessary supplies. Not more than seven days after the last day to qualify as a candidate in a municipal election, or in the case of a run-off municipal election, not more than seven days after the first election, or in the case of a municipal election held for a purpose other than the election of municipal officers, not more than seven days after the giving of notice of the election, the officer charged with the printing and distribution of the official ballots and election supplies shall deliver to the absentee election manager of the municipality in which the election is held, or to the person designated to serve in his or her place, a sufficient number of absentee ballots, envelopes, and other necessary supplies. If the absentee election manager is a candidate with opposition in the election, he or she shall immediately, upon receipt of the ballots, envelopes, and supplies, deliver them to the person authorized to act in his or her place, as provided in Section 17-10-13.
(b) Any registered elector who requires emergency treatment of a licensed physician within five days of an election may apply for an emergency absentee ballot for the election and may vote by returning the absentee ballot no later than noon on the day the election is held. The attendant physician shall describe and certify the circumstances as constituting an emergency on a special form designed by the Secretary of State and provided by his or her office to local absentee election managers. The special form shall be attached to the application.
(c) Any registered elector whose name appears on the poll list of qualified voters may vote by an emergency absentee ballot if he or she is required by his or her employer under unforeseen circumstances to be out of the county on an emergency business trip on election day. Under such circumstances, the applicant shall apply for an emergency absentee ballot at the office of the absentee election manager no later than the close of the business day one day prior to the election. The applicant shall complete and file an application form designed by the Secretary of State for emergency absentee voters. The form shall contain an affidavit which the applicant shall sign or swear acknowledging that he or she was not aware of the out of county business requirement prior to five days before the election. An applicant who meets the requirements of this subsection may vote by an emergency absentee ballot. After voting the ballot, the voter shall hand the ballot to the absentee election manager.
(Acts 1975, No. 1147, p. 2251, §10; Acts 1978, No. 616, p. 873, §6; Acts 1980, No. 80-732, p. 1478, §8; Acts 1986, No. 86-428, p. 791, §3; Acts 1992, No. 92-152, p. 262, §1; Acts 1994, No. 94-320, p. 553, §1; Act 2003-400, §1.)Section 17-10-13
Section 17-10-13Circuit clerk, register and register in chancery disqualified from serving as absentee election manager when candidate for any office with opposition.
When the circuit clerk, register or register in chancery is a candidate for any office and has opposition, he shall be disqualified from performing any of the duties imposed by this chapter with reference to the handling of absentee ballots. At least 55 days prior to the election, the circuit clerk, register or register in chancery shall certify to the presiding circuit judge of the county his candidacy with opposition and that he is disqualified to serve or otherwise prevented from serving. The presiding circuit judge shall thereupon appoint a person to serve as absentee election manager in the manner provided for in Section 17-10-2.
(Acts 1975, No. 1147, p. 2251, §11, 16; Acts 1978, No. 616, p. 873, §7; Acts 1986, No. 86-428, p. 791, §4; Acts 1988, No. 88-88, p. 114, §1.)Section 17-10-14
Section 17-10-14Compensation of absentee election manager.
The county commission shall determine the amount of compensation to be paid to the absentee election manager or other absentee election manager for the performance of his or her duties with respect to the absentee ballots during the 45 day period prior to and on the day of the election for which his or her services are required, but such compensation shall be at least fifty dollars ($50) per day or the same pay as election day officials as referenced in Section 17-6-13. In all counties in which the compensation of absentee election managers is prescribed by local law or general law of local application at an amount in excess of the amount prescribed, the compensation of the absentee election manager shall not be increased or decreased. Those counties in which compensation of absentee election managers is set at an amount less than fifty dollars ($50) per day, the provision of the local law or general law of local application relative thereto is superseded. The amount shall be the total compensation allowed the absentee election manager for duties relating to absentee ballots in all elections held on the same day and shall be paid from the county treasury, except in case of a municipal election held at a time different from a primary or general election, in which event payment shall be made from the city or town treasury. However, no municipal employee shall be compensated for his or her services in this regard. Any reimbursement shall be as provided in Chapter 21 (commencing with Section 17-21-1).
(Acts 1975, No. 1147, p. 2251, §12; Acts 1978, No. 616, p. 873, §8; Acts 1986, No. 86-428, p. 791, §5; Acts 1988, No. 88-88, p. 114, §2; Act 2000-722, p. 1547, §1.)Section 17-10-15
Section 17-10-15Designation of person to perform duties of clerk or register in municipal elections held at time different from primary or general election.
In any municipal election that is held at a time different from a primary or general election, the duties with reference to the handling of absentee ballots which are required of the clerk or register shall be performed by the town clerk, city clerk or other officer performing the duties of the clerk. If such clerk or other officer is also a candidate in such election, the governing body of the city or town shall appoint a qualified elector of the city or town to perform the duties. Such person so appointed shall have all the powers, duties and responsibilities of the clerk or register under this chapter and shall be entitled to the compensation provided by Section 17-10-14.
(Acts 1975, No. 1147, p. 2251, §13.)Section 17-10-16
Section 17-10-16Costs and expenses generally.
All necessary and proper expenses and costs incurred in the carrying out of the provisions of this chapter for which no special provision is made in this chapter shall be paid for in the same manner as are necessary costs and expenses incurred in the several classes of elections enumerated under this chapter.
