Marksense ballot counters may be used to count absentee ballots. Absentee poll officials are to be appointed and trained in the same manner as prescribed for regular precinct poll officials in these rules. The statute requiring one set of poll workers for each 200 absentee ballots (Section 17-10-11) does not apply where marksense ballot counters are used. The number of poll officials shall be determined by the number of marksense ballot counters provided. The county commission may provide more than one counter based upon the recommendation of the absentee election manager. Beginning not earlier than noon on election day, the absentee poll officials shall perform the duties prescribed in Section 17-10-11. Where more than 200 absentee ballots are to be counted on one marksense ballot counter, the absentee election manager may authorize poll officials to open the ballot box and begin processing ballots through the counter before the polls close provided that:

1. (1) Sealed affidavit envelopes are to remain sealed, not counted, and otherwise handled in accordance with state law if one or more of the following conditions are established:

   1. (a) Duplicate votes from the same registered voter;
   2. (b) Failure to have the affidavit notarized or witnessed by two witnesses;
   3. (c) Failure to identify the voter’s place of residence;
   4. (d) Failure to identify the voter’s reason for voting absentee;
   5. (e) Failure to contain the voter’s signature or mark.
2. (2) All other sealed affidavit envelopes have been opened and checked in accordance with law and all inner envelopes containing the ballots have been placed in a sealed ballot box before the ballot box is opened and any ballots are processed, and
3. (3) The absentee election manager takes security measures to prevent the vote totals from being printed before the polls close. The prohibition on counting before the polls close contained in §17-10-11 applies to any attempt to tally votes as the ballots are read into the marksense ballot counter.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-24-7(b).

History: New Rule: Filed February 10, 1998; effective March 17, 1998. Amended: Filed February 7, 2002; effective March 14, 2002.