17 | 27 | | Relating to electronic vote counting systems; to amend |
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18 | 28 | | Section 17-7-21, Code of Alabama 1975, to prohibit the use of |
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19 | 29 | | electronic vote counting systems that are capable of |
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20 | 30 | | connection to the Internet or cell phone networks or that |
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21 | 31 | | possess modem technology. |
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22 | 32 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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23 | 33 | | Section 1. Section 17-7-21, Code of Alabama 1975, is |
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24 | 34 | | amended to read as follows: |
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25 | 35 | | "ยง17-7-21 |
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26 | | - | (a) The governing body of any county or municipality or |
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27 | | - | other political subdivision of the state by adoption of an |
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28 | | - | appropriate resolution, may authorize, adopt, and direct the |
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29 | | - | use of electronic vote counting systems for use in all |
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30 | | - | elections held in such county or municipality or other |
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31 | | - | political subdivision or any portion thereof; and such |
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32 | | - | resolution, a copy of which shall be filed with the Secretary |
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33 | | - | of State, shall specify the particular type of equipment to be |
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34 | | - | used and a procedure for implementation. |
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35 | | - | (b) Notwithstanding subsection (a), no electronic vote |
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36 | | - | counting system shall be used unless it has been constructed |
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37 | | - | so that it: |
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38 | | - | (1) Permits and requires voting in secrecy. |
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39 | | - | (2) Permits each elector to vote at any election for |
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40 | | - | all persons and offices for whom and for which he or she is |
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41 | | - | lawfully entitled to vote; to vote for as many persons for an |
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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 |
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| 66 | + | other political subdivision of the state by adoption of an |
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| 67 | + | appropriate resolution, may authorize, adopt, and direct the |
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| 68 | + | use of electronic vote counting systems for use in all |
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| 69 | + | elections held in such county or municipality or other |
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| 70 | + | political subdivision or any portion thereof; and such |
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| 71 | + | resolution, a copy of which shall be filed with the Secretary |
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| 72 | + | of State, shall specify the particular type of equipment to be |
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| 73 | + | used and a procedure for implementation. |
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| 74 | + | (b) Notwithstanding subsection (a), no electronic vote |
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| 75 | + | counting system shall be used unless it has been constructed |
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| 76 | + | so that it: |
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| 77 | + | (1) Permits and requires voting in secrecy. |
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| 78 | + | (2) Permits each elector to vote at any election for |
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| 79 | + | all persons and offices for whom and for which he or she is |
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| 80 | + | lawfully entitled to vote; to vote for as many persons for an |
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| 81 | + | office as he or she is entitled to vote for; and to vote for |
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72 | 82 | | or against any question upon which he or she is entitled to |
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73 | 83 | | vote. |
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74 | 84 | | (3) Permits the voter at other than primary elections |
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75 | 85 | | to vote a straight political party ticket in one operation. |
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76 | 86 | | (4) Permits such automatic tabulating equipment to be |
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77 | 87 | | set to reject all votes for any office or question when the |
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78 | 88 | | number of votes therefor exceeds the number which the voter is |
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79 | 89 | | entitled to cast or when the voter is not entitled to cast a |
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80 | 90 | | vote for the office or question. |
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81 | 91 | | (5) Is capable of correctly counting votes. |
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82 | 92 | | (6) When used in primary elections, counts only votes |
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83 | | - | for the candidates of one party, rejects all votes for an |
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84 | | - | office when the number of votes therefor exceeds the number |
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85 | | - | which the voter is entitled to cast, and rejects all votes of |
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86 | | - | a voter cast for candidates of more than one party. |
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87 | | - | (7) At presidential elections, permits each elector, by |
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88 | | - | one operation, to vote for all presidential electors of a |
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89 | | - | party or independent candidates for president or vice |
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90 | | - | president. |
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91 | | - | (8) Provides a method for write-in voting. |
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92 | | - | (9) Is capable of accumulating a count of the specific |
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93 | | - | number of ballots tallied for a precinct; accumulating total |
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94 | | - | votes by candidate for each office; and accumulating total |
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95 | | - | votes for and against each question for such precinct. |
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96 | | - | (10) Is capable of tallying votes from ballots of |
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97 | | - | different political parties from the same precinct, in the |
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98 | | - | case of a primary election. |
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99 | | - | (11) Is capable of automatically producing precinct |
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| 122 | + | for the candidates of one party, rejects all votes for an |
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| 123 | + | office when the number of votes therefor exceeds the number |
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| 124 | + | which the voter is entitled to cast, and rejects all votes of |
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| 125 | + | a voter cast for candidates of more than one party. |
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| 126 | + | (7) At presidential elections, permits each elector, by |
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| 127 | + | one operation, to vote for all presidential electors of a |
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| 128 | + | party or independent candidates for president or vice |
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| 129 | + | president. |
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| 130 | + | (8) Provides a method for write-in voting. |
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| 131 | + | (9) Is capable of accumulating a count of the specific |
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| 132 | + | number of ballots tallied for a precinct; accumulating total |
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| 133 | + | votes by candidate for each office; and accumulating total |
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| 134 | + | votes for and against each question for such precinct. |
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| 135 | + | (10) Is capable of tallying votes from ballots of |
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| 136 | + | different political parties from the same precinct, in the |
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| 137 | + | case of a primary election. |
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| 138 | + | (11) Is capable of automatically producing precinct |
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129 | 139 | | vote totals in printed, marked, or punched form, or a |
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130 | 140 | | combination thereof. |
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131 | 141 | | (12) Is capable of accurately and correctly tabulating |
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132 | 142 | | each vote and having the same so certified. |
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133 | 143 | | (13) Is not capable of connecting to the Internet or |
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134 | 144 | | cell phone networks and does not possess modem technology. " |
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135 | 145 | | Section 2. This act shall become effective on the |
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136 | 146 | | first day of the third month following its passage and |
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137 | 147 | | approval by the Governor, or its otherwise becoming law. |
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