HB404 Alabama 2011 Session

Summary

Primary Sponsor

Charles O. Newton

Republican

Session

Regular Session 2011

Title

Elections, write-in candidates, registration with judge of probate or Secretary of State prior to election required, compliance with Fair Campaign Practices Act and State Ethics Law required, procedure for counting write-in votes, Sec. 17-6-28 am'd.

Summary

HB404 would tighten and formalize how write-in votes are counted by requiring candidate registration, proper ballot marking, and specific counting procedures.

What This Bill Does

If passed, write-in votes would only be counted in non-municipal general elections. Voters must write the candidate's name on the ballot and mark the designated space for that office. A write-in candidate must register with the Secretary of State or the judge of probate at least 90 days before the election and comply with the Fair Campaign Practices Act and the State Ethics Law. The counting process includes specific rules for handling over-votes and requires centralized tabulation by the appropriate official, with final counting possible if the outcome could be affected and may involve a separate counting effort if needed.

Who It Affects

• Voters participating in elections with write-in options, who must follow the new marking and naming requirements and may face final counting procedures.
• Official write-in candidates, who must register with the Secretary of State or judge of probate and comply with ethics and campaign laws.
• County judges of probate and other election officials, who will tabulate and count write-in votes and determine whether results could affect the outcome.
• The canvassing boards (and potentially the Secretary of State) who decide if the write-in totals can affect the election outcome and who may authorize additional counting.

Key Provisions

• Write-in votes permitted only in non-municipal general elections.
• Voter must write the candidate's name and mark the designated space to cast a valid write-in vote.
• Write-in candidate must register with the Secretary of State or judge of probate at least 90 days before the election and comply with the Fair Campaign Practices Act and the State Ethics Law.
• Ballot must allow a write-in vote for each office in the same way as regular candidates; over-votes are handled like other over-votes.
• Write-in votes are tabulated by the appropriate official (judge of probate for county-only elections) and may be finally counted if the outcome could be affected; otherwise they may not be counted.
• For multi-county elections, the Secretary of State determines whether write-in totals can affect the outcome and final counting proceeds if needed.
• Any qualified elector may request final counting of write-in votes within two business days, paying the actual counting costs.
• Effective date: the first day of the third month after passage/approval.

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