Alabama Recount Laws

This information was initially released on October 21, 2010. Note: The website hosting the Code of Alabama does not allow for us to link to individual statutes or sections. The index for and links to all statutes cited below can be found at http://alisondb.legislature.state.al.us/acas/ACASLoginFire.asp.

Voting System Used: 

Paper ballot (optical scanners) For more details, visit Verified Voting.

 

Counting Method: 

Retabulation only Alabama uses only paper ballots cast on optical scan machines. Ballots are to be retabulated by machine, though the law allows for ballots rejected by automatic tabulators to be inspected and recounted by hand. See the Code of Alabama, Title 17, “Elections,” Chapter 16, “Post-Election Procedures,” Section 17-16-20, “Recounts generally,” Subsection (h).

Initiating Mechanism: 

Close vote margin Candidate-initiated Voter-initiated

Close Vote Margin: 

Less than or equal to 0.5% If any candidate in a general election or any statewide ballot measure is defeated by not more than .5% of the total votes cast for the office or the measure, a recount is automatically held, though the apparent defeated candidate may file to waive the recount. See Section 17-16-20, Subsection (a). Timing: Section 17-16-20, Subsection (b) specifies that recounts must begin within 72 hours of the initial certification of results. Cost: Section 17-16-20, Subsection (g) provides instructions for keeping costs to a minimum, stating that the recount should utilize volunteers if possible. This differs from many states that specify the use of paid staff for recounts.

Candidate-Initiated Options: 

Candidate determines how many/which precincts to recount Specific offices only Section 17-16-21, “Recount procedures,” Subsection (a) allows for any person with standing to contest an election to file a petition for a recount. Those offices for which a recount may be obtained are listed in Section 17-16-40. Timing: Recount requests must be filed within 48 hours after the official canvass. See Section 17-16-21, Subsection (a).

Voter-Initiated Options: 

Voters determine how many/which precincts to recount Voters may request recounts for offices Section 17-16-21, Subsection (a) allows for any person with standing to contest an election to file a petition for a recount. Voters may request recounts for a limited number of offices. Those offices for which voters may obtain a recount are listed in Section 17-16-47. Timing: Recount requests must be filed within 48 hours after the official canvass. See Section 17-16-21, Subsection (a).

Cost for Candidate-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Recount initiators must pay a security before the recount begins, the amount of which is based upon an estimate of the actual costs made by the election authority. This is returned if the recount alters the outcome of the election. See Section 17-16-21, Subsections (a) and (d).

Cost for Voter-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Recount initiators must pay a security before the recount begins, the amount of which is based upon an estimate of the actual costs made by the election authority. This is returned if the recount alters the outcome of the election. See Section 17-16-21, Subsections (a) and (d).

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint challengers No statutory guidance for recount observers Section 17-16-20, Subsections (f) and (g) allow for “representatives of opposing interests,” who have the ability both to observe and to challenge those ballots counted by hand. The statute allows only for the challenging of hand-counted ballots, and not for those retabulated by machine, which are presumably the majority of ballots. (See the Counting Method section above.) Alabama statute does not require that recounts be conducted publicly.

Rules for Determining Voter Intent: 

Statutory guidance provided The statutory guidance provided for determining voter intent in Alabama is not detailed, but simply states that "if for any reason it is impossible to determine the elector's choice for any office to be filled, the ballot shall not be counted for such office," but does not provide further details. See Section 17-12-13, “Procedure; improperly marked ballots.” When representatives of the respective parties involved in the recount do not agree in their reading of a voter's intent as marked on a ballot, an appeal may be made to the canvassing board, who has authority to determine intent. See 17-16-20, Subsection (h).

Audit Laws: 

State does not have audit laws

Additional Resources: 
Code of Alabama - Title 17 - Elections
Alabama Secretary of State
Code of Alabama on Justia - Title 17 - Elections