Ala. Admin. Code r. 307-X-1-.21

Current through Register Vol. 43, No. 1, October 31, 2024

Section 307-X-1-.21 - Recount

(1) Any person may petition a county canvassing authority for a recount of any or all precinct returns for offices in the election that the person was a qualified elector. The time period for requesting a recount begins with the production of the certificate of result and ends forty-eight (48) hours after the official canvass of county returns. This county canvassing authority is the county canvassing board in general elections and the county executive committee in a party primary. The petitioner must be prepared to pay the cost of the recount and should be required to give security to cover these costs. The county canvassing authority is to set the amount of the security based upon an estimate of actual costs. There being a public interest in fair and accurate elections, these costs shall be kept to a minimum by using county personnel or volunteer workers whenever possible. However, the recount must be conducted under the supervision of a trained and certified poll official and/or Probate Judge of the County where the recount is conducted so long as the recount is not for the election of a Probate Judge. Representatives of opposing interests shall be given at least twenty-four (24) hours notice and shall be invited to participate in the recount.

(2) The recount should be conducted as simply as the type of equipment and local conditions permit provided that the following minimum safeguards are observed. The box or envelope holding the ballots shall be delivered unopened to the supervising official in charge of the re-count. A representative of the county canvassing authority having custody of the ballots shall be present during the recount. The marksense ballot counter shall be re-tested before the recount. The recount shall consist of reading the ballots through the counter. Any ballot that was counted in the original election but is rejected by the counter in the recount shall be counted by hand. Representatives of opposing interests have the right to participate in the hand count, and any unresolved disputes over the interpretation of the voter's choice may be appealed to the canvassing authority.

(3) When the recount has been completed, the ballots shall be returned to their container along with a printout of the recount results. The ballot container shall be sealed and signed by the inspector conducting the recount and the representative of the county canvassing authority having custody of the ballots.

(4) If the recount produces a change in precinct totals of sufficient magnitude to alter the result of the election, the outcome shall constitute grounds for an election contest as now prescribed by law. If the recount of the resulting contest alters the result of the election, the cost of the recount shall be borne by the county.

Author: Charles E. Grainger, Jr.

Ala. Admin. Code r. 307-X-1-.21

New Rule: Filed February 10, 1998; effective March 17, 1998. Amended: Filed February 7, 2002; effective March 14, 2002.

Statutory Authority:Code of Ala. 1975, § 17-24-7(b).