Alabama 2025 Regular Session

Alabama House Bill HB30 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB30ENGROSSED~~
	1	+	HB30INTRODUCED
2	2		Page 0
3	3		HB30
4		-	~~5VVF566-2~~
	4	+	VHA1LLP-1
5	5		By Representative Wood (D)
6	6		RFD: Ways and Means General Fund
7	7		First Read: 04-Feb-25
8	8		PFD: 19-Aug-24
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14		-	6 ~~HB30 Engrossed~~
	14	+	6 VHA1LLP-1 08/07/2024 ANS (L)ANS 2024-2277
15	15		Page 1
16	16		PFD: 19-Aug-24
	17	+	SYNOPSIS:
	18	+	This bill would require the judge of probate of
	19	+	each county to conduct a post-election audit after
	20	+	every county and statewide general election to
	21	+	determine the accuracy of the originally reported
	22	+	results of the election.
17	23		A BILL
18	24		TO BE ENTITLED
19	25		AN ACT
20	26		Relating to elections; to require the judge of probate
21	27		of each county to conduct a post-election audit after every
22	28		county and statewide general election to determine the
23	29		accuracy of the originally reported results of the election.
24	30		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25	31		Section 1. (a) This section shall be known and may be
26	32		cited as the Alabama Post-Election Audit Act.
27	33		(b)(1) Notwithstanding any other law to the contrary,
28	34		the judge of probate of each county shall order a
29	35		post-election audit after every county and statewide general
30	36		election of all ballots in one precinct of a countywide or
31	37		statewide race, selected by the canvassing board of each
32	38		county as further provided in subdivision (2), which appeared
33		-	on the ballot and which is not subject to a recount. Nothing
34		-	in this section shall prohibit the judge of probate from
35		-	ordering the audit of additional precincts and races. The
36		-	order shall include the name of the precincts and the races to
37		-	be audited. The order shall authorize the sheriff or other
38		-	county authority to provide access to the ballot containers
39		-	along with any other necessary election materials, including
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67		-	28 HB30 ~~Engrossed~~
	66	+	28 HB30 INTRODUCED
68	67		Page 2
	68	+	county as further provided in subdivision (2), which appeared
	69	+	on the ballot and which is not subject to a recount. Nothing
	70	+	in this section shall prohibit the judge of probate from
	71	+	ordering the audit of additional precincts and races. The
	72	+	order shall include the name of the precincts and the races to
	73	+	be audited. The order shall authorize the sheriff or other
	74	+	county authority to provide access to the ballot containers
69	75		along with any other necessary election materials, including
70	76		electronic data.
71		-	(2) The canvassing board of each county shall ~~randomly~~
72		-	~~select at~~ noon on the second Friday after any county and
73		-	~~statewide~~ general election one precinct, excluding absentee
74		-	~~and~~ provisional ballots, and either one statewide or
75		-	~~countywide~~ race to be audited by the judge of probate.
	77	+	(2) The canvassing board of each county shall select at
	78	+	noon on the second Friday after any county and statewide
	79	+	general election one precinct, excluding absentee and
	80	+	provisional ballots, and either one statewide or countywide
	81	+	race to be audited by the judge of probate.
76	82		(3) The judge of probate, at noon on the second Friday
77	83		after any county and statewide general election, shall select
78	84		the date, time, and place of meeting to conduct the
79	85		post-election audit and shall appoint an inspector and the
80	86		appropriate number of other poll workers required to complete
81	87		the audit in the same manner as for any other election. The
82	88		notification and publication of these appointments shall be in
83	89		the same manner as provided in Section 17-8-2, Code of Alabama
84	90		1975. Compensation for poll workers shall be the same as
85	91		provided in Section 17-8-12, Code of Alabama 1975.
86	92		(4) To begin the audit process, the voted ballot
87	93		containers subject to the audit shall be delivered, unopened
88	94		and still sealed in the original containers, to the inspectors
89	95		in charge of the audit by the custodian of the ballot
90	96		containers along with any other necessary election materials,
91		-	including electronic data.
92		-	(5) The post-election audit shall be conducted and
93		-	completed by the time election returns required to be sent to
94		-	the Secretary of State must be certified.
