1. (1) A verifying authority may, at its option, elect to use the random sampling procedure set forth in this section or may conduct a verification of all signatures affixed to an election petition, provided that the verifying authority utilizes the same method of verifying signatures for all petitions submitted for the same election.
2. (2) A random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the verifying authority shall be given equal opportunity to be included in the sample.

3. (3) The number of signatures to be verified by random sample shall be equal to one hundred (100) signatures or five percent (5%) of the raw count, whichever is greater. In the event that a petition contains less than one hundred signatures, one hundred percent (100%) of the signatures shall be verified.

   1. (b) In the event that a petition is submitted continuously in parts to the verifying authority, the random sampling procedure set forth in 820-2-4-.07 may be applied to each portion of the petition. The sample size for each portion is to be determined as provided for in subparagraph (b).

   (4)(a) Petitions may be submitted in whole or continuously in parts to the verifying authority, provided that no petition or part thereof may be submitted after the applicable statutory deadline for submitting the petition in its entirety. The verifying authority shall be under no obligation to verify partial submissions of petition signatures until the submission is complete but may do so at the option of the verifying authority.

Author: Edward P. Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §§17-7-1, 17-8-2.1; Attorney General Opinion Nos. 90-00223 and 99-00099.

Editor’s Note: Formerly Rule 820-X-11-.06, as per certification Filed January 10, 2001; effective February 14, 2001.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.