Code of Alabama - Title 17: Elections - Chapter 13 - Primary Elections
- Article 1 General Provisions.
- Section 17-13-1 "Primary election" defined
A primary election, including a separate and special presidential preference primary election, within the meaning of this chapter, is an election held by the qualified...
- Section 17-13-2 Applicability of chapter; applicability of general election laws to primary elections
All primary elections held by any political party in this state for the nomination of any state, national, district, circuit, county, or municipal officer shall...
- Section 17-13-3 Time and place for holding primary elections
(a) Except as otherwise provided in subsection (b), primary elections, except special primary elections and presidential preference primaries, held at the expense of the state...
- Section 17-13-4 Payment of compensation of officers and other expenses of elections
The compensation of officers and other expenses of any and all primary elections, general or special, held under the provisions of this chapter, shall be...
- Section 17-13-5 Filing of declaration of candidacy; certification of names of candidates; preparation of ballots; unopposed candidates
(a) All candidates for nomination to public office or for election to party office in the primary election provided for in this chapter shall file...
- Section 17-13-6 Only qualified candidates to be listed on ballots
The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold...
- Section 17-13-7 Persons entitled to vote; voter to certify political party preference by signing poll list
(a) All persons who are qualified electors under the general laws of the State of Alabama and who are also members of a political party...
- Section 17-13-7.1 Persons entitled to vote in primary runoff elections
(a) If an elector votes in a primary election, he or she may vote in a subsequent primary runoff election only if he or she...
- Section 17-13-8 Ballots, stationery, and supplies; pledge printed on ballot; spoiling of ballot
Separate official ballots and other election stationery and supplies for each political party shall be printed and furnished for use at each election district or...
- Section 17-13-8.1 Instant runoff primary elections in certain situations
(a) Notwithstanding the provisions of Section 17-6-23 and Section 17-13-18, in a primary election or second primary election, this section shall apply only to voters...
- Section 17-13-9 Duty of judge of probate to furnish and deliver election supplies
The judge of probate of each county is hereby required to furnish to the officers of the primary election a copy of the official list...
- Section 17-13-10 Ballots to be secret and inviolate
The ballot of every voter shall be kept secret and inviolate.
- Section 17-13-11 Watchers at polls
A candidate who has qualified may have a single watcher in the polling place, to be appointed in writing over his or her own signature,...
- Section 17-13-12 Returning officers
The inspector shall perform the duty of precinct returning officer as in general elections, unless someone else has been named and designated as authorized by...
- Section 17-13-13 Counting of votes; results to be posted for public inspection
(a) At the close of the primary election at each voting place, and nowhere else, the inspectors and clerks shall proceed forthwith, without adjournment, in...
- Section 17-13-14 Counting of ballots; materials to be sealed; delivery and retention of materials; posting of certificate of result
(a) No ballot shall be counted until the polls are closed; and, before counting any ballot or examining the same, the voters' poll list, as...
- Section 17-13-15 When voted ballots container and records of election container may be opened
After the result has been canvassed and declared by the county executive committee, the sheriff shall securely keep the voted ballots container and the records...
- Section 17-13-16 Public proclamation of results of election; distribution of certificates of results
The counting of the ballots having been completed, the results shall be publicly proclaimed. Separate certificates for each of the political parties entering the primary...
- Section 17-13-17 Canvass, tabulation, and declaration of results
The county executive committee of the party or parties participating in the primary election shall meet at the courthouse of its county, not later than...
- Section 17-13-18 Candidate with majority of votes declared nominee of party; second primary election; certification of results
(a) At the respective meetings of the respective executive committees, the county executive committee, as to candidates in the primary election for office, except candidates...
- Section 17-13-19 Procedure when one candidate declines to enter second primary
In the event either of the two candidates receiving the highest number of votes in the first primary election shall determine not to enter the...
- Section 17-13-20 Determination of majority of votes cast
If a nominee for a single office is to be selected, with more than one candidate, then the majority of votes cast for the office...
- Section 17-13-21 Tie votes
If, in any primary election held under the provisions of this chapter, there shall be a tie vote cast, then such tie shall be decided...
- Section 17-13-22 Certification of nominees to judge of probate
The Secretary of State shall, not later than 74 days before the general election, certify to the judge of probate of each county in the...
- Section 17-13-23 Filling of vacancies in nominations
The state executive committee, in cases where the office to be filled is not a county office, and the county executive committee, in cases where...
- Section 17-13-24 Voting more than once
Any voter who shall vote more than once, or attempt to vote more than once, in any primary election held in this state, shall, on...
- Section 17-13-25 Changing or altering returns of primary elections
Any person who shall change or in any wise alter the returns of any primary election, or remove the copy of the returns posted at...
- Section 17-13-26 Additional duties of sheriff, chief of police, etc
The sheriff of each county on the day of such primary election shall be present in person or by deputy at each election precinct or...
- Article 2 Political Parties.
- Section 17-13-40 "Political party" defined
An assemblage or organization of electors which, at the general election for state and county officers then next preceding the primary, casts more than 20...
- Section 17-13-41 Determination of total vote of political party
In determining the total vote of a political party whenever required by this chapter, the test shall be the total vote received by a candidate...
