HB30INTRODUCED
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HB30
VHA1LLP-1
By Representative Wood (D)
RFD: Ways and Means General Fund
First Read: 04-Feb-25
PFD: 19-Aug-24
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6 VHA1LLP-1 08/07/2024 ANS (L)ANS 2024-2277
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PFD: 19-Aug-24
SYNOPSIS:
This bill would require the judge of probate of
each county to conduct a post-election audit after
every county and statewide general election to
determine the accuracy of the originally reported
results of the election.
A BILL
TO BE ENTITLED
AN ACT
Relating to elections; to require the judge of probate
of each county to conduct a post-election audit after every
county and statewide general election to determine the
accuracy of the originally reported results of the election.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) This section shall be known and may be
cited as the Alabama Post-Election Audit Act.
(b)(1) Notwithstanding any other law to the contrary,
the judge of probate of each county shall order a
post-election audit after every county and statewide general
election of all ballots in one precinct of a countywide or
statewide race, selected by the canvassing board of each
county as further provided in subdivision (2), which appeared
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county as further provided in subdivision (2), which appeared
on the ballot and which is not subject to a recount. Nothing
in this section shall prohibit the judge of probate from
ordering the audit of additional precincts and races. The
order shall include the name of the precincts and the races to
be audited. The order shall authorize the sheriff or other
county authority to provide access to the ballot containers
along with any other necessary election materials, including
electronic data.
(2) The canvassing board of each county shall select at
noon on the second Friday after any county and statewide
general election one precinct, excluding absentee and
provisional ballots, and either one statewide or countywide
race to be audited by the judge of probate.
(3) The judge of probate, at noon on the second Friday
after any county and statewide general election, shall select
the date, time, and place of meeting to conduct the
post-election audit and shall appoint an inspector and the
appropriate number of other poll workers required to complete
the audit in the same manner as for any other election. The
notification and publication of these appointments shall be in
the same manner as provided in Section 17-8-2, Code of Alabama
1975. Compensation for poll workers shall be the same as
provided in Section 17-8-12, Code of Alabama 1975.
(4) To begin the audit process, the voted ballot
containers subject to the audit shall be delivered, unopened
and still sealed in the original containers, to the inspectors
in charge of the audit by the custodian of the ballot
containers along with any other necessary election materials,
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containers along with any other necessary election materials,
including electronic data.
(5) The post-election audit shall be conducted no
earlier than 31 days following the statewide general election,
or the expiration of the time period for filing an election
contest, whichever is less, and shall be completed within 30
days of commencement.
(6) At the conclusion of the audit, the ballots shall
be returned to their original containers and sealed. All other
documents and materials related to the audit, including, but
not limited to, inspector and poll worker oaths, poll watcher
oaths, seals and testing materials for any tabulator used in
the audit, and copies of orders of the probate court related
to the audit shall be placed in a separate container labeled
"Record of Audit." The inspector and other poll workers shall
sign the containers and return them to the appropriate
authority for storage with other records related to the
audited election. The judge of probate shall report the
findings to the Secretary of State who shall make all results
from the post-election audit public by posting the results on
the official website of the Secretary of State.
(7) The post-election audit report shall include all of
the following:
a. A description of any problems or discrepancies
encountered.
b. A description of the likely cause of any problems or
discrepancies encountered.
c. Recommendations for corrective or remedial actions.
(8) The Secretary of State shall report all findings of
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(8) The Secretary of State shall report all findings of
the post-election audit to the Governor and the Legislature
within 30 days of receipt of the audits.
(9) Poll watchers may attend and observe the
post-election audit in the same manner as for any other
election, and appointments shall be made in the same manner as
any general election. The judge of probate shall give notice
to the public of the date, time, and location of the audit by
publication in a newspaper of general circulation in the
county or on the county's official website. Accredited members
of the media shall be permitted to be present and observe the
audit being performed.
(10) The judge of probate may conduct the post-election
audit by manual tally or by use of precinct ballot counters or
other counters previously tested, certified, and sealed
according to the procedures for testing and certification of
precinct ballot counters prior to the election. The ballot
counter or counters shall have been sealed and not used for
voting during the election subject to the audit.
(c) All expenses incurred by any county as a result of
the audit shall be reimbursed in full by the Comptroller.
(d) The Secretary of State may adopt rules and
prescribe forms to implement this section.
Section 2. This act shall become effective immediately.
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