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HB366 Alabama 2013 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Wayne Johnson
Wayne Johnson
Republican
Session
Regular Session 2013
Title
Primary elections, automatic recount under certain conditions required, procedures, waiver by candidates, costs, Sec. 17-16-20 am'd.
Summary

HB366 creates automatic recounts for Alabama primary elections when the margin is within 0.5%, with waivers, defined procedures, funding rules, and contest implications.

What This Bill Does

Adds automatic recounts in primary elections if a candidate is defeated by no more than 0.5% of votes, unless the candidate waives the recount. Establishes who can grant or cancel the recount, and requires the recount to start within 72 hours of certification. Sets funding responsibilities (state or county for most offices, party for party primaries) and requires safeguards, including volunteers or county personnel, notice to opponents, and a mix of machine reading and hand counting for disputed ballots. States that if the recount changes the winner, it can lead to an election contest, and results must be recertified and transmitted promptly.

Who It Affects
  • Primary election candidates who lost by 0.5% or less of the vote and may be subject to an automatic recount (with a waiver option)
Key Provisions
  • Automatic recounts in primary elections triggered when the defeated candidate's margin is ≤ 0.5%; written waiver by the candidate can cancel the recount within 24 hours.
  • Recount must commence within 72 hours after declaration of results; results posted and transmitted within 24 hours after recount; contest timeframes adjusted accordingly.
  • Costs of recounts: state funds for most offices, county funds for county offices, and the party bears costs for party primaries.
  • Recount safeguards: use of trained poll officials or volunteers, sealed ballots, presence of custody authority, hand counting for disputed ballots, and 24-hour notice to opposing representatives.
  • If recount results declare a different winner, the outcome is grounds for an election contest.
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

Bill Text

Votes

Motion to Read a Third Time and Pass

April 24, 2013 House Passed
Yes 82
No 8
Abstained 1
Absent 13

Motion to Adopt

April 24, 2013 House Passed
Yes 91
No 2
Abstained 1
Absent 10

Williams (J) motion to Table

April 24, 2013 House Failed
Yes 11
No 66
Abstained 3
Absent 24

Williams motion to table Smitherman motion to rerefer

May 2, 2013 Senate Passed
Yes 18
No 7
Absent 10

Marsh table Marsh motion to recommit

May 10, 2013 Senate Passed
Yes 21
No 7
Absent 7

Documents

Source: Alabama Legislature