CHAPTER 820-2-2 VOTER REGISTRATION

820-2-2-.01 Applicability Of The National Voter Registration Act. The provisions of the National Voter Registration Act of 1993 [Public Law 103-31, 42 U.S. Code 1973gg et seq.] shall apply to all elections for state and local government offices in the State of Alabama. Copies of the National Voter Registration Act of 1993 may be obtained without charge from the Secretary of State's office, Elections Division, State Capitol, Room E-201, Montgomery, Alabama 36130.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.01, as per certification filed January 10, 2001; effective February 14, 2001.

820-2-2-.02 Voter Registration Agency Defined. For the purposes of this chapter, a voter registration agency shall be any state or local governmental entity designated to provide voter registration services pursuant to Section 17-4-250, paragraphs (b), (d), and (f), Code of Ala. 1975, and 820-2-2-.03.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.02, as per certification filed January 10, 2001; effective February 14, 2001.

820-2-2-.03 State-Designated Voter Registration Agencies. The following offices shall be state-designated voter registration agencies for the purposes of the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-5(a)(3)] and shall provide voter registration services pursuant to Section 17-4-250, paragraph (f), Code of Ala. 1975, and the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-5]:

(1) The probate office in each county, except in those counties in which driver's licensing is conducted by a License Commissioner;

(2) The license commissioners office in those counties in which driver's licensing is conducted by a License Commissioner; and

(3) All public libraries, including branch libraries, in each municipality with a population exceeding ten thousand (10,000) and all public libraries in each county, including branch libraries.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.03, as per certification filed January 10, 2001; effective February 14, 2001.

(1) Each voter registration agency shall offer voter registration services to its clients when said clients apply for services or recertify for services provided by the registration agency, or file a change of address with the voter registration agency.

(2) Voter registration agencies shall provide the same level of assistance to clients with respect to completing voter registration forms that they provide to clients with respect to other services rendered by the voter registration agency.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.04, as per certification filed January 10, 2001; effective February 14, 2001.

(1) The Secretary of State shall prescribe all voter registration forms to be used in voter registration activities provided for in Section 17-4-250, paragraphs (b), (c), (d), and (f), Code of Ala. 1975.

(2) Voter registration agencies may develop computer-assisted voter registration forms in conjunction with the Secretary of State. All computer-assisted voter registration forms developed under this paragraph are subject to review by, and the approval of, the Secretary of State.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.05, as per certification filed January 10, 2001; effective February 14, 2001.

(l) Voter registration forms used in voter registration agencies other than those agencies designated pursuant to 820-2-2-.03 shall include a detachable section in which individuals shall indicate their acceptance or declination of voter registration services. This acceptance/declination section shall include, verbatim, statements required by the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-3(c)(2)(D)(ii), 1973gg-3(c)(2)(D)(iii), 1973gg-5(a)(6)(B)].

(2) In the event that a client does not indicate an acceptance or declination of voter registration services, the agency representative shall write "REFUSED" in block letters across the acceptance/declination section and print the client's name and the date on the form.

(3) Each voter registration agency shall maintain for a period of two (2) years all acceptance/declination sections of the voter registration forms.

(a) Procedures for maintaining the acceptance/ declination sections shall be determined by each voter registration agency and filed with the Secretary of State. Each voter registration agency shall, in a timely manner, file with the Secretary of State any changes or amendments to said procedures.

(b) Procedures developed pursuant to 820-2-2-.06(3)(a) shall not be implemented until said procedures are reviewed and pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the Voting Rights Act of 1965 [42 U.S. Code 1973aa et seq.].

(c) The Secretary of State shall have access to all acceptance/declination sections for program evaluation purposes and to investigate voter registration complaints filed with the Secretary of State.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.06, as per certification filed January 10, 2001; effective February 14, 2001.

820-2-2-.07 Training Materials. The Secretary of State shall prepare and disseminate training materials to inform voter registration agencies of their responsibilities pertaining to voter registration services. Voter registration agencies may prepare and disseminate their own materials, for internal use only, provided that any such materials are submitted to the Secretary of State for review and approval before being disseminated.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.07, as per certification filed January 10, 2001; effective February 14, 2001.

820-2-2-.08 Filing Of Voter Registration Procedures.

(1) Each voter registration agency shall file with the Secretary of State procedures for conducting voter registration in its offices. Each voter registration agency shall, in a timely manner, file with the Secretary of State any changes or amendments to said procedures.

(2) Procedures developed pursuant to 820-2-2-.08(1) shall not be implemented until said procedures are reviewed and pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the Voting Rights Act of 1965 [42 U.S. Code 1973aa et seq.].

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.08, as per certification filed January 10, 2001; effective February 14, 2001.

(1) Each voter registration agency shall sort by each applicant's county of residence all completed voter registration forms submitted to the voter registration agency and transmit the forms by mail or courier to each county's Board of Registrars within five (5) days of submission, except that all voter registration forms received by the voter registration agency by the official close of registration shall be transmitted no later than the day of the official close of registration.

(2) Each package of voter registration forms being transmitted to a Board of Registrars shall include a packing slip specifying 1) the name and address of the agency transmitting the voter registration forms, 2) the name and phone number of the agency representative who prepared the package for transmittal, and 3) the number of voter registration forms being transmitted.

(3) Each voter registration agency shall develop procedures for transmitting voter registration forms to the various Boards of Registrars and file those procedures with the Secretary of State. Each agency shall, in a timely manner, file with the Secretary of State any changes or amendments to said procedures.

(4) Procedures developed pursuant to paragraph 820-2-2-.09(3) shall not be implemented until said procedures are reviewed and pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the Voting Rights Act of 1965 [42 U.S. Code 1973aa et seq.].