95		-	(6) At the conclusion of the audit, the ballots shall
96		-	be returned to their original containers and sealed. All other
97		-	documents and materials related to the audit, including, but
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125		-	56 HB30 ~~Engrossed~~
	124	+	56 HB30 INTRODUCED
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	126	+	containers along with any other necessary election materials,
	127	+	including electronic data.
	128	+	(5) The post-election audit shall be conducted no
	129	+	earlier than 31 days following the statewide general election,
	130	+	or the expiration of the time period for filing an election
	131	+	contest, whichever is less, and shall be completed within 30
	132	+	days of commencement.
	133	+	(6) At the conclusion of the audit, the ballots shall
	134	+	be returned to their original containers and sealed. All other
127	135		documents and materials related to the audit, including, but
128	136		not limited to, inspector and poll worker oaths, poll watcher
129	137		oaths, seals and testing materials for any tabulator used in
130	138		the audit, and copies of orders of the probate court related
131	139		to the audit shall be placed in a separate container labeled
132	140		"Record of Audit." The inspector and other poll workers shall
133	141		sign the containers and return them to the appropriate
134	142		authority for storage with other records related to the
135	143		audited election. The judge of probate shall report the
136	144		findings to the Secretary of State who shall make all results
137	145		from the post-election audit public by posting the results on
138	146		the official website of the Secretary of State.
139	147		(7) The post-election audit report shall include all of
140	148		the following:
141	149		a. A description of any problems or discrepancies
142	150		encountered.
143	151		b. A description of the likely cause of any problems or
144	152		discrepancies encountered.
145	153		c. Recommendations for corrective or remedial actions.
146	154		(8) The Secretary of State shall report all findings of
147		-	the post-election audit to the Governor and the Legislature
148		-	within 30 days of receipt of the audits.
149		-	(9) Poll watchers shall attend and observe the
150		-	post-election audit in the same manner as for any other
151		-	election, and appointments shall be made in the same manner as
152		-	any general election. The judge of probate shall give notice
153		-	to the public of the date, time, and location of the audit by
154		-	publication in a newspaper of general circulation in the
155		-	county or on the county's official website. Accredited members
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183		-	84 HB30 ~~Engrossed~~
	182	+	84 HB30 INTRODUCED
184	183		Page 4
	184	+	(8) The Secretary of State shall report all findings of
	185	+	the post-election audit to the Governor and the Legislature
	186	+	within 30 days of receipt of the audits.
	187	+	(9) Poll watchers may attend and observe the
	188	+	post-election audit in the same manner as for any other
	189	+	election, and appointments shall be made in the same manner as
	190	+	any general election. The judge of probate shall give notice
	191	+	to the public of the date, time, and location of the audit by
	192	+	publication in a newspaper of general circulation in the
185	193		county or on the county's official website. Accredited members
186	194		of the media shall be permitted to be present and observe the
187	195		audit being performed.
188	196		(10) The judge of probate may conduct the post-election
189		-	audit by manual tally or by use of ballot counters, provided
190		-	that at least 30 randomly selected ballots are individually,
191		-	manually examined and compared to the ballot counter result
192		-	for each selected ballot.
	197	+	audit by manual tally or by use of precinct ballot counters or
	198	+	other counters previously tested, certified, and sealed
	199	+	according to the procedures for testing and certification of
	200	+	precinct ballot counters prior to the election. The ballot
	201	+	counter or counters shall have been sealed and not used for
	202	+	voting during the election subject to the audit.
193	203		(c) All expenses incurred by any county as a result of
194	204		the audit shall be reimbursed in full by the Comptroller.
195	205		(d) The Secretary of State may adopt rules and
196	206		prescribe forms to implement this section.
197	207		Section 2. This act shall become effective immediately.
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209		-	96 HB30 Engrossed
210		-	Page 5
211		-	Section 2. This act shall become effective immediately.
212		-	House of Representatives
213		-	Read for the first time and referred
214		-	to the House of Representatives
215		-	committee on Ways and Means General
216		-	Fund
217		-	................04-Feb-25
218		-	Read for the second time and placed
219		-	on the calendar:
220		-	1 amendment
221		-	................05-Mar-25
222		-	Read for the third time and passed
223		-	as amended
224		-	Yeas 63
225		-	Nays 30
226		-	Abstains 7
227		-	................18-Mar-25
228		-	John Treadwell
229		-	Clerk
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