SB185 Alabama 2013 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2013

Title

Elections, write-in candidates, procedure for counting write-in votes, Sec. 17-6-28 am'd.

Summary

SB185 changes how write-in votes are counted in Alabama by establishing a central county location for counting and setting rules on when write-ins are counted.

What This Bill Does

The bill keeps write-ins allowed only in non-municipal general elections and requires ballots to be set up so voters can mark a write-in name in the appropriate space. It requires write-in ballots to be sent to a central county location on election night. The canvassing board (or the Secretary of State for multi-county races) decides whether write-in votes could affect the outcome; if they could, write-ins are counted, otherwise they are not counted except as specified. If counted, all write-in votes for an office must be counted by noon on the Tuesday seven days after the election, and any qualified voter may request counting within two business days by paying the actual counting costs.

Who It Affects

• Voters in non-municipal general elections: must follow the registration method for write-ins and may request counting within two business days if they want their write-ins counted (and must pay costs).
• Poll officials and county election staff: responsible for proper registration checks, handling over-votes, and counting write-ins at the central county location.
• Judge of probate and canvassing boards: determine whether write-ins could affect the outcome and authorize counting accordingly.
• Secretary of State: handles multi-county write-in determinations when races involve voters from more than one county.
• Electors generally: may pay attention to the two-day counting request right after an election.

Key Provisions

• Write-in votes are permitted only in non-municipal general elections and must be registered by writing the name and marking the designated space for that office.
• A write-in vote is not counted if it is not properly registered; over-votes are handled like other over-votes and may result in stripped votes for that office, while other offices on the ballot may still be counted.
• All write-in ballots are returned to a central county location on election night.
• If the canvassing board (or Secretary of State in multi-county elections) determines write-ins cannot affect the outcome, those write-ins are not counted, except as allowed by subdivision 4.
• If write-ins could affect the outcome, they must be counted by appointed election officials by noon on the Tuesday seven days after the election.
• Any qualified voter may request counting of write-ins within two business days after the election and must pay the actual costs of counting.
• Section 2 states the act becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Elections