Legal Research on Absentee Voting

    ELECTIONS
t r?.10a

$ 17-10-5

s 17 r0 5 ":;*HI *H;j n iq:mii"rg;ffiffi !
i:l::'L'"T"':*""$lii:: ;; il made't "'"i Jffi ;- 

I

uponreceip,9llh"ann\i93ti,on1".':i:?i:"ifi it:'l"J;fii:ffi :1""11i;:ffi 
I

Hff ijif"ffi li11{::1i,1ifl il"".:":-i";;i'fi *i.ntr,"absenteeba,c

to the applicant o, i" ?';;;dft it uv il"it"a shtes mail to such person c

E'Hla*lti$:'At"",lm*'X'+:!i"1"j'L'Lffi lll*rurnishedtotr,
absentee election *"-#;';'it'" p'Jtt" j;;-; "t "th"t'p:T:n 

preparins seid

list at least 21 a.rJilJF"* the election-'-ii"?tt""tee-election 
manager shall

underscore ,r, .r"ri ffiil^;; "f 
.n" ,"#".J.1tff write immediatel'

beside his name ,nl *r.iii"ur""il":' n" ri"ii "it"!t 
t\ name' residence .Dd

polling place of #;;i;tt' ""9 
tr'-1g"i"ii'" "ppritation' 

was received on r

list of absentee ,orlrJ.Tn" absentee.eleiii;;;r;;;"r shall each dav entcr on

sa id I i st the name s ];h;;;; ;;u n"u t"!""#;i' ffi n:ru:l :6[T:fi
il3"'fl'Lr ;:;"**lHFi {lfili";;; ; "qr,* 3"iri. iiice in,rrc

county courthouse.'i'r.ifiJ-rt all.be #;#t;;Jin the.offi"e of the clerk or

resister for 60 days after the election, ;ftffi;;." it tttttt be frled with the

pr-obut" judge' ttt"-"i'""tle election *}U,';;iltti ttto'-u"rore the polls open

at anv erection, cause to t" t"l'X:l^i:i*"'l**1,:fm:,:fil1"'$:l:
i*:l ii11t"*t[H"':.tr{1il'."t1+ il;; ;"'son whose name appear'

on the oflicial rirt orqriuri?"i "i".tor= 
a. *.i'n"iri'"g p1ut" *ho applied for an

absentee ballot 
'" 

tnlli"tii""' i;; ;'*",;f ;;;v t''J'-p"t'o" shall be stricken

from the list of quari;il;i;;;rs kept "1,ii*gr'i"*'*: flr'.;:Tr:1"I.
;"h:"nr1i.:T":'d5ll'"J""""TiXT"[ff 

il]"i"iJ'i'":'l{1'#;n*":t'
to vote an absentee'b:llil"t"A';1'g?5'^; 

";;;7:';:;;sr' s s' Acts 1e?8' No'

616, p. 8?3, $ e; etit-iggb' N"' 80-?32' p' 1478' $ 2')

Collateral references'

ii i*n*;tl"i'?.1.'"i1 u u z*s.zbz

$ 17'10'6. Form of absent'ee ballots'

Theoffrcialballotsforanyelectiontowhichthischapterpertainsshallbein
the same form as t[" "intill"g"rq 

u"ir"it ]"t it" "r"*i*";.;;ffi"t]?
shall have pti"t"a ti"'"ot*it'" ;otdt' "offrcial Absentee Br

No. 114?, p.225r,$';t;;tt-i-980' No' 80-732' p' 14?8' $ 3')

Collateral referencee'
is C.J-s.' 61"g11sng' $ 2to'
ii Xi. it'' za, Elections' $$ 243-252'

2t4

O-7

n.10'7.'""ffi::#,$1

r,ffiHl}HflIiH}:
"St.t" of Alabama

[]*"r'"q;Ts"iill,.i
"l'ri il-n*"e of resid

' ' 
icitY or town) 

:

"(3) MY voting Prect

"(5) I am entitled I

"Check only one:

