Alabama Administrative Code Title 307 - ALABAMA ELECTRONIC VOTING COMMITTEE
Title 307 of the Alabama Administrative Code pertains to the Alabama Electronic Voting Committee. This Committee is responsible for establishing the procedures and standards for the use of electronic voting systems in elections throughout Alabama. Its primary goal is to ensure the accuracy, reliability, and security of electronic vote counting systems and devices used in the state.
The Alabama Electronic Voting Committee is established by Alabama Code § 17-7-22. It is composed of five members: a representative appointed by the Secretary of State, a representative appointed by the Attorney General, a judge of probate (recommended by the Alabama Probate Judges Association and appointed by the Chief Justice of the Supreme Court), and one member each from the House of Representatives and the Senate (appointed by the presiding officer of each house). The judge of probate serves as the chair.
Purpose and Mission of the Alabama Electronic Voting Committee:
The core mission of the Committee, as reflected in its administrative rules, is to:
Certify Electronic Voting Systems: Review and certify electronic voting systems and devices for use in Alabama elections, ensuring they meet state statutory and regulatory requirements for accuracy, security, and accessibility.
Establish Procedures for Use: Develop and promulgate rules for the operation, testing, maintenance, and security of electronic voting machines and vote counting systems.
Ensure Public Confidence: Implement procedures that promote transparency and public confidence in the integrity of election results derived from electronic voting.
Address Specific Device Types: Provide specific rules for different types of electronic voting devices, such as direct recording electronic (DRE) voting devices and marksense ballot counters.
Key Chapters within Alabama Administrative Code, Title 307:
The administrative code for the Alabama Electronic Voting Committee primarily consists of one main chapter:
Chapter 307-X-1 - PROCEDURES FOR ELECTRONIC VOTE COUNTING SYSTEMS: This comprehensive chapter covers various aspects of electronic voting, including:
Definitions: Clarifying terms used throughout the regulations.
Application of Law: Explaining how the rules integrate with state election laws.
Application to Municipal Elections: Specific provisions for the use of electronic voting in municipal elections.
Testing of Voting Equipment: Detailed requirements for the public testing of precinct ballot counters and central ballot counters before each election (e.g., within 14 days of the election, public notice, casting of test votes to ensure accuracy, over-votes, and write-ins).
Ballots: Requirements for the design and handling of marksense ballots.
Custody and Transportation of Equipment: Rules for the secure handling, sealing, and transport of voting machines and equipment.
Voters Per Precinct & Voting Stations: Guidance on the number of voters per precinct and the provision of voting stations.
Appointment and Duties of Poll Officials: Responsibilities of election officials related to electronic voting equipment.
Opening the Polls: Procedures for preparing voting equipment at the start of an election, including zero-tapes to confirm vote registers are reset.
Ballot Accounting Certificates: Rules for reconciling the number of ballots used and unused.
Spoiled Ballots: Procedures for handling and accounting for spoiled ballots.
Challenged Ballots: How challenged ballots are handled with electronic systems.
Counting of Votes: General rules for the vote counting process using electronic systems.
Certificates of Results: Requirements for official documentation of election results from electronic counters.
Disposition of Forms: What to do with various election forms and records.
Retest and Recount: Crucial rules outlining procedures for retesting electronic voting devices in case of discrepancies or for recounts. This includes provisions for DRE systems, requiring retesting if the system isn't capable of producing individual vote receipts, or recounting paper receipts if the system provides them.
Direct Recording Electronic (DRE) Voting Devices: Specific rules addressing DREs, including requirements for sealing, testing, opening polls, and handling challenged ballots, often differentiating them from marksense systems.
Relationship with the Secretary of State's Office and Probate Judges:
The Alabama Secretary of State's Office provides administrative support to the Committee and is a key entity in implementing the rules. Probate Judges in each county are responsible for the local administration of elections, including the testing and management of electronic voting equipment as per the Committee's rules.
Where to Find the Full Text:
For the most accurate and up-to-date versions of the Alabama Administrative Code, Title 307, you should consult official sources:
Legal Information Institute (LII) at Cornell Law School: Provides a user-friendly compilation of the Alabama Administrative Code.
Justia Regulations - Alabama Administrative Code: Another reliable online compilation.
Alabama Secretary of State's Office - Elections Division: The Secretary of State's website is a primary resource for Alabama election laws and regulations. You can often find direct links to the administrative code, as well as official minutes from the Alabama Electronic Voting Committee meetings, which document system certifications and decisions.
These rules are vital for election officials, probate judges, voting system vendors, political campaigns, and the public to ensure the integrity and proper functioning of electronic voting in Alabama.
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