(Acts 1975, No. 1147, p. 2251, §14.)Section 17-10-17
Section 17-10-17Changing ballots, unauthorized assistance to voter, unlawful use of absentee ballot, etc.; Attorney General to provide assistance in investigating violations; provisions not to be construed as discouraging or inhibiting voter participation or use of absentee ballots.
(a) Any person who willfully changes an absentee voter's ballot to the extent that it does not reflect the voter's true ballot, any person who willfully votes more than once by absentee in the same election, any person who willfully votes for another voter or falsifies absentee ballot applications or verification documents so as to vote absentee, or any person who solicits, encourages, urges, or otherwise promotes illegal absentee voting, upon conviction, shall be punished by imprisonment in the penitentiary for not less than one nor more than two years, or by a fine of not less than $500.00 nor more than $2,000.00, or by being both fined and imprisoned. Any person who willfully aids any person unlawfully to vote an absentee ballot, any person who knowingly and unlawfully votes an absentee ballot, and any voter who votes both an absentee and a regular ballot at any election shall be similarly punished.
(b) Upon request by the local district attorney or the Secretary of State, the Attorney General shall provide investigating assistance in instances of absentee ballot or voting violations.
(c) Nothing in this section shall be construed to impede or inhibit organized legal efforts to encourage voter participation in the election process or to discourage a candidate from encouraging electors to lawfully vote by absentee ballot.
(Acts 1975, No. 1147, p. 2251, §15; Acts 1980, No. 80-732, p. 1478, §9; Acts 1994, No. 94-320, p. 553, §1.)Section 17-10-18
Section 17-10-18Willfully refusing to perform duties as to absentee voters.
Any person who shall willfully fail or refuse to perform or discharge any duty required of him in this chapter shall be guilty of a misdemeanor, and, on conviction, shall be fined not more than $100.00.
(Acts 1919, No. 75, p. 70; Acts 1919, No. 620, p. 862; Code 1923, §3938; Code 1940, T. 17, §333.)Section 17-10-20
Section 17-10-20Probate judges volunteering suggestions as to ballots for absent voters.
Any probate judge who sends any ballots or makes any suggestions in reference to furnishing ballots for absentee voters, except upon the application or request of the absent voter himself, shall be guilty of a misdemeanor.
(Acts 1919, No. 75, p. 70; Acts 1919, No. 620, p. 862; Code 1923, §3940; Code 1940, T. 17, §335.)Section 17-10-21
Section 17-10-21Preparation of absentee ballot of comatose person prohibited; penalty.
No person shall knowingly and willfully prepare or assist in preparing the absentee ballot of a person who is comatose or who otherwise cannot communicate his or her voting preferences for an absentee ballot, and, upon conviction of a violation of this section, such person shall be guilty of a Class C felony.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §7.)Section 17-10-22
Section 17-10-22Promulgation of rules and regulations with respect to challenged absentee ballots.
The Secretary of State shall promulgate administrative rules and procedures under the Alabama Administrative Procedure Act, which procedures shall be for the purpose of directing applicable election officials with respect to the manner of handling and counting absentee ballots which are the subject of challenges pursuant to Chapter 12 of this title. Said rules and procedures shall allow for the counting of any and all challenged absentee ballots as provided by said chapter, but shall provide a means by which to identify any such challenged ballot with its accompanying affidavit envelope through and until such time as any election contest may be concluded or the time for filing the same has expired. Said rules and procedures shall protect and preserve the integrity of the election and the absentee ballots cast and, subject to the requirements of the immediately preceding sentence, shall minimize the ability of any person to identify any given absentee ballot with the name of the elector casting the same unless and until such time as the challenge with respect to said ballot proves successful.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §8.)Section 17-10-23
Section 17-10-23Time requirements for receipt of absentee ballots; penalty for failure to count legal vote.
No absentee ballot shall be opened or counted if received by the absentee election manager by mail, unless postmarked as of the date prior to the day of the election and received by mail no later than noon on the day of election, or, if received by the absentee election manager by hand delivery, unless so delivered to the absentee election manager not later than 5:00 p.m. on the day prior to the election.
Except as to provisional absentee ballots that have not been verified by seven days after the election, any election official who fails to count a legal vote under Act 96-885 shall be guilty of a Class C felony and punished as provided by law.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §9; Act 2003-313, p. 733, §2.)Section 17-10-24
Section 17-10-24Statements required from persons or entities supplying election materials; return of unused election materials.
Each person, firm or entity supplying to any county or municipality any absentee affidavit envelopes, absentee ballots, or other absentee election materials in connection with any primary, general, special or municipal election shall, at the time of the shipment or delivery of the same, provide to said county or municipality, and to the Secretary of State, an itemized and signed statement showing a description and the quantity of each item so shipped or delivered. Upon the conclusion of the election, the absentee election manager shall return all unused absentee election materials to the Secretary of State along with an itemized, signed statement showing the description and quantity of each item of absentee election material not utilized by the county or municipality in the election then concluded, and said unused absentee election materials shall be maintained for the period of time prescribed by applicable law and, in no event, less than eighteen (18) months.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §10.)Section 17-10-25
Section 17-10-25Emergency absentee ballot provisions not superseded.
Nothing contained herein shall be interpreted or construed to supersede the emergency absentee ballot provisions of Section 17-10-12.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §11.)Section 17-10-26
Section 17-10-26Construction with other laws.
The provisions of Act 96-885 are supplemental. It shall be construed in pari materia with other laws relating to such matters; however, those laws or parts of laws which are in direct conflict or inconsistent with this act are hereby repealed.
(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §13.)
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