Ihave r

*"*"*- I witl l

__-l am P

Derson on electrol

'"hH**:-xH{lrti:}i.;

xffHtHir
,,Note: Your si8

other offrcer autn

aqe or older'
"Sworn to and

19....... I-cert'

the identical Pat

irii r,r, i"'L "iir''



t7-t0-7 ABSENTEE VOTING $ 17-10-7

L7-lO-7. Form of affidavit to be printed on envelope - General, spe'

cial or municiPal elections'

Each absentee ballot shall be accompanied by an envelope upon which shall

lrinted an affidavit. This affrdavit which shall be used in general, special

municipal elections shall be substantially as follows:

"State of Alabama
"Countyof...
"I, the undersigned, do swear (or affirm) that:

i,(1) Iamaresidentof . .... countyinthe stateof Alabama.

"(2) My place of residence in Alabama is:

(street)
Alabama

(zip code)(city or town)
"(3) My voting precinct (or place where I vote) is:

"(4) My date of birth is:
month day Year

"(5) I am entitled to vote an absentee ballot because:

"Check only one:

I have moved from Alabama less than thirty days prior to the

election.
Iwillbeoutofthecountyorthestateonelectionday.
Iamphysicallyincapacitatedandwillnotbeabletovotein

person on election daY.

"Ilurther swear (or aflirm) that I have not voted nor will I vote in person

in the election to which this ballot pertains'
,,I have marked the enclosed absentee ballot voluntarily and that I have

read or had read to me and understand the instructions accompanying this

ballot and that I have carefully complied with such instructions.
,,Moreover, I further swear (or aflirm) that all of the information given

above is true and correct to the best of my knowledge and that I understand

that by knowingly giving false information so as to vote illegally by absentee

ballot that I shall be eui"tty of a misdemeanor which is punishable by a fine

not to exceed $1,000.60 .rrd/o" confinement in the county jail for not more

than six months.

(Signature or mark of voter.)

',Note: Your signature must be witnessed by either: A notary public or

other ofiicer authorized to acknowledge oaths or two witnesses 18 years of

age or older.
"Sworn to and subscribed before me this ' ' ' day of ' ' '

19. . . . . .. I certify that the alliant is known (or made known) to me to be

the identical party he claims to be.

2L5



s 17-10-8

(Title of official)

(Address of oflicial)

ELECTIONS

(Signature of offrcial)

OR

t?-10-9 ABSEM

17-10-9. Two enveloPes to be I

deliverY of ballot to a

Each prospective absentee voter wt

full be furnished with the absentee

tro env"lopes for returning his marl

avelope in which the ballot shall be

L
, The second enveloPe shall have tht
rhall be large enough to seal the I
ovelope shall also be a return mail

Such return mail enveloPe shall t
dection manager and shall be endor

abstantiallY as follows:
"Absent Voter's Ballot. State, (

Special Election (as the case may
.., 19....From

$ 17-lGt

"lst Witness

"2nd Witness

Signature

Print name
I

ll
!t
il

i;

:i

Address

City Zip Code

Signature

Print name

Address

City ZiP Code"

(Acts 1975, No. 1147, p.2251,$ 5; Acts 1980;No' 80-732' p' 1478' $ 4')

Collateral references.
29 C.J.S., Elections, $ 210.
25 Am. Jur. 2d, Elections, $$ 243-252'

$ f7-10-8. Same - Primary elections'

The form of the aflidavit which shall be printed on the envelope.used ra

primary elections shall be the same as that o*a in general, special and munte

ipal elections; except, that the following;;;;;; Jhall be'added and insertd

tirerein immediately above the signature of the voter:

"I am a member of the p"iv t"a subscribe to all conditiolu

and qualifications laid down by that party's committee as a requisita ld-

participation in the election ' ' ' ' (Signature of Votprt

Such affrdavit shall be sworn to in the same manner andTor- as in generrl

special and municipal elections. (Acts rgzs, r..Io. ll47 , p. 2251,5 6; Acts l9ol0'

No. 80-732, p. 1478, $ 4.)

