Ala. Admin. Code r. 307-X-1-.16 - Write-In Votes

Write-in votes shall be permitted only in non-municipal general elections. The ballot must be constructed so that the voter can mark or punch a write-in vote for each office in the same manner that votes are registered for regular candidates. In order to cast a valid write-in vote, the voter must:

(1) write the name on the ballot or secrecy envelope and

(2) register the vote by a mark or punch in the space designated for that office. A write-in shall not be counted if the vote is not registered as provided above. Over-votes caused by write-ins shall be treated in the following manner. If a voter registers a vote for a name on the ballot and then writes in another name for the same office but fails to register the write-in vote, the ballot shall be treated as if no write-in had occurred and the regular vote shall be counted. If a properly registered write-in causes an over-vote, it shall be treated as any other over-vote; and none of the votes for the over-voted office shall be counted. However, the remainder of the ballot shall be counted. When counting write-in votes, poll officials must check for over-votes if the marksense ballot counter does not perform the function.

Author: Charles E. Grainger, Jr.

Notes

Ala. Admin. Code r. 307-X-1-.16

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

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