SB9ENROLLED
Page 0
MSK6HH-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 voting; to amend Section 17-7-23, Code of
Alabama 1975, to require any approved electronic vote counting
system used in an election to require the use of paper
ballots; and to make nonsubstantive, technical revisions to
update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-7-23, Code of Alabama 1975, is
amended to read as follows:
"ยง17-7-23
(a)It shall be the duty of the committee to The
committee shall ensure the examination and certification of
electronic vote counting systems in the following manner:
(1) By by publicly examining all makes of electronic
vote counting systems submitted and certifying whether such
the systems comply with the requirements of this section.
(2)(b) By inviting The committee shall invite any
vendor or company interested in selling an electronic vote
counting system in Alabama to submit such its equipment for
examination. The vote counting system shall be certified after
a satisfactory evaluation and testing has been performed to
determine that the equipment meets the requirements of this
article and performance and test standards for electronic
voting systems issued by the Federal Election Commission. The
committee may use certification of the equipment by an
authorized independent testing authority, or successor entity,
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as evidence that the equipment meets the requirements of
Section 17-7-21 and this section, where certification by the
independent testing authority, or successor entity, is
applicable. For the purpose of assisting in examining such a
system submitted pursuant to this subsection , the committee
may employ not more than three individuals who are expert
experts in one or more fields of data processing, mechanical
engineering, and public administration, who may or may not be
state employees and shall require from them a written report
of their examination. The vendor submitting a system for
certification shall pay to the State of Alabama by depositing
with the State Treasury for distribution to reimburse the
committee in an amount equal to the actual costs, if any,
incurred in examining the system. Such reimbursement
Reimbursement shall be made whether or not the system is
certified. No member of the committee nor any examiner shall
have any pecuniary interest in any voting equipment.
(3)(c) The committee shall approve only those
electronic vote counting systems that are meet both of the
following requirements:
(1) Are certified by an authorized independent testing
authority, or successor entity, as meeting the performance and
test standards for electronic voting systems issued by the
Federal Election Commission.
(2) Require the use of a paper ballot that shall be
marked and made available for inspection and verification by
the voter before the vote is cast and counted. For purposes of
this subdivision, "paper ballot" means a paper ballot marked
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by the voter by hand or by a disability accessible ballot
marking device.
(4)(d) After certification of any electronic vote
counting system, the Secretary of State shall make and
maintain a report on the system, and as soon as practicable
shall send a notice of certification and, upon request, a copy
of the report to all governing bodies of the counties of the
state. Any electronic vote counting system that does not
receive certification shall not be adopted or used at any
election.
(5)(e) After an electronic vote counting system has
been certified, any change or improvement in the system shall
be certified by the committee prior to the adoption of such
the change or improvement by any county. The committee shall
re-examine the electronic vote counting system to the extent
necessary to determine that it the system, as changed or
improved, is in compliance with the requirements of this
article. If the system, as changed or improved, is not in
compliance, the committee shall suspend all sales of the
equipment or system in the state until such the equipment or
system complies with the requirements of this article.
(6)(f) The adoption of an electronic vote counting
system in which votes are recorded on an electronic ballot as
authorized in this article is hereby validated. It is the
legislative intent of this subsection to declare that the use
of electronic vote counting systems in which votes are
recorded on an electronic ballot has, since the enactment of
the Election Reform Act of 1983, been an acceptable method of
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electronic vote counting."
Section 2. This act shall become effective immediately
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
SB9
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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