- Section 17-13-42 Political parties may elect whether to participate in primary elections
Primary elections are not compulsory. A political party may, by its state executive committee, elect whether it will come under the primary election law. All...
- Section 17-13-43 Selection of delegates to national conventions by political parties
Political parties may provide for the selection of delegates to national conventions by the holding of a presidential preference primary or by popular election of...
- Section 17-13-44 Party committees for state and political subdivisions
There may be provided a committee of each party for the state and each political subdivision of the state, including counties, the committees to be...
- Section 17-13-45 Provision for election of members of state executive committees
The state or county executive committee of any political party may, by a majority vote of the committee, require that members of the committee be...
- Section 17-13-46 Notice by governing body of political party of desire to enter primary
When the governing body of any political party desires to enter the primary election ordered to be held under this chapter, the governing body for...
- Section 17-13-47 Assessments and other qualifications for candidates for nomination
The governing body of a party may fix assessments upon those able to pay, or other qualifications as it may deem necessary, for persons desiring...
- Section 17-13-48 Selection and appointment of officers to conduct elections
Each candidate for nomination may, at least 45 days before the primary, present to the county executive committee of his or her party a list...
- Section 17-13-49 State and other conventions
The state executive committee or other governing body of any political party may provide for state conventions or conventions of other subdivisions and may provide...
- Section 17-13-50 Party meetings to nominate candidates, select delegates, party officers, etc
(a) When any political party shall desire to hold any mass meeting, beat meeting, or other meeting of the voters of such party for the...
- Section 17-13-51 Applicability of Sections 17-13-50 and 17-17-50
Sections 17-13-50 and 17-17-50 shall not apply where a special election is called for the election of a public officer for which the party has...
- Section 17-13-52 Certificate of nomination by convention, mass meeting, etc
The certificate of nomination by any caucus, convention, mass meeting, or other assembly of any political party or faction in this state not conducting a...
- Article 3 Contests of Primary Elections.
- Section 17-13-70 Time for contesting generally; hearing
Any contest to a nomination made by primary election must be filed within 24 hours after the results of the primary election have been declared,...
- Section 17-13-71 Grounds
The contests of nomination by a party for office, other than a county office, may be instituted by any qualified elector of the state, or...
- Section 17-13-72 Effect of contest on declared nomination
None of the grounds of contest enumerated in Section 17-13-71 shall serve to annul or set aside any declared nomination, unless such ground alone or...
- Section 17-13-73 Certification of candidate in case of contest
When a contest of a nomination is instituted or where a special primary to nominate is held as provided for in this chapter, the declared...
- Section 17-13-74 Summoning witnesses and production of documents
In the hearing of any contest before any committee or subcommittee under the provisions of this article, such committee, through its chair, or through such...
- Section 17-13-75 Witnesses - Testifying as to vote
Any person examined as a witness on a contest of a nomination may be required to answer as to whether he or she voted at...
- Section 17-13-76 Witnesses - Oaths; summoning witnesses; expenses
The chair of any committee or subcommittee before which may be pending any contest as herein provided may administer oaths to witnesses in such contests...
- Section 17-13-77 Registration lists to be furnished upon request
The judge of probate of any county, upon the application of either party to any contest or his or her agent or attorney, shall deliver...
- Section 17-13-78 Statement by elector contesting election
(a) Any elector of a party desiring to contest the nomination by his or her party of any candidate declared the nominee for any office...
- Section 17-13-79 Contestant to notify contestee of votes sought to be proved illegal
No testimony shall be received of any illegal votes or of the rejection of any legal votes in any contest commenced under this article unless...
- Section 17-13-80 Contest of nomination to county office - Time and manner of commencement
Any contest of a nomination to any county office must be commenced within 24 hours after the result has been canvassed and the nomination declared...
- Section 17-13-81 Contest of nomination to county office - Duty of chair of county executive committee in case of contest
The chair of the county executive committee, upon the filing with him or her of any contest as provided in this article, shall call the...
- Section 17-13-82 Contest of nomination to county office - Appeals from decisions of county executive committee
(a) Either party to a contest under this article shall have the right of an appeal to the state executive committee from the final decision...
- Section 17-13-83 Manner of commencing contest of nomination to office other than county office
Any qualified elector of a party participating in any primary election held under the provisions of this chapter may, if the elector participated in the...
- Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt
Upon the filing of any contest of nomination, the chair of the executive committee with which the contest is filed shall file a statement in...
- Section 17-13-85 Meeting of state executive committee
The chair of the state executive committee shall, upon the filing of a contest with him or her, as provided in this article, call the...
- Section 17-13-86 Declaration of result of contest
Upon the hearing of any contest, if the state or county executive committee finally determines who is the legal nominee for any office, it shall...
- Section 17-13-87 New primary in case contest cannot be decided
If, upon the hearing of any contest for any office, as provided for in this chapter, the committee, after an investigation and hearing of the...
- Section 17-13-88 Power of state committee to provide rules of party procedure
The state executive committee may prescribe such other additional rules governing contests and other matters of party procedure as it may deem necessary not in...
- Section 17-13-89 Commissioners to take testimony
Upon filing of any contest as herein provided, the executive committee before whom any such contest is pending, if in session, or the chair of...
- Article 4 Presidential Preference Primary Elections.
Last modified: May 3, 2021