SB10ENROLLED
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ZQUSKR-2
By Senator Chambliss
RFD: State Governmental Affairs
First Read: 07-Mar-23
PFD: 08-Feb-23
2023 Regular Session
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Enrolled, An Act,
Relating to electronic vote counting systems; to amend
Section 17-7-21, Code of Alabama 1975, to prohibit the use of
electronic vote counting systems that are capable of
connection to the Internet or cell phone networks or that
possess modem technology.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-7-21, Code of Alabama 1975, is
amended to read as follows:
"ยง17-7-21
(a) The governing body of any county or municipality or
other political subdivision of the state by adoption of an
appropriate resolution, may authorize, adopt, and direct the
use of electronic vote counting systems for use in all
elections held in such county or municipality or other
political subdivision or any portion thereof; and such
resolution, a copy of which shall be filed with the Secretary
of State, shall specify the particular type of equipment to be
used and a procedure for implementation.
(b) Notwithstanding subsection (a), no electronic vote
counting system shall be used unless it has been constructed
so that it:
(1) Permits and requires voting in secrecy.
(2) Permits each elector to vote at any election for
all persons and offices for whom and for which he or she is
lawfully entitled to vote; to vote for as many persons for an
office as he or she is entitled to vote for; and to vote for
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or against any question upon which he or she is entitled to
vote.
(3) Permits the voter at other than primary elections
to vote a straight political party ticket in one operation.
(4) Permits such automatic tabulating equipment to be
set to reject all votes for any office or question when the
number of votes therefor exceeds the number which the voter is
entitled to cast or when the voter is not entitled to cast a
vote for the office or question.
(5) Is capable of correctly counting votes.
(6) When used in primary elections, counts only votes
for the candidates of one party, rejects all votes for an
office when the number of votes therefor exceeds the number
which the voter is entitled to cast, and rejects all votes of
a voter cast for candidates of more than one party.
(7) At presidential elections, permits each elector, by
one operation, to vote for all presidential electors of a
party or independent candidates for president or vice
president.
(8) Provides a method for write-in voting.
(9) Is capable of accumulating a count of the specific
number of ballots tallied for a precinct; accumulating total
votes by candidate for each office; and accumulating total
votes for and against each question for such precinct.
(10) Is capable of tallying votes from ballots of
different political parties from the same precinct, in the
case of a primary election.
(11) Is capable of automatically producing precinct
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vote totals in printed, marked, or punched form, or a
combination thereof.
(12) Is capable of accurately and correctly tabulating
each vote and having the same so certified.
(13) Is not capable of connecting to the Internet or
cell phone networks and does not possess modem technology. "
Section 2. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB10
Senate 04-Apr-23
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 02-May-23
By: Senator Chambliss
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