307-X-1-.11 to -.16 - WSFA.com Montgomery Alabama news.

307-X-1-.11 to -.16

307-X-1-.11 Opening the Polls.

(1) All poll officials shall report to the voting place at least 30 minutes before the polls open. Where precinct ballot counters are used, each counter must be tested in accordance with the manufacturer's instructions to ensure that all vote counters are set at zero and to prepare the equipment for voting. The test shall be performed in the presence of two watchers of opposite interests, if they are present. Any error must be reported to the custodian and no vote shall be tabulated in the equipment until it is repaired or a substitute is provided. A malfunction of a precinct counter shall not prevent the opening of the polls, and the receipt of ballots shall proceed using the procedure described under "equipment failure" below. When the test has been satisfactorily completed, the inspector, the ballot clerk, and the watchers, if any are present, shall sign a certificate to that effect.

(2) Where vote recorders are used, the poll officials shall compare the ballot pages of each recorder with a sample ballot for that precinct to determine that they agree and shall also vote every position of a specially marked demonstration ballot and compare the punches with the pages of the recorder to determine that they agree. No recorder may be used in a precinct until it has been so verified.

(3) Where central ballot counters are used, the Judge of Probate, Sheriff, and Circuit Clerk are to inspect the ballot boxes to be used in the election to determine that they are empty. They then shall lock and seal the ballot boxes prior to the boxes being issued to the Inspectors of the respective precincts. (The locks used shall be the type that utilizes a key or combination, and the seals used may be plastic, metal, or other material; however they shall be numbered. The design of the ballot box should enable the lock to be placed on the portion of the ballot box that would cause no contents to be removed without removing the lock. The numbered seal is placed on the insertion door of the ballot box whereby the numbered seal would have to be removed prior to any ballot being placed into the ballot box.

The locking and sealing of the ballot boxes shall be done in public and the Sheriff shall give proper notification. Also present at the locking and sealing of the ballot boxes may be a representative of any political party who has a candidate whose name is contained on the ballot of the election which is to be held, and any other witnesses that may be present. The Judge of Probate, Sheriff, and Circuit Clerk shall prepare a statement which certifies that the ballot boxes were empty, locked, and sealed prior to the election, and prior to the ballot box being delivered to the Inspector of the respective precincts. This statement shall also list the date, time, and place of the locking and sealing, and shall have included the seal numbers imprinted in the seals which are placed on the ballot boxes. The original copy of this statement shall be made part of the permanent record of election file and kept on file with the Judge of Probate. The duplicate copy of this statement shall be filed with the Sheriff.

(4) Prior to opening the polls, the Inspector of the precinct along with one other election official, shall remove the numbered seal from the insertion portion of the ballot box and verify that the ballot box was empty. If for any reason the ballot box seal has been broken or me ballot box contains any material, the Inspector shall immediately call the Sheriff, prior to opening the polls. The numbered seal that has been removed from the insertion portion of the ballot box shall be placed in an envelope and the "Ballot Box Inspection Report" shall be completed. (This form shall state that the ballot box was empty prior to the polls being opened and be signed by the Inspector and the other polling officials of the respective precinct.) Under no circumstances shall the ballot box be opened at the precinct.

Author: Charles E. Grainger, Jr.
Statutory Authority: §17-24-7(b). Code of Alabama (1975).
History: Adopted February 10,1998; amended February 7,2002.

307.X-1-.12 Ballot Accounting Certificates.

(1) As soon as the marksense ballots are issued to a precinct, the issuing authority, or his representative, and the inspector shall complete and sign the following statement:

"Marksense ballots numbered sequentially from ___(lowest numbered ballot) through ___ (highest numbered ballot) were issued to _______ (name of precinct) at ___ (time) on ___ (date)."

(2) Immediately after the last vote has been cast, the poll officials shall complete the following statement: "Total number of unused ballots ______ Number of spoiled ballots __________ Number of votes from public counter of machine (precinct counter only) Number of marksense ballots voted ______ (central counters only)"

Author: Charles E. Grainger, Jr.
Statutory Authority: §17-24-7(b). Code of Alabama (1975).
History: Adopted February 10,1998; amended February 7,2002.

307-X-1-.13 Number of Voters in Polling Place.

The limit often electors per polling place prescribed by Section 17-8-29 shall not apply where either marksense ballot counters or direct recording electronic voting equipment are used. m precincts utilizing marksense ballot counting systems, atno time shall the number of voters permitted in the voting area exceed the number of private voting stations available unless the voter chooses to vote without utilizing the private voting station.

Author: Charles E. Grainger, Jr.
Statutory Authority: §17-24-7(b), Code of Alabama (1975).
History: Adopted February 10,1998; amended February 7, 2002.

307.X-1-.14 Spoiled Ballots.

Spoiled ballots shall be retained in a separate container.

Author: Charles E. Grainger, Jr.
Statutory Authority: §I7-24-7(b), Code of Alabama (1975).
History: Adopted February 10,1998; amended February 7,2002.

307-X-1-.15 Challenged Ballots.

(1) The procedure for challenging voters shall be the same as prescribed in Chapter 17-12 and Sections 17-16-23 and 17-16-24. After the challenged voter has signed the poll list, the poll list clerk shall: take a regular marksense ballot, write on it the number adjacent to the voter's name on the poll list, disable the ballot so that it cannot be counted electronically, and give it to the challenged voter. A challenged voter may also be cast on a paper ballot as now prescribed by law. When the challenged voter has completed the ballot, it shall be deposited in a separate box or envelope maintained for that purpose by the ballot clerk. In central count systems, challenged ballots shall be counted by hand after the central count poll officials at the central count location have closed the polls, hi precinct count systems, challenged ballots shall be counted by hand by the precinct poll officials at the precincts and the results shall be handwritten on the tape printed by the precinct ballot counter which contains the totals.

(2) Where multiple poll lists are used in a voting center, a separate challenged voters' poll list shall be used so that each number can be associated with only one name.

Author: Charles E. Grainger, Jr.
Statutory Authority: § 17-24-7(b), Code of Alabama (1975).
History: Adopted February 10,1998; amended February 7,2002.

307-X-1-.16 Write-In Votes.

Write in votes shall be permitted only in non-municipal general elections. The ballot must be constructed so that the voter can mark or punch a write-in vote for each office in the same manner that votes are registered for regular candidates. In order to case a valid write-in vote, the voter must:

(I) write the name on the ballot or secrecy envelope and

(2) register the vote by a mark or punch in the space designated for that office. A write-in shall not be counted if the vote is not registered as provided above. Over-votes caused by write-ins shall be treated in the following manner. If a voter registers a vote for a name on the ballot and then writes in another name for the same office but fails to register the write-in vote, the ballot shall be treated as if no write-in had occurred and the regular vote shall be counted. If a properly registered write-in causes an over-vote, it shall be treated as any other over-vote; and none of the votes for the over-voted office shall be counted. However, the remainder of the ballot shall be counted. When counting write-in votes, poll officials must check the over-votes if the marksense ballot counter does not perform the function.

Author: Charles E. Grainger, Jr.
Statutory Authority: §17-24-7(b). Code of Alabama (1975).
History: Adopted February 10,1998; amended February 7,2002.

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