Ala. Code § 17-16-90 (1975) Limited Post-Election Audit of the November 8, 2022, Statewide General Election

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 17-16-90 (1975)

(a) This section shall be known and may be cited as the Alabama Voter Confidence Act.

(b) Notwithstanding any other law to the contrary, the Secretary of State may conduct a limited post-election audit of the November 8, 2022, statewide general election, as provided in this subsection.

(1) The post-election audit shall be conducted no earlier than November 30, 2022, and no later than January 31, 2023.

(2) Upon receiving from the county commission and judge of probate a request of a county to be added to a list of applicants, the Secretary of State may select up to three applicants to participate in the audit. To the extent possible, the three counties selected shall reflect the gender, race, and geographical areas of the state. The audit shall be conducted upon only one voting location in the county on only one statewide office selected by the Secretary of State and on one county office in each of the three selected counties.

(3) In the three selected counties, the Secretary of State shall consult with the respective judge of probate and sheriff to select the day to conduct the audit and the county office to be audited.

(4) To begin the audit process, the Secretary of State shall file a petition with the presiding circuit judge for the county stating the specific reason for the petition and include the specific voting location and races to be audited, and shall request a protective order in addition to the relief requested. If the circuit judge grants the petition, the judge shall deliver a written order to the respective judge of probate and sheriff granting them authority to open the appropriate ballot boxes and provide any other necessary election materials in order for the audit to be conducted. The order shall include the name of the voting location and the names of the statewide office and the county office to be audited. If the circuit judge does not grant the petition, the audit shall be considered concluded.