HB177 Alabama 2016 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Richard Lindsey
Democrat
Session: Regular Session 2016
Title: Elections, write-in votes, procedures to count, duties to judge of probate in co. elections, Secretary of State for state election, Secs. 17-6-28, 17-12-1 am'd.
Summary: HB177 changes how write-in votes are counted by tying their counting to provisional ballots when they reach the margin between the top two candidates for a given office.
What This Bill Does
It allows write-in votes to be counted at the same time as provisional ballots, but only if the number of write-ins for that office is at least the difference between the leading two vote-getters. For county offices, this threshold is checked at the county level; for federal or state offices, the threshold is assessed statewide and, if met, the Secretary of State must notify the relevant probate judges to count those write-ins. The bill also outlines counting procedures, reporting deadlines, posting of results, and rules for handling over-votes and registration accuracy, as well as provisions for requesting that write-ins be counted with a bond requirement. Administrative rules, reimbursements for county expenses, and an objection process are also included, with an effective date set several months after passage.

Who It Affects
Voters who cast write-in votes: write-in votes may be counted if the threshold is met; voters can also request counting of write-ins (county or state/federal) by submitting a written request with a bond.
County election officials (judge of probate, canvassing boards, poll workers): responsible for central counting, determining write-in totals, posting notices, reporting results to the Secretary of State, and managing related costs.
Secretary of State and statewide officials: determine statewide thresholds for federal/state offices, oversee reporting and notification to probate judges, and may adopt administrative rules to implement the law.

Key Provisions
Write-in votes are allowed only in non-municipal general elections and will be counted under the new rule if the number of write-ins for an office is greater than or equal to the margin between the top two candidates for that office.
For county offices, the canvassing board counts write-ins at a central county location, with notices to relevant party chairs and candidates, and must report the results to the Secretary of State by specified deadlines.
For federal/state offices, if statewide write-ins meet the margin threshold, the Secretary of State notifies each judge of probate to count and report those write-ins in the same time frame as provisional ballots.
Counting of write-ins follows the same process as provisional ballots and includes provisions related to over-votes and proper registration; observers may be present, and results must be posted publicly.
Electors may file objections to the counting decisions; valid objections can adjust how write-ins are counted, and challenges are handled by the canvassing board or Secretary of State depending on the office.
The act allows reimbursement of county expenses for counting write-ins and enables the Secretary of State to adopt administrative rules to implement the bill.
The bill becomes effective on the first day of the third month after its passage.

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