(5) The Secretary of State shall provide each voter registration agency with envelopes and packing slips for transmitting the voter registration forms to the Boards of Registrars.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.09, as per certification filed January 10, 2001; effective February 14, 2001.

820-2-2-.10 Delivery Of Voter Registration Materials. All voter registration forms, transmittal envelopes, and packing slips required for voter registration agencies to fulfill their voter registration duties shall be provided by the Secretary of State and delivered to 1) each agency's headquarters in Montgomery, Alabama, in the cases of agencies designated under Section 17-4-250, paragraphs (b) and (d), Code of Ala. 1975; 2) the probate office of each county; and 3) each public library.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.10, as per certification filed January 10, 2001; effective February 14, 2001.

(1) The following public organizations shall serve as distribution sites for the mail voter registration form: 1) public schools and 2) four-year institutions of higher learning, and 3) public libraries, including branch libraries, in each municipality with a population equal to or less than ten thousand (10,000).

(2) Through cooperative agreements, the Secretary of State may distribute the mail voter registration form through additional public and private sector organizations.

(3) The Secretary of State and the Boards of Registrars shall make the mail voter registration form available for use in organized voter registration drives.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.11, as per certification filed January 10, 2001; effective February 14, 2001.

(l) Voter registration forms submitted at a voter registration agency pursuant to Section 17-4-250, paragraphs (b), (d), (e), and (f), Code of Ala. 1975, not later than the official close of registration shall be processed by the Boards of Registrars in the same manner as voter registration forms received by the Boards of Registrars not later than the official close of registration.

(2) Voter registration forms received through the mail pursuant to Section 17-4-250, paragraph (c), Code of Ala. 1975, and postmarked not later than the official close of registration shall be processed by the Boards of Registrars in the same manner as voter registration forms received by the Boards of Registrars not later than the official close of registration.

(3) Voter registration forms received through the mail pursuant to Section 17-4-250, paragraph (c), Code of Ala. 1975, not later than three (3) days after the official close of registration with no postmark or an unreadable postmark shall be processed in the same manner as voter registration forms received by the Boards of Registrars not later than the official close of registration.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.12, as per certification filed January 10, 2001; effective February 14, 2001.

(1) A registrant who has moved from an address in the area covered by one polling place to an address covered by a second polling place within the same Board of Registrar's jurisdiction and who has failed to notify the Board of Registrars of the change of address prior to the date of an election shall be permitted to correct the voting records with the registrant's new address and vote at the registrant's former polling place.

(2) In the event that an individual appears at a polling place on election day to vote and asserts to have registered to vote pursuant to Section 17-4-250, paragraphs (b), (c), (d), (e), and (f), Code of Ala. 1975, but the individual's name does not appear on the official poll list, the individual shall be permitted to cast a challenge ballot and submit a new voter registration form at the polling precinct. Voter registration forms shall be made available at all polling places for this purpose.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.13, as per certification filed January 10, 2001; effective February 14, 2001.

820-2-2-.14 Filing Changes Of Address With Agencies By Phone. If a voter registration agency designated under Section 17-4-250, paragraphs (b), (d), or (f), Code of Ala. 1975, accepts change of address information by telephone, said voter registration agency shall mail the client filing the change of address a mail voter registration form.

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.14, as per certification filed January 10, 2001; effective February 14, 2001.

(1) Beginning February 1995, the Board of Registrars shall submit to the Secretary of State on a monthly basis the following information:

(a) The total number of new valid voter registration forms accepted for the respective month, excluding all applications that are duplicates, rejected, or that report only a change of name or address.

(b) The total number of voter registration forms received from the following sources: 1) all driver's license offices, 2) mail, 3) all public assistance agencies, 4) Rehabilitation Services offices, 5) all armed forces recruitment offices, 6) state-designated voter registration agencies (public libraries and probate offices), and 7) all other means (in person at the office of the Board of Registrars, by deputy registrars, by voter registration drives delivering the forms directly to the Board of Registrars).

(c) The total number of duplicate registration applications that were received from each of the following sources: 1) all driver's license offices, 2) mail, 3) all public assistance agencies, 4) Rehabilitation Services offices, 5) all armed forces recruitment offices, 6) state-designated voter registration agencies (public libraries and probate offices), and 7) all other means (in person at the office of the Board of Registrars, by deputy registrars, by voter registration drives delivering the forms directly to the Board of Registrars).

(2) Beginning in 1996, in December of each even-numbered year, the Board of Registrars shall submit to the Secretary of State the following information:

(a) The total number of registered voters, whether designated "active" or "inactive", in the last Federal general election.

(b) The total number of registrants that were designated "inactive" at the close of the last Federal general election.

(c) The total number of registrations that were deleted from the registration list between the last two (2) Federal general elections.

(d) The total number of address confirmation notices mailed out between the past two Federal general elections and the total number of responses received to these notices during that same period.

(3) The Secretary of State shall prescribe and provide forms for use by the Board of Registrars to file with the Secretary of State the information required in 820-2-2-.15(1) and 820-2-2-.15(2).

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.15, as per certification filed January 10, 2001; effective February 14, 2001.

820-2-2-.16 Cooperation With Federal Voting Assistance Program. The Secretary of State shall work in cooperation with the Federal Voting Assistance Program to provide voter registration in armed forces recruitment offices pursuant to Section 17-4-250, paragraph (e), Code of Ala. 1975, and the National Voter Registration Act of 1993 [42 U.S. Code 1973gg-5(c)].

Authors: Edward Packard, Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §17-4-255.

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

Ed. Note: Formerly Rule 820-X-8-.16, as per certification filed January 10, 2001; effective February 14, 2001.