HB218 Alabama 2024 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

Regular Session 2024

Title

Voting, procedure for improperly marked absentee and provisional ballots

Summary

HB218 creates a procedure to count improperly marked provisional and absentee ballots by attempting to determine voter intent and issuing a new ballot, with the original marked as spoiled if necessary.

What This Bill Does

The bill adds specific procedures for counting improperly marked provisional and absentee ballots. For provisional ballots, if a ballot counter cannot read it, the canvassing board will try to determine the voter's choice; if they can determine it and with the judge of probate's approval, a new ballot with all of the voter's choices is created and counted. If the choice cannot be determined, the ballot is not counted for that office and the original becomes a spoiled ballot in the election records. The same approach applies to absentee ballots, with absentee precinct workers and the inspector approving the new ballot; if the choice cannot be determined, the ballot is not counted and the original becomes spoiled. The law takes effect October 1, 2024.

Who It Affects

• Voters who cast provisional ballots: their votes for any improperly marked offices can be counted if their intent can be determined and a new ballot is created with the voter's choices (subject to approval).
• Voters who cast absentee ballots: their votes for any improperly marked offices can be counted if their intent can be determined and a new ballot is created with the voter's choices (subject to inspector approval).

Key Provisions

• Adds new sections 17-10-2.1 (provisional ballots) and 17-11-10.1 (absentee ballots) to establish procedures for counting improperly marked ballots.
• Provisional ballots: if unreadable by the ballot counter, the canvassing board tries to determine the voter's choice; if determined, a new ballot with all choices is created and read/counted (with probate judge approval); if not possible, the ballot is not counted for that office and the original is kept as a spoiled ballot.
• Absentee ballots: if unreadable by the ballot counter, absentee precinct workers try to determine the voter's choices; if determined, a new ballot with all choices is created and counted (with inspector approval); if not possible, the ballot is not counted for that office and the original is kept as a spoiled ballot.
• If a new ballot is created, it must reflect all of the elector's choices and be read/counted, replacing the unreadable original.
• Effective date: October 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Elections, Voting, & Campaigns