307-X-1-.18 to -.20 - WSFA.com Montgomery Alabama news.

307-X-1-.18 to -.20

307-X-1-.18 Certificate of Results.

(1) Where precinct counters are used.

After closing the polls and sealing the required records, the poll officials shall follow the manufacturer's instructions to lock the equipment against further voting and to obtain printouts of the votes on each office and question. The first printout shall be torn from the equipment so that all printing during the day, from the initial test before the polls opened through the first printout of results shall be on one continuous sheet or roll of paper. Then, other printouts of the results shall be produced and torn out. To each certificate shall be added, if it is not automatically printed, the following information:

(a) The name of the precinct.

(b) The date.

(c) The identifying number (serial number) of tabulating equipment.

(d) The value of the public counter (indicating the number of votes cast).

(e) The name of each candidate next to the total number of votes cast for that candidate.

(f) The number and short title of each proposition next to the number of votes for or against the proposition. The challenged ballots and, in general elections only, any write-in votes shall be counted and the totals added to the certificates of results. All poll officials shall sign each certificate of result.

(2) Where central ballot counters are used.

 (a) The poll officials shall record on the Ballot Accounting Certificate the following information: 1. The total number of each ballot style issued to the precinct. 2. The total number if voted ballots. 3. The total number of signatures in voters poll list book. 4. The total number of spoiled ballots. 5. The total number of challenged ballots. 6. The total number of unused ballots of each style.

(b) The Ballot Accounting Certificate shall be in a form that provides for proper accountability if all voted and not voted ballots. All challenged ballots from the precinct shall not be counted at the precinct and shall be placed in a Challenged Ballot Envelope, along with a copy of the Challenged Ballot Oath and returned to the central count location. The central count location poll workers shall hand count all challenged ballots and record those results on a Challenged Ballot Certificate of Result form. The Challenged Ballot Certificate of Result form shall be verified and signed by the central count poll workers. The original copy of the Challenged Ballot Certificate of Result form is to be forwarded to the Canvassing Board, and the duplicate copy is to remain with the record of election container. In General Elections only, the write-in votes for each office shall be tabulated by the central count poll workers. These write-in votes shall be recorded on a write-in certificate of result to be provided for that purpose. The write-in certificate of result shall be verified and signed by the central count poll workers.

(c) After the polls close, the Inspector of the precinct shall immediately close and seal the ballot box that contains the voted ballots with a numbered seal provided for in the election supplies. This sealing of the ballot box shall be verified by all other polling officials. The sealed and unopened ballot box containing the voted ballots and the  election supplies shall be returned to the central count location by the Inspector and at least one other polling official. These officials shall remain at the central count location and assist in the processing of their precinct's ballots until the certificate of result for their precinct is produced. These officials along with at least one central count poll official shall verify and sign this certificate of result. (The result should correspond with the total number of persons voting previously recorded on the Ballot Accounting Certificate.)

The signed certificate of result shall be distributed as follows: The original to the Judge of Probate who shall keep it for public inspection and/or an election contest, one copy for each party participating in the primary, and one copy shall be sealed with counted ballots and all pertinent election supplies in the record of election container and given to the authority holding for storage the record of election container. The posting of a certificate of result at the polling place/precinct shall not be required where central ballot counters are used.

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-.19 Disposition of Forms.

After completing and signing the certificate of result, the election officials shall seal the ballots, certificates, and other records as follows:

(1) Where precinct ballot counters are used:

(a) The list of registered voters, the record of assisted voters, the ballot accounting certificate(s) and the first copy of the certificates of results shall be placed in an envelope addressed to the judge of probate who shall keep them for public inspection and/or election contest, and the list of registered voters or a copy thereof may be used by the board of registrars in updating their records.

(b) All used marksense ballots (both voted and spoiled), all challenged ballots, one copy of the certificate of result, the poll list (already sealed in a separate envelope), one copy of each challenged voter's affidavit and each witness' affidavit, and all requests for assistance in voting shall be placed in a large envelope or box, which will be sealed and signed across the seal by all inspectors. The inspector shall retain possession of the memory pack until it is read into the tabulator. Each envelope or box shall be sealed and signed across the seal by inspectors. On the outside of each envelope the inspectors shall record the precinct or district and date of election. The envelopes or boxes shall remain unopened and be returned by the inspector or returning officer immediately in the manner provided for by law. The State Records Commission is requested to develop and keep current a schedule for the retention and disposition of election records for the guidance of the officials to whom these records are sent. 

(2) Where central counters are used, the procedure for precinct ballot counters shall be followed except that the certificate of result will not be produced at the precinct, and a copy of the certificate of result will not be posted at the polling place. After the polls close, the ballot box insertion door will be resealed with a numbered seal provided for in the election supplies. The Inspector and at least one other poll official shall deliver the sealed and unopened ballot box to the central count location for processing and counting. A copy of the ballot accounting certificate shall be delivered with the ballot box to the central count location. After the count, the ballots of each precinct shall be sealed in a separate envelope or box which shall be labeled with the name of the precinct, the date of the election, the type of ballots and the total number contained therein. One copy of the Ballot Accounting Certificate and one copy of the certificate of result shall also be sealed in this envelope or box by the central count polling officials, and it shall be delivered to the authority holding the records of election container.

(3) In primary elections, the marksense ballots, certificates and other records shall be distributed as required in general elections except there shall be one canvassing envelope for each party participating in the primary, and the poll list of each party shall be delivered to the county executive committee of that party to be obtained unopened for use in the event of a contest as provided by Section 17-16-25.

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-.20 Retest

The probate judge may order, pursuant to Section 17-24-9, a post-election retest of any precinct ballot counter, central ballot counter, direct recording electronic voting device or memory pack tabulator using the same procedures prescribed for the pre- election test If the retest shows a malfunction or error in the equipment or its program, the probate judge shall order a recount as described below at county expense.

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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