Section 820-2-6-.15 - Provisional Voting Verification Procedure (Alabama Administrative Code)

§ 820-2-6-.15. Provisional Voting Verification Procedure

(1) In an election for federal, state or county offices or proposed constitutional amendments or referenda, the Sheriff shall deliver the precinct verification envelope from each precinct in the county to the county board of registrars. In a municipal election, the municipal clerk shall deliver the precinct verification envelope from each precinct in the municipality to the board of registrars. Upon receipt of all the precinct verification envelopes, the board of registrars shall tally the number of provisional verification statements received in each precinct verification envelope. The number of provisional voters identified on the provisional ballot roster from the precinct should equal the total number of provisional verification statements. If the roster listing and tally correctly correspond, the board of registrars shall begin updating the state voter registration list using the voter reidentification form contained in each provisional verification envelope.

(2) When a discrepancy exists between the roster listing and tally, the board of registrars shall notify members of the county appointing board, or the municipal clerk in a municipal election, of the discrepancy and request assistance from the county appointing board or the municipal clerk, as appropriate, to resolve the matter. If the discrepancy remains unresolved at the time designated for the county board of registrars to deliver its findings to the judge of probate, or the municipal clerk in a municipal election, the appointing board, or the municipal clerk in a municipal election, shall create a written record of the discrepancy and a majority of the members of both the appointing board or the governing body in a municipal election and the county board of registrars shall attest to the same. The written record of the discrepancy shall be provided to the canvassing board or the municipal governing body with a copy included in the container housing the records of the election as mandated by federal and state law.

(3) The board of registrars shall first identify all provisional ballots that were cast as a result of a challenge statement from an inspector. When all the provisional ballots resulting from a challenge statement are identified, the board of registrars shall promptly mail notice statements, as prescribed by the Secretary of State, addressed to each "inspector-challenged" provisional voter and provide him or her with additional information on how he or she may respond to the challenge from the poll inspector.

(4) The board of registrars shall use reasonable efforts to determine whether or not the ballot of each provisional voter shall be counted. The absentee election manager shall be contacted to resolve matters involving an absentee ballot request that triggered a provisional ballot. For provisional ballots cast in a municipal election, the board of registrars shall consult with the clerk of the municipality to resolve issues related to residency in the municipality. When a final determination is made that a vote shall or shall not be counted, a brief statement explaining the board of registrars' findings shall be written in the designated area of the provisional verification statement. If the board of registrars creates any work papers or other correspondence in the verification process, a copy of such papers and correspondence shall be attached to the provisional verification statement which shall be stored in the records of election. A majority of the members of the board of registrars shall sign the findings of the board by certification and such certification shall include the printed name and signature of each registrar signing the findings.

(New Rule: Filed May 27, 2004; effective July 1, 2004. Amended: Filed May 20, 2010; effective June 24, 2010.)

Authors: Roy Wylie Granger, III; Edward Packard; Jean Brown

Statutory Authority: Code of Ala. 1975, §§ 17-1-3(a), 17-10-2.

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