Alabama 2023 Regular Session

Alabama Senate Bill SB10 Compare Versions

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44 By Senator Chambliss
55 RFD: State Governmental Affairs
66 First Read: 07-Mar-23
77 PFD: 08-Feb-23
8-2023 Regular Session
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12+5 ZQUSKR-1 02/01/2023 SLU (L)SLU 2023-265
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16-Enrolled, An Act,
14+SYNOPSIS:
15+Under existing state law, there is no
16+prohibition against the use of electronic vote counting
17+systems that are capable of connecting to the Internet
18+or cell phone networks or that possess modem
19+technology.
20+This bill would prohibit the use of electronic
21+vote counting systems that are capable of connecting to
22+the Internet or cell phone networks or that possess
23+modem technology.
24+A BILL
25+TO BE ENTITLED
26+AN ACT
1727 Relating to electronic vote counting systems; to amend
1828 Section 17-7-21, Code of Alabama 1975, to prohibit the use of
1929 electronic vote counting systems that are capable of
2030 connection to the Internet or cell phone networks or that
2131 possess modem technology.
2232 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2333 Section 1. Section 17-7-21, Code of Alabama 1975, is
2434 amended to read as follows:
2535 "ยง17-7-21
26-(a) The governing body of any county or municipality or
27-other political subdivision of the state by adoption of an
28-appropriate resolution, may authorize, adopt, and direct the
29-use of electronic vote counting systems for use in all
30-elections held in such county or municipality or other
31-political subdivision or any portion thereof; and such
32-resolution, a copy of which shall be filed with the Secretary
33-of State, shall specify the particular type of equipment to be
34-used and a procedure for implementation.
35-(b) Notwithstanding subsection (a), no electronic vote
36-counting system shall be used unless it has been constructed
37-so that it:
38-(1) Permits and requires voting in secrecy.
39-(2) Permits each elector to vote at any election for
40-all persons and offices for whom and for which he or she is
41-lawfully entitled to vote; to vote for as many persons for an
42-office as he or she is entitled to vote for; and to vote for
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65+(a) The governing body of any county or municipality or
66+other political subdivision of the state by adoption of an
67+appropriate resolution, may authorize, adopt, and direct the
68+use of electronic vote counting systems for use in all
69+elections held in such county or municipality or other
70+political subdivision or any portion thereof; and such
71+resolution, a copy of which shall be filed with the Secretary
72+of State, shall specify the particular type of equipment to be
73+used and a procedure for implementation.
74+(b) Notwithstanding subsection (a), no electronic vote
75+counting system shall be used unless it has been constructed
76+so that it:
77+(1) Permits and requires voting in secrecy.
78+(2) Permits each elector to vote at any election for
79+all persons and offices for whom and for which he or she is
80+lawfully entitled to vote; to vote for as many persons for an
81+office as he or she is entitled to vote for; and to vote for
7282 or against any question upon which he or she is entitled to
7383 vote.
7484 (3) Permits the voter at other than primary elections
7585 to vote a straight political party ticket in one operation.
7686 (4) Permits such automatic tabulating equipment to be
7787 set to reject all votes for any office or question when the
7888 number of votes therefor exceeds the number which the voter is
7989 entitled to cast or when the voter is not entitled to cast a
8090 vote for the office or question.
8191 (5) Is capable of correctly counting votes.
8292 (6) When used in primary elections, counts only votes
83-for the candidates of one party, rejects all votes for an
84-office when the number of votes therefor exceeds the number
85-which the voter is entitled to cast, and rejects all votes of
86-a voter cast for candidates of more than one party.
87-(7) At presidential elections, permits each elector, by
88-one operation, to vote for all presidential electors of a
89-party or independent candidates for president or vice
90-president.
91-(8) Provides a method for write-in voting.
92-(9) Is capable of accumulating a count of the specific
93-number of ballots tallied for a precinct; accumulating total
94-votes by candidate for each office; and accumulating total
95-votes for and against each question for such precinct.
96-(10) Is capable of tallying votes from ballots of
97-different political parties from the same precinct, in the
98-case of a primary election.
99-(11) Is capable of automatically producing precinct
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122+for the candidates of one party, rejects all votes for an
123+office when the number of votes therefor exceeds the number
124+which the voter is entitled to cast, and rejects all votes of
125+a voter cast for candidates of more than one party.
126+(7) At presidential elections, permits each elector, by
127+one operation, to vote for all presidential electors of a
128+party or independent candidates for president or vice
129+president.
130+(8) Provides a method for write-in voting.
131+(9) Is capable of accumulating a count of the specific
132+number of ballots tallied for a precinct; accumulating total
133+votes by candidate for each office; and accumulating total
134+votes for and against each question for such precinct.
135+(10) Is capable of tallying votes from ballots of
136+different political parties from the same precinct, in the
137+case of a primary election.
138+(11) Is capable of automatically producing precinct
129139 vote totals in printed, marked, or punched form, or a
130140 combination thereof.
131141 (12) Is capable of accurately and correctly tabulating
132142 each vote and having the same so certified.
133143 (13) Is not capable of connecting to the Internet or
134144 cell phone networks and does not possess modem technology. "
135145 Section 2. This act shall become effective on the
136146 first day of the third month following its passage and
137147 approval by the Governor, or its otherwise becoming law.
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148-________________________________________________
149-President and Presiding Officer of the Senate
150-________________________________________________
151-Speaker of the House of Representatives
152-SB10
153-Senate 04-Apr-23
154-I hereby certify that the within Act originated in and passed
155-the Senate.
156-Patrick Harris,
157-Secretary.
158-House of Representatives
159-Passed: 02-May-23
160-By: Senator Chambliss
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