Collateral references.
29 C.J.S., Elections, $ 210.
25 Am. Jur. 2d, Elections, $$ 243-252'

County of
After marking the ballot and subsr

rhall seal his ballot in the plain env'

rffidavit envelope, complete the affid
uail to the addressee or shall hand

*2251, $ 7; Acts 1978, No. 616, P'
I 5.)

Colleteral references.
29 C.J.S., Elections, $ 210.
25 Am. Jur. 2d, Elections, $$ 243-252'

I l?-ro-ro. Procedure upon rec€
ager; counting of ba

Upon receipt of the absentee ba
Itcord its receipt thereof on the abst
tall safelv keep the ballot without
0u the dav of ihe election, beginr
Eanager shall deliver the sealed
tallots to the election oflicials prov
ton ofiicials shall call the name of
Doll watchers present as may be Prc
oDen each affrdavit enveloPe, revie
ttttitled to vote and deposit the pla
lto a sealed ballot box. The absent
h counted and otherwise handled
lere present and voting in Person.
(lees than 10.000, in the case of I

lt'rr ";rt"r; oi-g"r,"r"t election
tllots shall be delivered to the ele,

216



I l?'106 ABSENTEE VOTING s 17-1G?
I r?.lr.

ffi
;H.-.?,ft
ta rot to rfa Ito be m5{r U t

he-applicant,l I
held or, if thc tll
ister iB astilfid t
sentee ballot O t
rlifiedvotentn
rbatc judgeort
'etion. The cLil f
ter and rhrll rrl
rlso enrcll thc [f
the applicatin fl
rhall each dry *
voter who her I

e list of epplitrfi
public-placcbt j
fice of the clrtt ? .ii
ll be destroyod.L sts'"
lection, cenr bI._E-,
: shon'ing tt" { ,F
icial list of qurU ._-,ft.

,allot in the chC +#
he list of qulfl * -
vote again. It I

! l?.10-6. Form of ballots; affidavlt requlred.

ts) The official ballots for any election to which this chapter pertains shall be

in ihe same form as the official regular ballots for the election, except that they

Iiall have printed thereon the words, "Official Absentee Ballot" and except that
Iiere shall also be printed thereon one of the affidavits hereinafter prescribed.

&) Such ballots shall be sworn to before a notary public or other officer
.ulhorized to acknowledge oaths, except in the following cases:- (1) A person confined on aecount of physical disability to a hospital, nursing

home, rest home or sanitarium may in person execute the affidavit on the

ballot before the authority in charge of the hospital, nursing home, rest home

or sanitarium where he or she is confined or before a notary public.
(2) Any applicant for an absentee ballot who is a member of the armed

forces of the United States, as enumerated in seetion 1?'1G3, and is on active

duty in such armed forces or the wife of any such member of the armed forces,
who will be away from his or her residence on election day, may make the
affidatit on the ballot before any officer authorized to administer oaths or
before the commanding officer or other authority in charge of the unit of the

national guard, reseryes or other eomponent of the armed forees. (Acts 19?5,

No. 114?, 5 4.)

Collateral references. - 29 C.J.S., Elections,

r 2lo(5).

! l?-10-7. Form of affidavit - General, special or municipal elections.

The form of the affidavit which shall be printed on absentee ballots used in
general, special or municipal elections shall be substantially as follows:

"State of Alabama

"County of . ...
"Before me, the undersigned authority, personally appeared

who is known (or made known) to me and who, being first duly sworrl, deposes

and says: I am a bona fide resident and qualified elector of. . . .

precinct or district in . . . .

County, Alabama or that I was a bona fide resident and qualified elector
of . . . . . . . precinct or district until my removal therefrom on the
day of . . . ., 19. . . ., a date not more than thirty days before the election
day, and but for such removal I still satisfy the Alabama registration
requirements. I have not heretofore voted in the election to be held
on ., 19....,
and I am entitled to vote therein; but, I will be away fnim the county
of my residence (or former residence) or unable to go to the polls on such day.
Therefore I have marked the foregoing absentee ballot and hereby declare
the same to be my ballot in said election.

(Signature or mark of voter.)

I application lc t
r an abgentcbn

56r