HB161 Alabama 2010 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Randy Hinshaw
Democrat
Session: Regular Session 2010
Title: Municipal elections, further provided for, statements of candidacy, provisional voting, absentee ballots, recount provisions, certain voter identification provisions not to apply, Sec. 17-9-30(f), Code of Alabama 1975, relating to voter identification, not to apply to municipal elections, Sec. 17-9-30 impliedly amended, Secs. 11-46-25, 11-46-27, 11-46-39, 11-46-44, 11-46-45, 11-46-46, 11-46-50, 11-46-55, 11-46-55.1, 11-46-57, 11-46-58, 11-46-67, 17-7-25, 17-11-14, 17-11-15 am'd.
Summary: HB161 updates and standardizes municipal elections in Alabama by revising candidacy filings, election-official duties, absentee and provisional ballot rules, recounts and canvassing, and the use of electronic count systems, while excluding municipal elections from certain voter-ID requirements.
What This Bill Does
It amends several sections to tighten and clarify statements of candidacy affidavits, deadlines, and withdrawal processes. It updates the appointment, duties, and compensation of election officials, including procedures for handling absentee ballots in larger cities. It expands provisional and challenged ballot rules, formalizes recount procedures and canvassing of returns, and establishes rules for retention and destruction of ballots. It also allows electronic vote counting systems to be used in municipal elections where practicable and removes municipal elections from some voter-ID requirements.

Who It Affects
Candidates for municipal office and their voters: candidates must file affidavits and meet residency and deadline rules; names are printed on ballots; withdrawal procedures may affect ballot content; provisional ballots and challenged-voter processes affect voter eligibility at the polls.
Municipal election officials (mayor, city/town clerks, inspectors, clerks, absentee-ballot managers) and the municipal governing bodies: procedures for appointing officials, compensating them, managing absentee ballots, counting and canvassing, and handling recounts and runoff elections; plus requirements to implement electronic counting where feasible and to enforce penalties for election offenses.

Key Provisions
11-46-25: updates to statements of candidacy affidavits, printing of qualified candidates, residency/testimony requirements, and six-month retention of filings; handling of withdrawals with ballot adjustments for paper, machine, and electronic voting.
11-46-27: detailed appointment of election officials (inspectors, clerks, returning officers) with special provisions for municipalities of different sizes; absentee-ballot handling and increased staffing in larger cities; statewide compensation guidelines for officials.
11-46-39: procedures for challenged voters and provisional ballots; oath requirement for challenged voters and eligibility verification; provisional ballots available when a voter's name is not on the list.
11-46-44 and 11-46-45: counting, sealing, and canvassing of ballots; certification of election results and required affidavits; procedures for handling contested ballots and identifying the office each vote went to.
11-46-46: canvassing returns by the municipal governing body; retention/destroying ballot contents after six months if no contest; rules for opening ballot boxes only in specified circumstances; requirement to record totals and certify results.
11-46-50: absentee-ballot procedures when voting machines are used; identity verification and recording on poll lists; provisional voting options when necessary.
11-46-55.1: recount procedures, including cost/security, safeguards, participation rights, and conditions under which a recount could change results and trigger a contest or runoff; costs if recount alters results supported by the municipality.
11-46-55: runoff and majority calculations; procedures when no candidate receives a majority and runoff elections are ordered; runoff voting rules and ballot design considerations.
11-46-57 and 11-46-58: applicability of absentee-ballot and related procedures to municipal elections, and required mark/participation processes for absentee ballots.
11-46-67: penalties for improper ballot handling, false declarations, bribery or coercion, impersonation, and other election offenses with specified fines and potential hard-labor penalties.
17-7-25, 17-11-14, 17-11-15 (Section 2): extend electronic-voting-system procedures to municipal elections where practicable; set compensation for absentee-ballot managers; designate duties if the clerk is a candidate; ensure municipal election offices perform duties of state/county election officials when appropriate.
§17-9-30(f): voter identification requirements do not apply to municipal elections, removing ID prerequisites from municipal contests.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Elections